(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Index to volumes I-XXV, 1892-1924"

Google 



This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 

to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 

to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 

are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 

publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing tliis resource, we liave taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 
We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain fivm automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attributionTht GoogXt "watermark" you see on each file is essential for in forming people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liabili^ can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 

at |http: //books .google .com/I 



Wi It^S^'l 



HARVARD 
COLLEGE 
LIBRARY 



I 







/ 



•■/- 



^S'l^lS^.l.lft 



^^PUBLICATIONS 



a> 



or 






TRANSACTIONS 

1*97. 1898 



HARV.^K"^' 



, ; V I: U w I I t' 



\y' ■' '-^Y 



/ ) 



^t^MUKttttC 9w «9fnNi(lttlM(« 



I I ' 



JOHH VOBLB. 
•HKNET WILLIAMS 
•SDWABD GBIFFIir FOBTKB. 

GB0B6B LTMAV KITTBBDOB. 
VOSWH HBBRT ALLBV. 

ALBEBT MATTHBW8. 






i 



I 



? 




'^^^^■^^^^jXi^^zz^^i^^ 






i-Z-r 



PUnuCATIONS 






Ciif Colonial ^orirt? of S^ssfiacjjUBrttt 



V'dli'me v. 



TRANSACTIONS 

l8c)7, iSgS 



BOSTON 

Pl-OLrSHEl) BV THE SOCIETV 






"^^'-o^^'^sSI 



-■:->:i.;;'jr •;>: (,;■ 



5'* \''v^' r.i^^-i^l-:t^'rf ■:'.■'''■ '• 



#C „ vJ^i .,;,,. r-:^-V^ i^' 



,^!'^. ^. 



PUBLICATIONS 






tCjie CoUntal ^ocitt; of ^aseacfmsttts 

VOLUUB V. 



TRANSACTIONS 
1897, 1898 



BOSTON 

PUBLISHED BY THE SOCIETY 

190a 



y)S^:MSi'^A ^t^)j 



ft 



PREFACK 



HAnVAPD 

UNIVERSITY] 

LIBRARY 



THB Transactions of the Society at dght of ito Stated 
Meetings are recorded in this book| in oontinuatioa 
of a similar record in Volume III. 

Volume IV. will be a volume of Collections^ in whidi will 
appear several communications that were too long to find an 
appropriate place in the Transactions. Considerable progress 
has been made upon it, about one hundred pages bebg 
already in plate. 

Among Uie more important communications printed in 
the volume now offered to the Society are (1) the Harvard 
Theses of 1663, with a Note in which Mr. Wiluamsov in- 
terprets the mysterious letters used in the Dedication of the 
Harvard Commencement programme prior to 1781, (2) a 
Fragment of the House Journal of 1649, with the learned 
Notes and observations thereon by Mr. Upham and Mr. 
GooDBLL, (3) Mr. Matthxws^s essay on Hired Man and 
Help, (4) Mr. Sladb's paper on Henry Pelham, (6) Mr. 
Edbs^s paper on John Davis of York and his Thanksgiving 
Proclamation of 1681, (6) Franklin's letter condemning the 
doings of the Boston Tea Party, and (7) the Commission of 
George I. to the Bishop of London in 1726-27, authorizing 
him to exercise certain episcopal functions in America. Mr. 
Oat shows that the portrait of Sir William Pepperrell, by ao 
unknown artist, long in the possession of the Essex Institttte^ 
was pamted by Smibert; and there are also papers concern* 
ing the disbursement of the funds for printing Eliot's Indian 
(il 



, t 



/ 



In the followiiig pages will alao be found tribatee to 
the memofy of Phifeeeor Laub^ Judge Lowell, tbe Hon. 
GsosGB S1L8BBS Hale, Mr. Frakcis Vkboniis Balch, 
and the Ber. Dr. Joseph Heekt Allen; and Memoirs of 
the Hon. Daswdi Erastus Ware, by James Bradley 
Thayer, (rf QoTemor Bussell, by Charlra Carroll Everett, 
and of the Hon. Leterett Saltokstall, by the Hon. 
Joseph Hodges Choate, one of our Honorary Members. 

At the meeUng in January, 1898, an amendment to 
the By-Laws was adopted authorizing the election of a 
fiadted number of CSorresponding Members. The Society 
is already much indebted to two members of this class, — 
Ju^ WiLUAifSOV and the Hon. James Phinnet Baz- 
TBR,— ior TsluaUe aid in identifying tor the Index many 
Indian, and other, names and lootlitaes in Maine. 

In the pro ceedings of the Meeting in April, 1898, will 
be found the Beport of the Committee whidi raised the 
Gould Memorial Fund of ten thousand dollars, — an en- 
dowment which will keep in perpetual remembrance the 
eenrices and Tirtues of our first President. 

The illustrations of this book, comprising four portraits 
and six &o«miles of rare early documents, hsTe all been 
engraved hy Mr. Elson expressly for the Society, and 
eoiM of than ai the eiqpense of individual members and 



The Index has been made with grsat care, and it is hoped 
thai the efforts of the Committee to make it full and aocu- 
imU and a psrfsci kqr to the text hsTe been successful. 

For the Committee, 



JimM NORLB. 



• isii 



i^ 



• ■« 



I 



; i 






J 

i 



TABLE OF CONTENTS. 



PttrACI T 

List or iLLutnuTiOHt siii 

OmoBM Elbctio SI Normbert 1901 zr 

RitiDBirr Mbmbbm zfl 

HowNUKT Mbhbbm ••....i. zriii 

CosKBtPOVMVo IfniBBM « jprfii 

Mbmmm Dbobasbo «.....••.•••. 

ANNUAL MEETING, NOVEMBER, 189T. 

ABDaal Addrett bj the PsstiDiirr I 

Fkiper bj Jomr Noblb, on tlit ReccMrdt and FUm of tlit Bnpnkmr 
Court of JiidicAtQre« and of tiM 8aprtaM Jedicial Coeit,— 

their Hiftorj and FliOM of Depodt 5 

Report of the Cooncll 27 

Report of tbe Treaearer 8S 

Report of tbe Aodithig ComBittee U 

Offloen Elected U 

MInate on tbe retirement of Ajvomw HcParlamd DAnt from the 

ofltoe of Correeponding Secretaiy • • • 9$ 

Anneal DIni 



Meaoir of Darwin Braalae Ware, bj jAnm Reambt Tukim 



yM 



TAUM ov comrai; 



DBCEIIBBR MEETINO. 

TMbate to Otorge Martlo Laae, John LowtD fod Ocom SOtbit '' 
Hate: 

BMuuts liy WiU4Ax Watsoit OooDwnr 40 

Btaarks hj Saxtbl Lomsop TnomtDtKB 41 

Bemailn lij Fknup Howbs 8bam 45 

B«B«ts1)jJOBlf KOBLB .47 

BMuuts liy Saxusl JoHmoir 4f 

•■■■'*■ *>J Edward Gmrra IV>btbr, deterlWiig a TisH to New 
Eagteiid io 1897 of Lieotemuil-Oeiierml Qtorgt DigbjBarw 
^ C.B^ and tfao Diary of hia graadratlier, Lieoteoaot 
Joha Barker, 1774^1776 4f 

AammnnmmX by Avdhcw McFaklaxd Datis, of the Ineorpora* 

tioo of the Lyoa Hitlorieal Soeiely, and the Holbrook Hk- 
torSeal Soeletj ••••••....,.... 0§ 

OaBMniicatSoB by Abxes CnBinnr Goodbli, Jr., of a Letter on 
tbe Doings of the Boston Tea Ptoty fioB Dr. Fhuiklin to 

ThoHMS Oishiog and others, tr/4 56 

Text of the Letter 57 

Goaannieation by Jonii Noblb, of original papers rotating the 
Trial of CH>Uin Thomas IVeston and the Mdien oon- 
«emed in the Riot of the Fifth of Uarch, 1770, and his 
Benutffcs thereon •• . . 68 

Beaarks by Hnnr Hbsbrkt Bois, in eonmnnieating an original 

letter of Cotton Mather 77 

Text of the Letter • 79 

Xeaiber Elected 31 

CnaMniisUon byJomi Nobls, of an estract f rom the leooid te 

the Mfawte Book of the Trial of Captain IVeston . . . . «f 
of WUttani Eostis Bnssell, by CoARLBS Carroli Etbrbtt 99 

JANUABT MEBTINO, 1898. 



to the By-Lnws, anthorlsing the eleetioB of a limited 

of ConnspoBdhig Members, adopted 

frMFkRiNERiCK Lewis O AT, showing that ths poT- 
of Sir William FspperrsU te the Essex Institnte was 
ly Smibsrl 



84 



88 












ili 



Q 



j^ 



i 



: 3 

* 'e 






• ■ 'I 



i 



J 

> ,f 



.<J 



TABLB OF OOMTBfXS* ix 

FA«a 

FsparbyAiii«xwMcFARLA]iDDAT»,onAConneeticQtLandBank 88 

Letter from AniriR Chxiixt Goodkx, Jr., oommnnlcating a 
copy of a Boyal Commission to ths Bishop of London 
(18 George L) authorising him to exerdse eertain Bpiscopal 

fnnotions in America 118 

Translation of a part of ths text of the CommissipB • • • • 114 
Commnnioation by Jobv Norlx, of aFngsMnt of the origfaud 

Joomal of the Hoose of Deputies, 1848 118 

Tbxt of ths fragment .118 

Communication from Abxrr Cbrrst Goodbx, Jr. • • • . 188 

Bemarks by Jobv Koblr .188 

Letter of Wiluam Pbikbas Upham 144 

Notes on Volnme IILof the printed copyof the Ma ssa 

cbttsetti Colony Beoords 148 

Letter of Abnkr Chbhbt OooDRLL, Jr. 181 

Paper by Hbnrt Hbrbbrt Edbs, 00 John DbtIs of Tork end his 

Tbankngiring Prodamatkm of 1881 187 

Members Elected 188 

FEBBUABT MEETINO. 

Bemarks by the Fbbsidbiit, in annonndng the death of Fhmds 

Vergnies Balcfa 187 

Bemarks by Chablbs Sxoowick Bacbbmaiib 188 

Bemarks by MosBS WiLLuks 188 

Bemarks by Johv Noblb 180 

Bemarim by Hbxbt Hrbbbbt Eobs 181 

Fkiper by Dbbisob Boobbs Sladb, on Henry Pelham, the half* 

brother of John Singleton Copley 188 

Beanrks by Abxbb CBBmnr Ooodbll, Jb., 00 the portraits of 
8ir William Pepperrell and Sir Peter Wanen, palnlsd hi 
commeBMMratkm of the capture of Loolsbnig 811 

MABOH MEETINO. 

Communkatlon by Dbbisob Boobbs Slaob, of an origfaud letter 

of Lord Lyndhnrst SIS 

Bemaiks by Bdwabd ChoFPiB Poribb, on Copley's plotnrs of ths 

death of Major Plerson . S14 



' * I 






TAMtM ov ooimm* 

hj EwMKt WnxiAMty OB tkt Owrltr Oik aad IIm Coa- 

MCtieot Charter Sll 

Baaarke bj Hsnnr Hnwnrr Edis S2D 

OoaonolaitkNi bj Samubl Lormiop TnomiDiKB, of ia ttrlj loi- 

ler of Wasblogtoo, hitherto anpoUished ft\ 

MeiBonuidQni bj CoiwrAUCi Cakt Hamummi fSl 

Bemailn bj Hiimr IIbmbbkt Eon SS$ 

GiMnMnlcfttkNi bj IltiiKr IIbmbbkt Eon* of en originel letter of 

llerthe Weehb^^ to General Knox eod hie leplj . • . Sii 
OoaoMniicatkNi from Aptlbtox Tmmu Clabs Gurrm, of a 

eopj of a part of Waehb^^'e MUHary Beeord hi 1778 . Sii 

n^er by Almbt Mattbsws, on Hired Han and Help • • • . SS5 

n^er bj JoBii N0BLB9 on SooM Maaeaehuaetti Torlee • . . • S57 

Benarfca bj Eowann Gnippm Ponnn S97 

Hinbere Eleoted •••••••••!••••••• 



APRIL UEETINO 

ConHnitlee to NoainaleOIBeen appointed f99 

C o initt ee lo Rxaarfne the TVeaearar'e Aeeonnte appobted • • • S09 

ABendnwnti to the Bj-Lawe adopted 800 

Text of the Bj-Lawe ae amended 800 

Ei bj the Fbbsidbict« In preeenting the Bepori of the Cooi- 
■ittee to eoneider the enbjeet of inertaaiaf the Fennanent 

Ftada 807 

Bepofft of the Co — itte e 807 

LtetofSnbeeribenloTheGonldHeaMNrlalFtad 808 

bj the PnssiDBiiTt in annooneing the death of Joaeph 

HemyAIIen 810 

Bemarbe bj Anc«nAU> Hcuut Howb 810 

bj HsBBT HmniBf Bnca ••••••••• 814 

bj AmiBBw McFablavd Datm* eonee ming the 
Lnad Bank of 1740, the Sihrer Bankt and the Eaaez Connty 

Land Bank 818 

BIB of the Bnez Connty Land Bank 817 

ly the nrnmoiTt hi eonin n i nl ea tin g a MUMHeripl aer- 

M of OilliB Mather, 1718 818 



V 

1» 






UA 



i 



lA- 



V' 
t L 






V ■ 

» 

V 
I 

'-'1 

« 
- J 



4^ 



ZABUB or OOBTBinEg. 



AnnonDoement hj Ammiw If cFablaxo Datii^ of the hieorporap 
tkm of The HarerhiU Hietorioai Soeiety and The Oimngi 

Hietorical and Antiqaarian Society 818 

Bemarice by Cbahlbs Sbdowick RackbmaxVi in ooamnnieating 
the Commiaeion of Brigadier-General Joeeph Dwight aa 
Judge Advocate daring the Siege of Lonieboigt and aletter 
of lira. Elisabeth Montagn to lira. Herpj Wanen • . . 81f 

Text of the Commiaeion • • • • • 880 

Text of the Letter 881 

Bemarica bj Hxvbt Hnnanr Edi8« in commwnicating a IM gf 

the Hanraid College Tbeeee of 1668 818 

Text of the Tbeeea 888 

Note on the nae at Harvard, before 1781« of letttfa at the end 
of the Dedication of the Commencement Fkognunmet the 
myeterloae lettera interpreted •••••••••• 884 

Bemarki by Joun NouLn • '••••• 886 

Bemarica bj Aaxsn CumrKT Goodha 889 

Bemarfcs bj HainiT WnxiAicf 889 

Bemaika bj Gnonon Ltmaii KirmBDon 889 

Exhibition bj Hxxsr HmnniT Ennt, of a nolqne eopj of larael 
Chann^e Almanac for I6689 and the original Third Writ 
of Quo Warranto against the Conneetient Charter and the 
Search Warrant for the apprehension in Conneetiettt of the 

Begiddee Goffe and Whallej 889 

Bemarka bj Bonnr Moxon Totpav • 840 

Members Elected * ^^ 

ANNUAL MEETING, NOVEMBEB, 1808. 

Annnal Addraes by the PusiDBXT ••••••••/• 841 

Beport of the CooncU 848 

Beport of the Treasnrer .858 

Beport of the Anditing Committee 884 

OOoers Elected 884 

InTitation to the American Historical Association to hoU its An* 

nnal Meeting te 1899 in Boston and Cambridge • • « • 888 

AnnnalDinner 888 

Memoir of Lererett Saltonstali, hj Josxre Hoooni Cboais • • 






XABLB or OOMTEim. 



DECEUBEB MEBUNO. 

€iiiiiiihiliun hj Hum A uh w ok t h PAnsE, MMernliif Ike 

QndMnaiidtlMdMugeof imtMdMtjbffoafblagAiartt^ 366 

B>«ir>e bj AnwEW McFablahd Datis 389 

Bemailn bj William Watsost 389 

B>«ir>e bj AnwEW CummwBAM Whislwbiobt . • • • 383 
OoaonoiefttiM hj Hbkbt HmniT EoBSy of mi oifglMl Aoooaoi 
of ScImmI Stock gi?M towards the naiataoaaee of a Graai- 
»ar School io Hartfoidy ConoecUcati bj tiM TnistoM mkUr 

the will of OoTcmor Edwmid Hopkins 383 

Beanrks bj William Waisom Ooovwni 383 

B sMi rks I^Cmablis FIckibimo Bowimcn 

€iwiiiihilhin hj BwMn HaBanrr Sdis, of as or^giaal letter 
flRMi HeaeUah Ueher to the CoBMBiMfcNieia for the United 
Ooloniea i i apeftin g Ua diaboiaeaMnls on aeeonni of the 
ynhiieatlon of EiotTa Indttan BlUe, and Uaher'e neeonni 
of hie tnanaial operattone hi eonneetion thwewilh . . . 

Fqisr ly Jom KonLB, on A Hne and G17 

413 

413 






km 









l^ 

/ 



r 






> 



'., 



LEST OF ILLUSTRATIONS. 



PoniBAiT or LiTinBR Saltoxstall • • 

PonnAiT or Dabww Eeastos Waeb 

POBTXAIT or WiLUAM ButHf BO88BLL 81 

FdnnuiT or Sm Wiluam PamnnBLL 33 

FAO-eooLB or tbb msr paoe or tbb onioiXAL Jooekal or 
TBB HASSAcncsms Hoosn or Dbtotibs ton tbb If at 
SitsiOB, 1649 113 

Faohumilb or tbb dbaoobt, ib tbb babdwbitibo or Gotbbbob 

JOBB EVDIOOTTf OT AM OBOBB rOB TUB nVAL MSrOSITiOB 

or TUB OBAKT or £200 to Joshua WtBranor iv rAYOB 

or JOHB WlXTHBOP TUB YOOBOBB* 1643 133 

Fao-similb or Dbpott-Fbbsidbbt Joob Datis*s Toabbsoitibo 
PkMWLAMAiiOB or 1681 163 

Fac-similb or a Two-sbilubo Bill or tbb Essbs Coobtt Labb 
Babb, 1741 316 

Fao-suulb or a oobtbmpobabt maxoscbipt List or tbb Hab- 
TABO CoLLBOB Tbbsbs or 1663 • • • • • 333 

Fao-similb or tbb Titlb-paob or tbb mciQOB oorr or Isbabl 
Cbaobot's Ai.BitBiO roB 1663 •••••• 34# 



im 



I 

I 









COUNCIL 



or 



die Colotitol fsocMt of 09(UMHi«<wKt(i. 



Elmiu si Notikbm, 190L 






l^J 






i 



■f 






* 

h. 
'} 



) ■. 



OBOBGB LTIUN KITTRBDOE» LL.D. 

WHXIAIf WATSON GOODWIN, D.CX. Cammums. 

^AMS8 BEAOLBT THATBB, LL.a Cammumb. 

HBNRT WINCHS8TSB CUNNINGUAIf, AA. . . • UMmoaanwau 

JOHN NOBU^ LU). .w..^. 

HSNBT HBRBBBT IDBS^ BtQ. Cambbimb. 

FRBDKBICK LBIflS OAT, Esq. •••;.••• 

SAHUBL LOTHBOP THORNDIKE; A.IC WBmm. 

Bbt. EDWARD HALB,A3. Ci 

ALBERT MATTHEWS^ A.B. • • • 






L 



RESIDENT MEMBERS, 



m THE OBDBR OF THEUt ENROLHEKT. 



♦Bimiiimi Amosr GoviOb LL.D^ ? JL8. 
^HflB. Jom LowBu« LL.D. 



HoBY P »»w f * Emh^ Btf. 
*<lom Obvibe I«cbb% Siq. 
^DiAStn ItoiMMi 8iAM» M.D. 
*Jaxb Bbamit Tbatbi, LL.D. 

Ambum HcFablavd Dath^ UL 

WmiAM Watmui, Ph.D. 

Hmr If ncBisTBE CvnruroHAii, A3. 

GmfUJVM knmvwL Hiltov, LLJI. 

HoBY Ebbbr WoODi^ Btf. 

Cbabus Sbbbwick RacebmabBi AJL 

Abbbb Cbbbbt Gooobu^ A.1L 

Gbobbb Wibblbswobtb, A.1L 

Bm. Fbabcm Cabot Lovbu^ A.S. 

Walbo Libooui, A.E. 

Eaxvbii Wbuj^ AJI. 

WnuAX WAitoB OooBfwnr, D.C.L. 
*HoB. Gbobbb 8iubbb Halb» A.1L 

^onniA lloviBOHBBT 8bab% A.S. 
•Bob. loBB FoBBSOfBB Abbbbw,UiJL 



HIbbbt Fabsbb Qmcr, ILD. 
•ffnuia GoBBov Wbu^ Ei§. 
Bbib Cabm Cbabblbb, LkB. 



JAXBi MniB FtaBCB, A JL 
Qun» MoBiBAfnu Qbsbb,M.D. 



*HoB. Fbavcis AxAtA Walkbb, LL.D. 
^BAXCif Ybbbbibs Balcb* LL.B. 

GioBOB Ltxav Kittbbdob* LL.D. 
HSbobbb IIabyiv Labb, LLJ>. 

Jambs Babe Axbi» LL.D. 

Hob. Obabueo W abbbb GufvoBBy AJL 

AoOVtTUf HlXBBWAT, A.B. 

Gabdiveb Mabtiv Labi, A.B. 

•ROBBBT NOXOB TOPTAB, A.!!. 
•EOWABB WlOOLBSWOBTflf ILD. 

Katbabibi. Paibb, A.M. 
Fbbbebick Lbwm Gat, Esq. 
lOBB KOBLB, LL.D. 

Saxvel LoniBOP Tiknutdikk, AJL 

•Hob. Fbbbebick Lothbop Ambi, A.B. 

•Hob. Pabwib Ebaotvo Wabb, A.1L 
Cbables Avof7fTvs Obasb, A.1L 
CflABUBs Fbabcw Cbqatb, A.1L 

•Fbabcis Pabkmab, LL.D. 

•Hob. 11 abtib Bbixxbb, A.B. 

CflABLtt PtCBBBIBO BOWBITCB, A.M. 

Hob. Gbobbb Fbbbbbkk WtiAuiMt AJI. 
If AUBB Cabot Batubo* A.B. 
Fbabk Bbbwbtbb, A.tf . 
•Smoobbbt Botlbb, LI1.B. 

BtABIBT CVBBIBOBAlIt A.B. 

•Hob. Jahbs Waixbb Avitib, A.1L 

Hob. Ricbabb Ounr, LL.D. 

Fbabob Hbbby Libooui, A.IL 

WiuuM Cbom W iiuAinoB, AJL 

Bambbl Bwbty Gbbbb* A.1L 
•Hob. W i&uax SBom Rbmbu* LLJ). 

FBABBUB CABTBBt LLJ^. 
•fliB» EOBBB WoMORt hLJK 



Hob. Johb Latbbop, AJL 
•Re? . Cbabim Cabboll EfBBBn, LL.D. 

Hob. Jaxbo Mabmob Babkbb« LL.D. 
•Re? . EowABB GBiniB Pobibb, AJL 
•Hob. William Cbowbibsuiblb Ebbi oon, 
LL.D. 

Gmbob LmooLB Goobalb, LL.D. 
•Rof . JooBPB Hbbby Allbb* P.D. 

Hob. Eowabb Fbabcis JoBBSOBt LL.B. 

Gbobob Fox Tockbb, Ph.D. 
•Gbobob Ons SuATTUcx, LL.B. 

EoMUBB Mabcb Wbbblwbioby, A3> 

WiLUAM TaOOABB PtPBB, Ph.D. 

Hbbby Dwiobt 8bbowick» A JB. 

BOBBBr TtLUBBBASf BaBSOB, LIfcB. 

Gbobob Nixob Blace, Etf. 

JoBV Babtlbtt, A.1L 

Patio Rice Wbitbby, A.1L 

Rot. Abybve Lawebbcb» D.D. 

EuoT Cbabbibb Clabeb« A.B. 

Cbablbs Hbbby Dath, A.B. 
•Ebwaeb Wiluam HooPEBt LL.P. 

Hbbby If albbibbb Taft, A.1L 

Hob. Johb Elmt Babiobb, LLJ>. 

Natbabibl Cosuibo Nasb, A.H. 

Rot. Hbbby Aibsvobtb Paekee« A.1L 
•JoHB Elbeibob Hobsob, LLJI. 

LiBOSAY 8wvTtA3. 

Cbablbs Fbabe Masob, A.B. 

Applbtob Pebbtus Clabe GEimB, Etf. 

BiCBAEB MiBM.BnofYiBAiamisTiU< A B 

Albbbx Maytbews. A.B. 

ABBBEW CVBBIBBaAM Wl 



XTU 



Cbablbs Abmstbobb 8bov» A3. 

TuoMAS MiBBSy Esq. 

Cbablbs Godbaed WblBiILD. 

Ebwaeb Appubiqb Babbs* A.B. 

Wiluam Cooubob Labb* AJI. 

LoBis Cabot, A.B. 

Hob. WnuAM Cvsbibb Waiy, A.1L 

Hob. Jbebmub Smitb, LL.D. 

JoBB Elioy Tbaybe, A.B. 
•Auoosrus LowBLL» AJL 

Dbbisob Roobbs Slabs, Eiq. 
•Jambs Bbaostbbby Gebebooob, A3. 

Cbablbs Kbowlbi Boltob, A3. 

Jambs Lymab Wbiybby, A.1L 

Abtbbe Tbbooobb Lymab, A.1L 

Febbbbio Haibbs Cobyiss, Esq. 

WOBYBIBOTOB CbaOBCEY FOBBb Elf. 
/aMBS FoEB RBOBBSf LL.D. 

Rot. Ebwaeb Hbbby Hall, D J>. . 

JOBB GOEBAM PaLIBBY, LLJI. 

Rot. Ebwaeb Halb, A3. 
Hbbby Lbb Hiobibsob, LL.D. 
•Cbablbs Gebbly Loeibo, AJL 
Epbeaim Embbyom, Ph.D. 
Ebwaeb Cbablbs Pickbeibb, LLJ>. 
Abybve Ricbmobb Mabsb, A.B. 
Gbobbb Vasmbe Lbteebtt, A.1L 
Hob. Jambs Mabmob IfoBioB, LL.D. 
Jambs Atkibs Noyes, A.B. 
Hob. Mabcus Pbeeib Ebowmob, LLJ>. 
Rot. Jambs Haeby Ropbs, AJL 
Rot. Mobyob Dbbtbb, AJL 
Feavch ArraoBr VoBiBB,Eit* 
Bob. FkABOM WnusM BBBBb AJL 



iMiq 



h 









p: 



MEMBERS DECEASED. 



HONORART MEMBERS. 



W] 



fmuoL, LLJ>. 
hUD. 



Hov. Jimn Cooumi Gaktbi* LL.D. 
8iiio» Kbwoomi^ D.CJi^ r.R.8. 
Samvil FuBTon Lavcut, D.CX^FJL& 



CORRESPONDING MEMBERS. 



WnuAwnit Lm J>. 

lOBV FkAVKUV /AXiaCMI, LIa.D. 

Hn. Sunov Em Baiavib, LkD. 
lamMMB Bamsjnom Holmui» LkD. 

^HlBlUf BtlfBE ABkWB, LLJ>. 

Bm. IfaNuci Da?ii» LLJ). 
WoKuwci S4]in, AJl 
Btf • Wiuua Jbwbti Tvckbb, LU). 
Bob. JoMiVA Lawupcb Cmambbbuo^ 

IL.D. 
fuMwuf BovMiea Dnm, Lm.D. 
Bob. Jaxb Bbbbiu A«bbu% LL.D. 
Bbt. Obbbbb Pabk Fmna* LL.D. 



UiJ>. 



Eiim 



•Hob. Jobv HowIiAbb RicEBnoirt AJL 
Davibl Coit Giuiav, LL.D. 
Fbbbbbicb Jaceiob Tobveb, PkD. 

Bmt. WiUIAH RbBB HoBTIVBTOVt DJ>. 

OioBBB Pabkbb Wnntff A.1L 

WobooR GiBM, LL.D. 

Hob. Jamm Pbivbbt Baxtm, A.IL 

Abtbvb Tvibibb HiBunr, LL.D. 

Hob. Jonb Cbabbub Babcbott Datml 

LL.D. 
•MotBt Coit TfUB, LkD. 

JoBV 8baw BiuniB^ D.OX. 

Hobaob Hovabb TvBviis, LL.D. 

Gob. Jotsra Ifm&Bi, U. 8. A. 
^MmuoM tuMtaa Bufwm, hJEJ>. 



I 



t 






«V vlW^V^V l^W^ M9^^9 wB^^B ^^^^^P B^^B ^^^^i^^^mmW99 ^^ B^M ^P» Wl^^^BBOB^ V^W^^^^P 

Ww M ^bJWWI^bI^^BPj ^^HA bMw M^^H9 ^m 4^^^BWb 

BfiftfBtt 

Rot. Edwabd GRifPiir Pobtbb, A.M. ... 5 FebroBTj, 1900. 

Hon. WiLUAM Ca o w wmm BLB EicDioofT, LL.IX 6 Mbj« 1900. 

Edwabd WhsblwhiohTv A.M 9 Mbj* 1000. 

Atovbtds Lowell, A.H ft Jane, 1000. 

Jonx Elbbidob HuDSOWt LL.B 1 Ooloborv 1900. 

Rot. Charlbs Cabboll Etkbbtt, LL.D. . • 10 Oetolwr« 1000. 

Hon. Roobb Woloott, LL.D SI DoceailMr, 1900. 

HsBBT WiLUAm, A3. ft MBTcht 1901. 

Robbbt Noxob Toppab, A.M 10 Mbj, 1901. 

Edwabd Wiluam Hoopbr, LL.D 95 JaBB« 1901. 

Jouif Chbstbr InciixiY E«i SO BoptBrnbor, 1901. 

Jambs BBADorBBsr Gbbbbouoh, A.B. • • . 11 Oetober* 1901. 

Jambs Bbadlbt TAatbBi LL.D U FebruBiyt 1909. 

CiUBLn Gbbbit Losnot A.M 18 ABfBBl» 1901 

|>tMrtit* 

Hob. Edwabd Jon F&blts, LL.D 9 Ifofcbt 1900. 

Comfpraitef* 

Hob. Jobm Howlaitd RioueisoBv A.!!. • • • 90 Jalj, 1900. 

Hosbs Coit Ttuk, LL.D 98 I>ooBMbir» 1900. 

Hbbbbbt BAzm Adams, LL.D 80 Jb^, 1901. 

FrfffftTPTT Fbaixub BfBfBMB, LAI^ • • • I MBiBkf 1909» 



tm 



ix n 



TRANSACTIONS 



1897. 1898 



^ 
f i 









i 



f 



; v'l 



(, 



i ' 






TRANSACTIONS 



THE COLONIAL SOdETT OF MASSACHUSETTS. 



'*^ 



ANNUAL HEETINO, NOVElfBER, 189T. 

n^HE AimuAL Mebtdto was held at the Algonquin Clnb^ 
^ No. 217 Commonwealth Avenue, Boston, on Mondaji 
22 November, 1897, at half-past five o*clock in the after- 
noon, the President, Eowabd Whxblwbioht, in the ohair. 
After the Records of the last Stated Meeting had been 
read and approved, the Prisiosht addressed the Society as 
follows : — 






.s 



f ■ 

I* 
\ 



\i 



''Z 






'.V 

'r 



Omii^tetMti of Tk$ CotonUU 8aMy of Ma$muku»iU$^ 

I have the honor to welcome you to the Fifth Annual Meeting 
of the Society and to congratulate you upon iti continued activity 
and prosperity, as shown in the Beporti of the Council and of die 
Treasurer. 

Tet in one respect the past year has been coe of severs triaL 
We have lest by death no less than seven of our memben, in* 
eluding the ripe scholar, eminent man of science, courteous gen* 
tleman, whose place, as your President, I now occupy, but 
cannot hope to filL Of these seven deaths three have taken 
place during the summer recess, namely, those of the Hon. John 
Lowell, Prof esMT Geotge Martin Lane, and die Hon. Oeetge 
Silsbee Hale- 
It hss been customary at the next Meeting after the decease oC 
a member to give an opportunity to those desiriqg to do so la 

1 






THB OOI/XXIAL flOOIETT Of XAflBAOHUSBTTS. 



[KOT. 



pij tribote to hiM memory^ in aatieipatioii of tbe fomul Memoir. 
la tlie case of the three gentlemen named there has been no meeting 
ol the Societyt ainee their deeeaae, until now. The preeanre of 
the naoal rootiae boaineaa at the Annual Meeting will not allow 
time for extended remarka, bat I shall ask yonr permission to saj 
a few words of eadi of them, leaving it to others to speak more at 
length at the Meeting in December. 

The Hon. Joim Lowell, LL.D., died 14 Maj, 1897. Bom in 
Boston, 14 October, 1824, he graduated at Harvard CoU^ in 1848. 
As his contsn^KMnrf in College, though not in his Class bat in the 
one next below it, I had the pleasure of knowing him somewhat 
iatimaldy in our undeigraduate dajs. He had already those 
charming tnits of character which made him, through life, beloved 
as well as honored bj all who knew him. At my initiation into 
the Hasty Pudding Club he was one of the chief acton in the 
c er emo ny , which was marked by some comical deviations from 
the usual couise of prooeedings. It was to me a pleasing coinci- 
dence that it was he who presided at the Meeting of this Society 
at which I was inducted into the office of President There was 
nodiing comical about the latter ceremony, unless it were the 
dioiee of candidate for the honor, and for that Judge Lowell 
was laigdy responsible, since he presided at the meeting of the 
Council at which the aelection was made. 

It is needless to recapitulate here and now all the steps of Judge 
Lewell*s career as u lawyer and a magistcate. It will be sufficient 
to remind you that from 1865 to 1884, a period of nineteen yean, 
he held consecutively the positions of Judge of the United States 
District Court of Massachusetts and of the United States Circuit 
Court for the lint circuit, offices to which his great-grandfather, 
also named John Lowell, had been consecutively appointed by 
Presidents Washington and John Adams. It was well stated in 
tiie printed r^ort of a Dinner given to him on his resignation 
of the hstmmed position, in 1884^ that ""during the nearly 
twenty yean in which he had been on tiie Bench, his decisions 
had acquired for him a national reputation and {daced him in the 
front rank of A m erican jurists.** 

Jwdgb Lowers connoetion with tiiis Society dates from its veiy 
b egi i min g. He was one of its Founden, his name being the second 
hilhs list of memten In Ihs Act of ImHwpoiation, AttiieMeet- 



'.5 



J 






1807.] 



»!«**»»» vr THB nmOHBRt 






^vj 






I' • 



t' '1 

■>'■ ..'1 



^ 



ing for <nganizati<m,. 27 December, 1892, he was chosen one of Ot 
two Vice-Presidents of the Society and he continued to hold Ot 
office until his death. He was a frequent and interested attendant 
at our Meetings. At the Fefaruaiy Meeting, 1896, he paid a 
tribute to the memoiy of our late associate Daniel Demson Slade, 
and at the Meeting in January, 1897, he performed a similar office 
for General Francis A. Walker. He had also received and 
accepted an appointment to write the Memoir of the late Hon. 
Leveiett Saltonstall, which, unf (vtunately, remained unwritten at 
hisdeatii. 

Gbobob Mabtin Lahb, LL.D., died 80 June, 1897. He is 
best known as Professor of the Latin Language and Litemturo in 
Harvaid College, having held that position from 1851 to 1894, 
when, on Ids resignation, after forty-three yean of service, he was 
made Professor Emeritus. In 1898 he was elected a Resid«it 
Member of Tbe Colonial Society, at the Februaiy Meeting, 

My penonal acquaintance with Professor Lane was very slight 
Tean ago I had some correspondence with him in relation to 
the Latin inscription for the window placed by the Class of 
1844 in Memorial Hall at Cambridge. His replies, giving the 
desired criticism and assistance, were as remarkable for tiieir 
kindness and courtesy as for thdr technical knowledge and good 
taste. 

The Hon. Oeobob Silbdeb Halb died 27 July, 1897. He 
was my classmate in college, but I did not know him very inti- 
mately in our undergmduate days. After graduati^m, since he 
was Chairman of the Class Committee and I was Class Secretary, 
we were constantly associated in Class matten, and I came to 
know and appreciate thoroughly some aspects, at least, of his 
many-sided and admirable character. He, with his wife, and, 
at fint, some othen of tlie Class, was in tbe habit of making 
me a visit of some days, yeariy, at my eountiy residenee in 
Cohasset. The last of these visits was made by Mr. and Mrs. 
Hale, alone, a little more dum a month before his death. I had 
never seen him in apparently better health, or in better spirits, 
or more genial and entertaining in oonverMtion. I was at die 
time revising a paper I had written to be read before this Society. 
He went over it veiy carefully, pointing out some enofs and 
giving most valuable advice and iniotmatioQ in regard to 



A : 






OOCAKIAL 0OOBTr OV MABBAOimMrfl. 



[VOT. 



1^ qiMtlioiit ttMl wm isTolTed in my namtiTe. On tiia 
■iaeleeiiUi ol Jvm» we attended tte nmting of llie Bw etUed 
to homor Ike iMMrjr ol the kte Jn^ge LowoU, little thinking, 
of «, thm niriiidkr meeting woaM ehoftljr be held in hie 



Mr. Hale, ae a kwyer, attafaied dittinotion and enooeee. But 
the L«ir ooenpied oolj n peril and not the laigeei parii of hie hoajr 
and neefni life. He held important offioee in nnmerooe pdfalio 
InetitatioM and waa an aotiTe member of Tariona hietofical, eden- 
lille» diaiitafale, aooaal, and politieal aeeociatione. An enthneiaetie 
ndrocale of ererjr eanee tiiat oommended itwlf to hie Judgment, 
he waa eonetmtlj ealled npon to apeak and often to preeide at 
pnblie meetingi. 

Oneof theeleigjmenwfaoofliciatedatMr. Hale*afaneml— the 
paetor of hia yoath — aaid of him, **If erer a yoong man had 
puity and aapiration written npon hie Imo, it waa he."* It maj 
he added ttial thai purity waa nerer aullied, thai ae^nnition waa 
ne?er quenched. He li?ed a Uaawleae life and waa oonetuitlj 
eeaiehing for aome good tiling to do— and then doing it with 
all hie might Ner were hie good worfca confined to thoee done 
•e agent for, er in eotfpeiation wiO, the Tarioue inetitutione or 
eodetiee with which he waa oomiected. He gaTO freely of hia 

time, hia qrmpa% and hie legal knowledge -- often more TaluaUe 
than mere monejr— to the friendleee and dietreeeed, eepeeiallj to 
endi of hia CoDege daeematee or townemen ae were in need of 



Mr. Hale waa elected a Reeident Member of thia Sooietjr at ite 
Int Stated Meeting, 18 Januaiy, 1898; waa one of the epcaken at 
the Annual Dinner, 21 Norember, 1894; paid a tribute to Lereiett 
Salionetall at the April Meetii^ 1896, and at the eame meeting 
moved a Beaolution, which waa unanimouely adopted, ezpreeeing 
the 8ociet)r*e diofou{^ i^ipreoiation of 8altonatall*e hij^ qualitiea. 
At the Februaij Meeting, 1898, he paid tributea to Martin Brim- 
meiV end to hie frimd and daeemate Dr. Skde. He alee wrote 
lorlhe Society a Memoir of Mr. Brimmer. 

The writing of die Memoir of Miw Hak haa been aerigned to 
Mi; AnhOald Mun^ Howe. 



i"i 



'■ 









^ V 



: 



!:< 






M ^ 



. ^ 



», 



1«7.] 



auwioun akd supbdcb ouuht BBOOfUML 



At the doae of the Preaident*a Addreaa Mr. Jomr Noblb 
announoed thni he had in preparation a paper reepeoiing 
the military movementa and ezpeditiona undertaken 1^ the 
nrorinoe during the French Ware. He then read portioim 
<rf the following paper : — 

THE BE00BD6 AND FILES OF THE 8UPEEI0UB OOUST OF 
JUDICATURE, AMD OF THE 8UFBEME JUDICIAL COURT,— 
THEIR mSTORT Aim PLACES OF DEPOSIT. 

Since the paper entitled The Eariy Court Filea of Suffolk 
Countjr waa communicated to the Sooiety,^ I have found among 
the papere upon the Filee of the Supreme Judicial Courts in a 
caee determined in 1791, a rather curioua document, which throwa 
an intereeting light upon the hietoiy and fortunce of the original 
fllea and papere of the Courta in their eariy days, and which eug- 
geete one explanation, at leaet, among othen, and one out of many 
caueee, of the condition in 'iriiich they were found, iriien the work 
of arrangement and reetoiation waa begun, in 1888. 

While the original Reoorde — that ia, what are common^ called 
the Court Recorde of the three euccemive higheet Courte of die 
Colony, the Prorinoe, and the Commonwealth, ae ccntemporane* 
ouely made up from the pleadinga and other papen in Urn 
eeyeral caece, and recorded at length in a long eeriee of Tolumee 
deaignated ae Court Reoorde — are eubetantialiy full and oomplete 
from 1678 to the preeent day, with eertain gape hereinafter referred 
to, the original papen themeelTea, in the caeee during the earlier 
part of the period, are not to be found on the regular filea or are 
found only to a partial extent and in a more or bee imperfect 
condition* 

No regular filee of papers, which haTO preeenred intact tiwir 
original file arrangement, are to be found earlier than thoee of 
1780; and the papen for tiie next twenty yean are more or bee 
broken and incomplete. But in the oourae of arranging the quai^ 
ter million of miacellaneoue papen deacribed in my prerioua com* 
municaticn, teiy large numbere, ae there etated, of theee mieeing 
originala were found, and identified with their reepeotiTe 

» la Jenaaiy, WT, Fibiimftioa^ UL eXT-IM. 



t 

I" ■:^ 



i \ 



I 



owiwiAii woeart ov MAasAOHUBsm. 



QTOT. 



TheM w«re bvooglit together from tfaeir eeettered ooof osion and 
diMfdei; end indexed fo as to be leedilj re&ned to; end the 
ilee ol the eeilier yeei«» thne dieooreied end leetorad, were made 
mofo or leee complete. 

The document jaet diecorered is Taloable ae well ae cmioue 
for the reaione fint etated. It tende alao to eonfirm eome con- 
elosioDO adTanced in that communication, ae well ae to eetaUiah, 
aahetantiallj, die tmth of eome ToneraMe trkUtione. It contains 
two Certaficatoe of the Gierke of the Supreme Judicial Court 
giren in 1781t only fiTO jrearo after die eyent to which thqr 
re£Br««— the Siege of Boston, — of which both Clerks must have 
been eye-witneesee. These bring positive testimony to bear upon 
what was before a mere matter of conjecture or vague trkUtion. 
Thqr thow directly fdiat injuries the Records sufferod at that 
time, injuriee mueh groaler thaii'hae generally been supposed, and 
wUeh no attempt had been made to repair when these Certifleates 
were written; in fMt, this confusion and disorder continued to a 
greater or less extent for a hundred years* 

The traditaon kid the ecene in the Old Sopth Meeting House, 
bat it ie now shown to have been in the Old State House* 

The intereet of tbeee two Certiflcatee lice more in the explana- 
tfam given of the fntilitjr of any eearoh and in the statement of 
txisU n g eonditkns, than in the result and its bearing on the case 
in hand,—- another instance of the many where the meet important 
and vahiaUe histaqr ii that which ie to be read between die lines. 
They ran as foUowat — 



BoelonJalyftt 1781. 

TUs Is to eertiiy Ihel I have made the most dttlgent Seaich for a 
Writ of F^das habm rtossemJoaesi Imoed May IS: 1745 In favor oC 
the Piroprielofe of the eoBBioa Leads fai the Town of Haveriilll agahist 
Bsajiaria Barker of Aadoirer, bat have not been able to flad It. 
me else ewtttse that the dd ilse of the Offloe were so scattered 
the 8%e of Boston, that it woaM lequlre araeh tiaM to collect 
mi an atlemvl to inl a sh^ Fipsr woold hi all FfeobabiUty bs 
invisln. 



i) 



I 'I 



!' 






•i 
■ ^ 



V 

:;■« 



. 






i 



:; 






, ; 



>■• 






.\ 



laer.] 



nnrauouB amd aupma ooun nnnoipeL 



n. 



This may certify that I have ezamioed the Files and Pftpen la the 
Clerks offloe of the Supreme JodioUi Court la order to tod the wltbla 
mentioood Writ of Habere Facias * caonot find the same. I also 
Certify that there are but a very few Papers hi said oflloe prevloas to 
the year A. D. 1766. Those Papers * Files bekwglng to said dBoe 
before that time (& eome eioce) are chiefly es I apprehend la ooe of 
the Cocli-Lofts over said oflloe where said Files are all separated 4 
eeattered abroad on the Flonr^opon which It Is said, the Soldiers Uy 
la the Ume of the Siege of Boeton->that It would be ahnoet hnpoeeiUe 
to flad a Shigle P^Mr without searehlag and lockiog over the whole. 
Sept S0*^ 1781* Attest Cba* Cusnmo, CUrk.^ 



The missing paper referred to in the Certificates was die final 
process in a sharp litigation between the Proprieton of the Com* 
men Lands in Haverhill and Benjamin Barker of Andover, over a 
tract of eixty acres lying in the town of Methuen, cmce a part of 
HaverhilL It began in the Inferiour Court of Common Pleas, in 
July, 1740, in a plea of ejectment brought by the Proprietors. 
Reserved on a plea in abatement it went to the Superiour Court 
of Judicature for Essex, November, 1740, upon the appeal of the 
plaintiffs, where the defendant prevailed and the writ was abated.* 
Starting again in the Inferiour Court, in March, 1741, it was 
appealed by the pUintiffe to the Superiour Court, Hay, 1741, 
where the verdict was for the appellee and the judgment eon* 
firmed.* Defeated agabi, but not disoouraged, the pfaibtifli 
brought a review in the same Court in Hay, 1748, with a like 
result* At this hearing the defendant was represented by the 
celebrated lawyer William Bolkn, the eon-in-kw of Oov. Shirley. 
Under an enabling Act of the Oenend Court, S5 June, 17^ 
the Proprieton brought another review in the Superiour Court in 
November, 1742, iriiere, at the Hay Term, 1748, they at length 
came off victorious and judgment was entered in their favor.* 

1 Soflbft Oouri Film (Bmz), No. 111,941 

• Reoordt of Um Svperloar Coart el Jadkatn% 1740-1748, zlv. IL 

• lud. 1740-1740, XT. ee. 

« Hid. 1740-1743, 3dv. 900. 

• The Reoordt lor this Tena ne loit,— probably thqriMfe eeoiaaMd la the 
FIra of 1747,— bat Um JadgHMnt Md Beeoid witheoaM el the eth« r^Vmiaro 
la Saloik Coart FllMb eeohdL i7/M(k 



ooff/>inAT» tooonr ov ynw A OHuagrig , 



[VOT. 



The cfeCe&dMit, fludied with fire Tietoriet to ofbet thk defeati 
WM not indinad to jidd* and in hit torn obtained an enabling 
Aot, 16 Septembeiv 1748, > which *" yacated and annuUed "* the pro- 
none jodgment, and vnder which a renew was enteied in the 
Snpeiiow Gooit, Norember, 1748. The reccid in fliii caae aete 
Mt in fnli all the aiiooeniTe atagee of this legal battle. Under a 
Bole of Gooit, with a Tiew, appaiently, to cloee a litigation tiiat 
me mft i ahnoat endkH, the caae was leferred to a boaid of arbi* 
liBton, whose award was to be final. At the next Term, May, 
17H ^ btoo^t in thei» Report in fiTor of the Pnyprietoia. 
Judgment for posseadon was aceoidingly entered, and this eze- 
esticMi imued 18 May, 174S^ as minnted in the margin of the 

Among the Snffdk Court Filee there are some toty papen 
b el on ging to tUa case in its snecessive st^es. In one gionp, only 
three papers remain oat of eighty-five which the endorsement of 
the wn^iper ahows to have been once in existence. Some of these 
papen are especially Taloable, ainoe they hugely anpply the miss- 
ing Record refaired to.* 

The two Certifioataa are found among the FHea in the Case of 
William Bodwell simLw. Jonathan Barker, tried at the Norember 
Teim (Essex), 1701. The suit is for the possession of some one 
hondred acres of land in Methnen, apparently closely related to 
die tract inTolved in the eariier litigation. It began in a plea of 
ejectment in the Inferioor Coort of Common PIom, April, 1791, 
broos^t by Barimr, in which the defendants prevailed. Barker 
then appealed to the Siqmme Jndidal Court at the June Term, 
119U where jodgmsBt was rendered in his favor, and an execution 
Eiak Ac Asa issued 6 September, 1791.« The defendants then 
broiq^t a review tried at the next November Term, iriiere judg^ 
resnt was agafai entered for Barker and executioii issued 16 



CmtiWUm, 

ollhs 



87,811 



Os«t Files, eeeittv. 6%4eo 
« «esdls.SMn 

« eedilL Sfl^tSI 

« eeriatt. ajM 

sC the SifseBw Juikid Ce««» J«M^ mi, sttL 118. 



Vtb 



1741-1717, zvL 71. 

CovtFOiibeMlKflL S7348 

" eeelzsv. 6S,e8S 

« .ii...i»«tti C1409 



\i 



,i 



t \ 



^. 



t. ^ 



; 
1 



,, 



■ 






r. 



.'t 



. '^-^ 



"a 



: 



1 









1SS7.] SUPIEIOUB Am BUPBam COUBS MPOOaPU. 8 

November, 1791.1 This Hie consists of twenty-eight papen, 
containing among others the original writ of review 14 September, 
1791, the pleadinga, the record in the Court of Coomum Pleas, 
and on the appeal, with various copies of old deeds, depositianSf 
the will of Benjamin Barker, the litigant of half a centuiy before, 
who was the grandfather of this plaintiff, with various other 
documents, some of them, like the Certificates, bearing the date 
of 1781, and otheis the later date of 1791. What was the stsge of 
the controversy at the earlier date does not appear. The miming 
execution of 1745, then undiscoveraUe, seems never to have been 
aubsequently found. It is a curious cireumstance that an s/ias 
execution, referring to the original one, and dated within aixty 
days, 2 July, 1745, bearing the endoreements of the delivery cl 
possession l^ the Deputy Sheriff, 6 July, 1745, and the receipt oC 
possession l^ a Committee of the Proprietora, 6 July, 1745, 
together with the moderate costs awarded them, in full aatisfso* 
tion, is now among the Filea.* That the original of auch an 
execution should have been returned unsatiafied seems a little 
atrange, and this, coupled with the eariy issue of an a/tas, may be 
acme indication that the missing original— a searoh for which, 
in 1781, would have been so difficult, according to the Certificates, 
— was in some way lost shortly after its issue. At all events, the 
existence of this iUia$ would seem to have been unknown wh«i 
the Certificates were given, and at the time of the trial, and to 
have come to light a hundred yean later in the ovdhauUng and 
arrangement of these old papers. 

These Certificatea bear the namea of the two Clerka of the 
Supreme Judicial Court at that time. Both had been Clerka of 
its predecessor, the Superiour Court of Judicature, Charies Cuah« 
ing*a name first appearing on its Records in October, 1778, thouf^ 
there is no record of his appointment. Andrew Henshaw had 
been awom 17 Februaiy, 1778.* Upoii the oiganisation of Ot 
Siqmme Judicial Court, he was appointed Ckric, 90 Febmaij, 



> Bseotdi of the flopMM Jadleial Court, VofMber, mi, sttL IlL 

• Soflblk Govt FUei, oeelzzziiL Sl^M. 

* <* Aad now llr. Andrew Homhaw brinf piseeat la Coart, Is sppohiteA , <^, 
CMLofaaidComtaadbeis eworn •eeordingljr.'* ( B seo r Ji of the Sa p rtet 
Coart of Jadiflstan^ mM77% zssiiL Sll) 






10 



ooumAL aooBTT or massaohubettb. 



[VOT. 



nn,! and ImU 1li6 oOee tm his death in 1788. Charlat Cuahing 
was appointed at the aame Tenn.* The euetom of haring two 
Gfefb witbeqoal anthorifymna baek to the days of Judge Sewall, 
who enten In his diaiys ^'Feb. 2o, 1718-19, the Jndgee meet in 
the Conncil CSiainber, befoie the meeting of. the CoonciL • • • 
Thefe» in the Cloeeti Toted it eonvenient to have two Clerio."** 
Samnel Tjlejr and Benjamin Rolfe were awom into ofliee the 
■est dajt ai appean bjr the Reoords of the Coort^ 

* TIm CoBBMawMMi of IIa«acfa«t0tte 



AI the SvffMM Jadleial Coaii» of Um ComnionwcalUi of Ifma- 
i l iMi H i , big— Md heli at Dottou, withia and lor Ito Coaatj of 
8aMlE« oa Um ihM Tbewlay of Fobrwiy (bda§ tU M* di^ of 
Mid MMrth) AaM ItooOal 17ai. 

And aov CoaadHioao maim Um tool of Um ComnonwoalUi, oppohitiBg 
WDIiaai CaihhH^ Btql? Chief Jwtko, md KothaiiSel Ftetleo Sorgeoiiti DaTid 
Sowall aad JaoiM SdliTta Btq? Jotlieeo of tho SvprooM Jndieial Coart of 

PHO load aad pablished la Co«irt» aad Um Coart tbert* 
M! Aadfow Haithsw, Ckrk of Um lata Svporiovr Coart of 
te. la to auk of the mid SanoaM Jadieial Covrt 



1^ tto Hoa*!* William Cotniro, 

CkitfJmHm 

Datio 8BWALL, aod 

la&ial Coart, 1781-178i, 1 1.) 
t Tkg omI date doM aol aoDoar. bal tto luiiiiiaiBMiat Si ia tto CoHowiiiff 



(locardief tto 



CtoriM Cvhiaf B^^ It ip po ia tod a Clork of tto Bapttaw 
JadMil Coari la tto looai of Mr. Olifir ftobo^j wto too iwigBod, aad to 
b awoffm aoeofdisflj.* 

Ttoa foUowi tto flloolaf paragropli of tto Beeoid of tUt Tona — a4{oarBlnf 
Ito Coart— wldeh is dated eilaioK 1781. (Mi. III.) 

• itwalTi Diaij, Hi. S18. 

^ Te Samail Tftf^ JaaF k Beajaaia Bolle GoatP* 

Wtonai joa aia ep po ia ted Clerto of tto S e perio a r Coart of Jadieitare 
Oaarl of AiriM aad Goaeral Goal VtHintj within thie Ftorlneo with full 
powor te Aet Jdjat^ or Boferalfy. Toa Swear bj tto EToriirlng God tha 
jaa wlB wel k tra|f Gruil all Write Warrante aad Eioeatioiia» not detejw 
That jaa wiB BMto tn» Batryi aad kaep loir Beeo r de of tto 
md irithtellv k ttMfy keep afl Boofa ttee aad p op o n 
te jear aanu And OmMallf jfaa ihifl dml Mrioaihr faJthfaUr 



1B»7.] 



■UPBBIOUB AMD tUPSBO OOCBI BiflfliBW. 



U 



A 



'; ■* 



I. 



t". > 



I 



'' 



? 
if 



1 



1 » 



". ■ 

r 1 



■ I"! 



There woold leem from the Beoorda to haTO been mora than two 
Cleika aometimea in offioe« aa, apparantlj, the appointmen te oooa- 
aionally overlap. The Coorta had the power of appointmenti 
and the ezigenoiea of the aenrioe not infreqoentlj reqnired At 

and Impartially in all thiagi prap«r te joar oOoe and ihaU woQ aad tn^f 

Exeeate tto eamo withont an/ Siaietor reapeete of ia?oar or di e p ieae ai a 

taking no ottor thaa lawfal Foei. 8o help joa God. 

Samvbl Ttlit Joa^ 

Baxj* BoLVS 
Coaaeil ChaaUier te Boetoa 

Niraaiy Mf^ 17ia 

Signed l(8worBa Cor t Noble 

Sam"* Sbwall 

Buuf Ltkdb 

ADDnfOToa D A v aa fo a t 

Paul Dvdlbt 

Edm? Qm aoar . 

Eatred k Exaadaed 

^ SAMvaL Ttlbt QiT^ 

BaajAMor Boltb Cftt. 

(Boeorde of tto Soperioar Coart of JadieatafOt m5-1731, ir. L) 

Pkorione te 1718 tto Clerfce of thie Coort had beea, eaeeeeelTe^t— 

(1) JoxATHAv ELATfoa, appointed 90 Deeeadier, 1682. (Coaaeil Eeeordi^ 

ii., 211.) 

(2) ADDoroTOV DATaaroar, ^ipoinled 7 Noraoibort 160S. 

Upon tto motion of Jonathan Elateon Clerto of tto Coart te to dieehargod 
of hie Oflloe being bj eome important Affairee of Ue owne obliged te tato a 
Yojage te tto Weat ludiee, and therenpon praying a Clerto nuy to appoiated 
te reoeiro tto reooide of thie Court. ^ 

Tto Court do appoint M! Addington Dafanport te to Clerto of tto Se- 
perioar Coart» aad that to to aooordingly Swome. Tto e* Addingtoa Dafoa* 
port wae aooordingly Swome tto Sofoath day of Kofoaibl llOfl^ te whieh 
day tto Court wae adyoamed. 

Tto Coart do Older tto e9 Jonathan Elateoa te deUfer ap all tto BoeorJe 

te hie Caetody ante tto ef Addtegton Oafanpoft to giWag hiai a reoaipl lor 

tto eaaia wtofoapon to le dieohaigad. 

Atteet Joaf Elaimm^ Cht 

(Booorde of tto Sopertear Coart of Jadieatai% ie22-iaM^ L 221) 
(I) EuoBA Cooaa Jr. 

Mr Elieto Cooto wae admitted aad awania Ctok of tto Saperlear Caart 
ef tUeFratriaeat 

Bwoma toforn Me Sai^ StwaO, one of tto Jaitiem of a* Comlattto 



IS 



THB OQLQMIAL SOODBTr OV XASflACHUBETTS. 



pfOT. 



appointment of tpoeial Clerki. A question arose at the time of 
Ike le^emngement of the Jnstioes, 8 Blaj, 1776, m to the exercise 
of the power of appointment out of Term time, when Samuel 
Windirop was appointed Cleric, wliioh required the inteipositaoa 
of special Isgislatkm. Doe antboritjr was given 10 Hay, and the 
wiiole pfooeeding is set out npon the Reoords of the Coort> 



andfai the prawMe of Elidia Cooke Btqf bit Falhor Annoq. Donini 
ISSa. (BeoocdtoftlMSiiperioerCoiiitof Jadieaare,ie9e*170a»iLlSe.) 

Cooko't ifipoiDtiBMit was Mbtetiiwn^j eootinied m will bo oeoa bj lbs 
ioOewfaq^ exiiaol fioB lbs Coot Booordt : — 

IfidAaMS «: Cbsileilowa Jsn7 S8!M71«. 

Tbo Coarl bdag o p wait Tbe Jsdgeo beiiif ell praMot md their Beiipoo> 
Urn Cnm k d tm pabikbed tbej woie plMOod to Contimie k Appoint Elkba 
Ooobo loqerio bo Ohffk of tbo osU Covrft lo wbieb OOeo bo woo Swora 



Attoii; P. DoMJCT illC OmA 
(Eoeoidi of lbs Si^iriov Govt of Jadioslan^ ir. las.) 

* la GoBonl CowmU Ifi^ S^ 177S. 

Ib4v«4 Tbal lbs JafOeao ef lbs Saporioar Coart of Jadiestm ae. bo Ar. 
~ fai lbs MIsviBf aMaaw fb. 

HoaM> Jomr Adams, E$q. 
W? Cuoanio, JEif. 
Jambs Wasrsv, E§f, 

JbD" FoOTBByfi^ 

Jambs Sulutam, JEif . 
Conr iMSi Ihs Ifbnits 

JoMir LowBLL Zjpr s^ p.T, 

la Ibo Hoaio of BopsMOBlstifoo lis/ W^ 177«. 

lay srito sboatlbs sp pu iata i out of s Clork of lbs 
Osartof JadieabneOoartof Aariss sad Goaoral Gosl DeUfSi/oBi 

Ibsl lbs JafOeas of amid Govt or any ifaoe of 
satboriaad sad B a ipin i a rad oal of Tarai TIom 
Gaart wMob CMcwbea so sppoiatod sad boiaf 
d iaabs i fo sC ssid sAos by Eilhor of tbo lald Jes- 
ts a dark sf ssid Coarl bsloagiaf say Law 



JB V laosHoie JCaMvaas 
bo sad tbay banby 
Is Appofail a CMk Is ssid 
da^swaralslbsMbfal 
Usaa sbsB have all tbs 
sraaMilslbs 



Mqrli^iTn 



0Hitaplar 

•am^ rkBBMAv d^aslf P.T 



Momna A Jbof 



i 



/ 



[■ 









.: 



■ I 



, 4 



'I 



: 



' : 



r 1 



r 



; 






X 



V 



(,' ? 



1807.] 



aUPmiOUB AMD aUFBfeMB OOUBT BBOOBDS* 



18 



There is also another doonment,— a Deposition of one of the 
Clerks of the Court of SessioDs — which shows the loss of eertain 
Records in the great Fire of 1747,— another erent haying an 
important bearing upon the^ present state and condition of the 
Files and Beocnda, —reference to which is made hereafter in tiiis 
paper. 

nL 

The Deposttkm of Eseokiel Goldtbwaitof Boston in the Fkoriaeeof 
tbs Maasacbttsetts Bay in New So^aod * the ssid Depooaot Testiilsa 
* says that bsfore the ilre bapponed that Consamed the Court Hoose 
ia BosUm the Ninth of December 1747 there were fai the secrstaiy's 
office two fdio Books in which wsrs Recorded many Deeds * Con?ey» 
ancss of Lands lyhig in the late Prarines of Main, now in lbs Coaaty 
of York that Ibis Depooaot has oftea bad said Books in bis Fossossiost 
and Copyed out from tbsm Sundry LMtmments for the Late SecrsCaiy 
Willaid that said Books wsrs usually kept in Ibe Lobby beh»gii« lo 



Coasaalodls 



W. Spoobbb 
Calbb CosatMO 
J Wnrraaop 
B CaADaooaw 
Jomb WnarooMa 
T Cosano 



A Iras Copy 
AUaal 



J PaaaooTT 
Eldad TATLOn 
J Palmbb 
U Fablbt 
B WaiTB 
Jbo? Fosraa 
MosBs Gill 

8 HOLTBV 

Ja Fttaaa 



JOBV LOWBLL Dff Smt P,T. 



Cobaqr sf Ibo lisaaadraNlta Bay Ksy tbo 10<k A. D. 1779. 

Wo lbs flabaoriban JaaUooa of lbs Siqiorioar Court of Jadiostara, Coarl of 
Aaaba ft Goaanl Gaol DeliTory in k fbrasid Colony baraby appoint SsbunI 
Wintbrop of Beaton hi Iba Coaaty of Bsiiolk Saq! Claric of tbo aama Coarl 

W? Coannm 
Jao? FosTsa 
Ja 6ou4ta« 
M$jikb MIMne—Tbsa lbs •'Wbtbropnsds oath lor tbo Isitbfsl dis* 
obvfo of Ua dnfy ft oOoa aa CMc of said Coart» baloio BM 

W" CosaiBaaJaatlooofi'Goart. 

(Bsaoida of tbo Soparioar Court of Jadiasturs, 177»>177l^ zniiL, pi«a • sC 
a fold of amsli abasia si tbo biffamhy of lbs book.) 



14 



Mkt 



XHB CQUnnAL BOOnOT cm MASSACHUSBm. [Not. 

Gkaaber Mid 8000 ftfter said Fire thit Deponant wm told 
two Books wHh Baoy othan bokmgiiig to tbe seeretarys 
eooaQnad bj aaid Fira A wUoh be Verily betierea to be trae 



Em"- OOLDTRWAIT.* 



* For a loof period SasmL Goldtbw ait wee aetife fai all towa affairs* 
Be wae deeled Town Ckrk(feo hb aatogn4>h in Memorial Hirtoiy of Borton» 
tt. 937) fai 1741, and beld the o0oe eoniinvooslj by annual eleetion, and often 
by a anaaiiMNis vote, antU f Marek, 1761, wben he retired, and it wai « Voi§d, 
a naa i a wiM ly , that tbe thankt of the Town be and heieby aie gifen to Eiokiel 
GoUthwait, Ehi^ for hie faithfall tenrioot nany ymn part at Town Clerk** 
(Boetoa Reeord Commietioneri' Reporta, zri. 46). Though adTanood in jeare 
as the Refobitlon drew on, be serred on many Comniittefe» ^ to wait npon the 
LfeateoaatGofemeraftertbeaffairof the Fifth of March; to Tisit the SchooHi, 
a«odaled with the leadinf eitivne; enperintending varfcNie mnnieipal inleierta 
aadeoM«M,—aad be wae often Moderator of the Town Meeting. (Beporto 
eC the Beeoid Co mmi iriooeri> zrilL, zz., zziiL, and zzr., p^mim.) 

Be abo tiled many Coaoty oOcee:— (1) Notary FnbUe, 24 Jane, 1741 
lo 1770; (2) Jaetiee eC the Feeoe, 13 Angnet» 1749, and (3) made of the 
Qnoraai, 9 Morember, 1761 (Whitmore*i CirU Lift); (4) Clerk of the Coort 
eC General fiearione of the Feaee (fee •'aoooant of Esekiel Goldthwait and 
Middleeoa Cooke^ aerkt,** ffe., againet the Connfy of Suffolk «for making 
WarrMta for Coanty Tax," <te., 11 Febmaiy, 1754, and their ••Memorial'' 
for eerrieee after tbe Fire eC 1747, giren, pod, p. 25; Suffolk Court Filei, 
eeeeri. 65114, eeeexlir. 73364, and alfo Bofton Town Recordf at kite •• 1774) ; 
(5) Clerk of tbe Inferionr Court of Common Pleae for many yeart (fee 
Beeords, zzzriii.. In which he atteetf many entriefl, although there it no 
a ttce tatton for the Terme, except in a eingte Inetaaee, where be affixed his fig- 
Mtara^ aad tbe write are signed by him. Tbe Becorde of this Court from 
1792 to 1776 are adffing^ • suppoeed to bare been carried off by the Toriee hi 
1776*^ Tbe two Clerki eC this Court were divided in poHtical opinkm at the 
BeTotatiea,*Goldthwait elding with the Toriee and EeeUel Price with the 
irUfk (Q:FootaoUoapagee61,62,jMit) (6) Regirter of Deeds from 1740 
till 1771. A Beposltioii appear* in the case Fletcher v, Vassall, 11 Febroaiy, 
17M, by « Esekiel Goldthwait, Register of Deeds and Confojanoes of Honset 
k Lands withbi tbe County of Suffolk** (Suffolk Court FOss, ccecxxxiil. 
70118:19). In 1771, be was diosen, by a heavy majority, orer Samuel Adams, 
aades tbe eounting of tbe fotes fai the Court of Sessions, — bavfaig received 
1129 out of 1900 eael,*be was dedared by the Court •to be duly elected, 
be was, aoeordingly, sworn faito office." (Mfaiute Books of the Court of 
hssioaaof the Bnse, HoO (SuffoDc) 1700^1779, under date of 16 May, 
ITTL) «l!sskiclGobitbwaHBMfbariagmadaa FtaeenI totbieCooatyof 
his M^40ity«)i Arms Carfud, Gilt k Fbinted hi a handsome Manner, in order 
•a be flMsd fa Iha CoMty Co«rt Booa^ Tbe /articsa of tUs Court Thanked 
Mr.Qaldlh«ailiirlks«HiB|fa6fsaC6«t»aiid6sdsnd thai a Beestd tbsmi bt 



M 



' 



1 



^ ^J 



', '" 



■■ ] 

1 t 



i 



t 



r 












' « 



I .1 



^. 



I 






i 



1867.1 SUFKBIOUB AlTD SUFBKMB OOWt BBOOBDS* 15 

Sotfolk, 68. Boston, Novamber 27^ 175S. Tbaa ^ abofo Nanad 
Eiekiel (Mdthwait Esq* living mora than thirty Mttea Diataot froa 
Toric in tbe Coanij of Yoik the Flaoa where the Canaa ia lo be tiyad fa 
wbieh the above Affidavit ia to be need personally appeared and after 
being Carofnlly Examined di Cantioned to Teetifie the whole Troth 
made Solem oath to the troth of tbe above Depoeitlon by him Snbaoribad, 
Taken to be naed at the Inferionr Court of Common plena to be boldea 
at Toric in & for sakl County of Torit on tbe ffrat Tueaday of Jaanary 
next in a Flea of Eyectment: Depending in aaid Court wberefa tiia 
Ilonab** Samuel Wakfa of said Boaton, Esq. ia Pit. and Tbomaa HaakeU 
of Falmouth fa tbe County of York, abipwrigbt 4b boabandman la Daft 
tbe advorae Party Tbomaa Haakell aforaaaid not livfaig nor befag 
wiihfa Twenty MOea of Boaton the Flaea of Gapiloft waa not aotUad 
Bor piaaant at tba Captfam of aaid oath. 

Coram Jobv FBitura /«•. Paiei$. 

Copy Ezam^ f Ja*. Fcoat, Ckr.^ 

One other CJertifioate baa been found wbieh affordi farther paiw 
ticulan of the loaa to the pablio arohlTee ooeaaion e d bj the FIra 
of 1747. 

nr. 

Provlnee of tbe ) 
llasaaebnaetto Bay. I 

Ml*. Mehetable Scrgant; Administratis of the Eafafa of her former 
Husband M*. Tbc^ Cooper deceased daima a certoin Traet or Pareel 
of Land Settnate lying and befag fa Caaoo Bay by Said Mr. Tboosaa 
Cboper pniohased of Mra. Mary Lawrence of Boaton formeriy Relict of 
M*. Cleotge Mnnjoy of Said Caaoo and Oeorge Mnnjoy of Sakl Boaton 
aon of Sakl George Mnnjoy Deol! tbe Same la Bounded aafoUowetfa that 
la to aay to begin on tbe other akle of Amanoogon River at the Great 
Falla tbe upper part of them called Seoarrabbig and ao down tbe RlTcr 
Side onto tbe lowermoat Planting Ground tbe Lowermoat PM tbersof 
and 60 from Each aforeeald BoiandatogoDireotly fato tbe Woode so Ua 



made.** (/Mf.—Sesskmof tot Tuesday of October, 1771). He seems to have 
been eomewhat of a patron of Lettem, as his nams Is f ound fa the Urt of Friaes'a 
Sabserlbers in 1796 (Memorial History of Boston, IL 961). He flguies, too^ fa 
the Lirt of Loyalists (IbU. ill. 176), in that of the Addrsssen of Hatehinseu, 
—« Esekiel Goldthwait, Coanty Ri^fister ft CWric of the InlMour Court ** ~ (1 

Pkoceedfags of the Ifsssschusetto Historical Society fbr October, 1971^ sL 909X 
and aleo as a Fkotester agalnrt the Solemn League and Covenant (iMd. li. 90l> 

> SnflolkConrtFlle^ Jane Teem (Toric), 1769, Ha. WA^ 



U IHB OOUnUL ■UOUIK OV m— AOUOMIW. [NoTi 

M tba mU Coopar Win, Mt EiSMdlat om nOa together with all and 
rf^mbr Ka Traea Mid Veoda thereof, FTofltta Priviledgea *•. •• per 
OMdOMWCdat^Aprfltf^ I6M Prored bj the Oatlw of OMKge Hol- 
hmi * Joha mekoOa baton Biehaid HMkUeeot om of the Coonea 
BaplBHber », IfM. 

The BMM aforaaaid Ttaet of iMd parabaaad b; ttta aatd Oaorj* 
Hnjoj lb« Father of tba atld Qtortp Umy>j at the Indlaiu Nanatt' 
•owttWanWtUaa par thair Dead dated June 4, 1U6 adniowledged 
Datf Aa lOf 1M< bafon HeM7 JoaljM J. P a Qvy whereof waa btoogbt 
Ma the oMa* to be BmociM atteat bj 

JoiKPB WiMofar 

Idaherabreaftttjthat the (dRgoiog ta a TnN Copy of Reeofd ftoot 
Ihi BMikot todlBMCIafaBa h the SaeretarTaoOea for aaid Pmrinee and 
tet I hnv Mib DOIgeBt Saardi after the Indian Deedi Dantlonad * 
fta Baeofd ttareof aad hMO Mt beaa able to Ind (Aber of then nor Iha 
■Heated Ctapy th er eof Slgaad tfj Joecph Webb Oar ; and I do farther 
Ceitlf} that Oa Books of Beeord of Deed* awl oUier wrltfaiga la the 
SeeretarpoOeawan OoMWMd wbaa the CooH Hooaa la Boaton waa 
BwitcMttaf^orlO^ day of Daeenber 1747 and that tbe Book* Cos- 
talaiag 8«* Baoorda Kow In Said oflke ConuMDoe troH that llaa 

Attoft Tbo! Cum 2^ Aery 

I the SahaaflMT Oaikor Os laferkmr Cowt of Conaoa Fteaairithla 
Md for tba CoBiHy of Sofolk and B^iatef of Deeds and CoBTejraoeea 
te satd Ckm^ 4o baicbr Certtty that bavi^c Searcii'd lbs Beeotda 
4» ImI thM Josspb Writb was appointad Clerk on the SO? of Jvtj 1«S9 
and Contboad to tOI eooM ttoM la Iha year 1698 and that be waa alao 
Baglrter of Deeda for a'. Conntjr having atteated the Bsewda tbeiooC 
tnm Oer ISN to AgMt SR 169B. 

Ate Etn» OoumwAR Cbrk Jb 



laatai Koviaf. 17* 17M. 

Oepr Ezaaf V 'a? Fkotr. Cbr. 

fXMarMrjuCoepfnClafHtolbaOaBmleakiMrBofCUlM. Oopy** 

Thi two MDoaHlTa higlwst Conrta, — tbe Snperkmr Court of 
ladieafano and tb« SapniBo JadioU CVmrt^ — whose JniiKifetioii 
irtMiki Oiaash Oa Pioriaea and tbe ColnInoBweal(l^ bwl their 

1 nb dnd b piMid la WBHi^ ^riaiy of PMted (IMS). ^ •<•• 
■ ■ Jifc Cat !*%»»■ IST^dltJaJrTfcMOrathX 171 SattofHadall 
fcWeUft 



17.] 



■CPBIOOB Ant KTFBSUI OOUBT BBOOBM. 



IT 



hMtdqnartera la Doatoo, and tharo all the Raoonli wan kept nntil 

1797, while eeeaiona wen held also In the dUferent ootutiea. 

What old Court Files and papen diieotljr leoord is but a part of 
tite stoiy tl»7 haTS to telL lUuabationa of the moral and social 
otmditioDs of the times lie between the lineat gUmpaaa of politioBi 
ohangea oootinuallj af^iear; in maoifold wajs they are the mute 
ohnniclen of events with which tbey would aeem to have bad 
natuiaUjr alight oooneotiont and no little hiatocjr is written, not 
alone in their faded pages but aa well on their battered and muti- 
lated lesTca. Where thej have been and what tfaojr have gone 
through increasing jear by ytur ainoa that fltat reooid of tbe 
aeasioD aboard the Arbella, is mixed up with the lifo and histoc7 
of ti 



It was a long time after dte founding <d Ae Colony bef<ve tiie 
Courto had anjr atnding place which oonld be called their own or 
s^led a Court House. After tbe brief reoord> "Att a Court of 
AsBistanta aboard the ArfaeUa, Maroh S8* 1629,"— that is to sajr 
1680, New Style, —the day aftsr the Cdooiala cmbaifad, the At** 
reeoid of any sitting this side tbe Attontie is that flotitled "IlMfint 
Court of Assistants bolden M Chariton August 89* Alo DIft 
1680."* Johnatm atatea that this Court also was held aboard tbe 
Arbella.* Hr. Chailes Card Smith, in bis article on Beaton and the 
Ct^y,* queations this, " as bis [Johnson's] work was not published 
till 16&4, the statsment is of doubtful authority," bat he asaigna no 
place. It seems mon likely that tbe Court waa held in the "Great 
House" wherein "the Oovemonr and several of tbe Patenteea 
dwelt," especially as tit«n0^ an order of 88 August^ the sitting of 
TSeptomberwasftxed, — "AtttiwOoOi^howae.'' Atthatsltting 
" It wae ordered that eQy third Tueeday there should be a Court ol 
Aanstanta belde att the OoOwA bowse (for dM tyme beiiy,) to b^in 
att 8 of tbe elocke in the nHmMiBg."* Two Courts were moosa- 
•ivelyheld in (Siarieatown, — oo dw seventh and twanlj^ei^ith ol 

> MiwaabMrtti Celeay Beeaed*. L 7a 

• nuiTt, 

■ WeMN'WerUaf Pwridaaaa (hoM adWMOi F IT. 

• KHMwial HMorr «f BoMon, L nr. 

• IbwdoNtti Many Baeer^ L 74 
•JWf.i.71. 



IJll^l t =-"^ 



18 



XHB OOUnriAL 80CIBTr €» KAMAOHUaim. 



(Hon 



September, attlie ktter of which *A Jmyimpeiield to inquire oon- 
eeraing die Death of Aostin Bnttoher ** bioogfat in their finding, > ai^ 
at the next Court, which was** hoIdenattBoitoa Noveml/d, 1680/* 
Walter Palmer was pot on hk'^Tryall** • • • and a jnij of twelve 
men found him ~not goilty of manslanghter whereof hee stoode 
indicted ft eoe the Conrtacqniti him.'** 

Whoe the Coort was held in Boston, np to the time of the 
hnilding of the fint Meeting-Honse, in 1682, does not appear. 
After that was bnilt, on the present site of Braxer's Buildhig in 
Stale Street, the Court was apparentljr held there, and, when that 
became ** decayed and too small ** for parposes of public worship, 
in its soccessoiv which stood where the Rogers Building, on Wash- 
ington Street, now is. This is indicated by Winthrop*s mention 
of die sitting of the Geneial Court theie, in May, 1684;* and in 
1840 Leohfoid* says, **die Oenerall and Great Quarter Courts are 
kepi in the Church Meeting-house at Boston.** In those days of 
small thii^ snfl&cient accommodation seems to have been thus 
afforded, and, ooosideiing the dose connection between the law of 
Ood and the law of die Colony, theie was a peculiar fitness in the 
anangement. 

Where the Records of die Court were kept there is nothing to 
show; it may have been in the Meeting House, but more likely at 
the howe of the Secretary for the time being. Perhaps in the early 
Aq^ the Records were not very Toluminous, as would appear by 
an Older of the General Court,* of 9 September, 1689:— 

•« Whereas many >klgmsats have bene gives in ff Ooorts, wiiereof no 
leeerds ate kept of ths evidence * ressoos wberevpon tiie verdit * 
Iwlpiiat did pases, the records whereof being dudy entered A kept 
wenid bee of good vee for preeident tp posterity, * a releife to such as 
shal have )mt eaose to have their causes reheard * reveiwed, it is 
Iheitfore bj this Court ordered A decreed that henceforward every 
Mtgmeat, w*^ aO the evidence bee recorded hi a booke to bee kept to 
fueteiHj**; and the fee pfseeribed was *«lor every faidgaieat at the 
Oswl at Boston, •*•" 

In the onl^ volume of the Records of the Court of Assistants 



• MsMeeheMtte CokN^ Raeoidi, L 78. •nu.l9k. 

• Wialhrap*e Hiilery of Kew Eaf^sad (eAtion of 188t), L IMl 
« FWa Deslhv (Thnabdri editten), p. 84. 

" IfimilinTtli f '-J " •'. ' ""• 



t 
'j>' 






I 



1887.] 



fUPBUOUB AXD SUVBBIB OOUKT UOOKDf* 



It 



eztanti— diat covering the period from 1678 to 169S— the 
entries are extremely brief and compact. 

The needs of the Town in no long time became pteseing, and 
a demand aroee for better and permanent provision for the Courts. 
In 1649, on the twelfth of Much, ''At a geneiall Townee mee^ 
tinge,** an order was passed looking towards an undertaking **to 
builde a howae for the Courts to be kept in,**> but nothing seems 
to have come of it, and the Courts apparently kept on in their 
old quarters. Relief, however, came at length, as so often has 
happened since in Boston*s history, through the public spirit of 
one of her citisens. Captain Robert Ke^yne, — 

** baveing kmg thought and considered of the want of some necessary 
things of pnblike coacemment whksh may not be only eomodlous but 
very profitable * nsef nil for tlie Towne of Boeton, ae a Market place * 
Caodit . . . also to have some convenient roosM or too lor the Oourte 
to meete hi both hi Whiter A Sooier,'*^ 

dying 28 March, 1666, by his vrfll,* dated S8 December, 1668, 
left three hundred pounds for such public uses. The Selectmen 
took action 26 Februaiy, 1657, **respecting the l^gacyee given to 
the towne.*** On the ninth of March following a Committee was 
appointed — 



••to consider of tiie Mbdellof tiie towne hoosstobee built • • • and 
the most convenient places as also to take the eobscriptioas of ths 
iahabitaots to propagate such a building,"^ 

and some time in 1668 the first Town House in Boston was com* 
pleted.* The history of this ancient buildings and aleo of iti 



> Boeton Reeord Conunistionert* Boporti, it H. 

• Suffolk Piobsto FUee» Ko. 171; Boeton Beoocd Comaiaeiooefe* Beport% i. L 

• Botton Reeord Conunieeiooen' Beport% ii. 112. 
« im, \l 134. 

• Anong the Suffolk Court Pilot (nviL 2213) if a eoneetion of pspen, for^ 
eiz hi nnmber, raUUng to Cept. Keajae'i eetste^ hie (sniily, ele. Among tbeai 
if en Inventory of the eontonte of hie honee,et hie death, from ettie to eelhw, 
roomhyroom. Then Is aleo a copy of a Reeord of the Coort of JUeieteate, 
llferoh, leea, ef the divoroe eait of hie deaghter. Thie ie earione se heerfa« 
the eerttieetfton • A tme oopy tekea ont of the Coart*e hooke of Beeorde (bebf 
thw ewith oompered)." Thie copy ie atteeted by Bdwiid Baveoni i^ al> 
teeted ee eopied by Addhigtoo; Addhigtoa'e copy atteeted by Baweoa agiOai 
aadthetsgahibyAddhiftoni thw ehowhig eaeoeeeive eq^es sf the erfghnl 



m ooumAi, soomr or xjMJkaavnm. (Hw. 

...v T^^ -wiw •»««. hM bewi •• fbUynd leunedly iriTen 
ly ti» lugfaert aathofity' apoa this «id the other »iioient boildinge 

•I Boetois thrt OBljr the briefcet irfMwwe hew wm be neceeaai^ 
IJe ewjprtoB rf tto Town Ho«e lor the C«m. I. »^^ 
Iqr the etder «f the Geoenl Court, 19 Ifay, 1668, addnir u 
aOomaee to Boeton— * 

«te««ltoirMto the cberfgee of their towiieboaie . . . provided tbet 

T!^J!^ to the ee^ home eheU be for erer kept free for the 
keeptef of sB Cowt^" etc* 

TO, buildii« .tood BntJlIte deolrootion by the Fire of 2 October. 
IHL ne ooonpetioB by the Conrto through thia whole period 
^ipna bom ilr. Whitame'e qnotatiooa • from Jceselyn, who me 
toBoetoo in 1668, fan the oideia of the Oenetal Court in 1667, 
and agun in 1671, from John Dnnton in 1686, and from varioua 
IMaa^ IB Judge 8«waU*a Diaiy, among other, the reference to 
ue tnal of John Qnelch and the other pintea in 1704.« "The 
HomUe Repreeentation and Addreawof the Select Men of the 
Town of BoetoB ... To hi. Excellency Jceefdi Dudley, EMr. 
. . . the Hoooble the CouneU and the RepreMntatiyea in Gen- 
*m Court AaMmbled," 17 October, 1711, "Amidet the AwfuU 
Doolatioa 4 Conmimption of Many DweUinga & much of the 
•ohetance ol the Town I7 the fieiy diq)enMtion of Providence" 
»fci« to jBie«e ef the building, "now lyinge Waate in it. Adiea,- 

^■the -Conrto olJurtioe,"* a nee BOW tenninated aft«r mew than 
■aUacentttiy. ^^ 

Y^ *•>• teboilding wu going on the town aeetinfla, and 

Foi>>«yaeCourli,weraheldintheMeeting-HouMe. The Town 
HooM, rebuilt npoo the dd aita. «m M«nn:<^ s. i#.- -••»• 



1W7.] 



lUPBIOUB AXD mrBMHB OOVKl IMOOMW. 



Si 



Itattff. It !■«*•§ 



<1m eairttM* of a int Tofaae o( Baeofd% wUek hM 
IwCoM the BeMoty of aMa. 

Ipaial,— awwkgWiivaaotlMr IBniimiiiu Ihit 1 

.w .,___*'*V**»*"*^«^k«*«'«»^W»»»btgrtkiiedai. 
!2rr*-J«*«-f«-<**k»r.(ftitL)liy. ■«—"■». 

^ J II n ni l . rf ih, OM ■It, n iaii t Bu ,lia,Ma> (IMtt adM^, mt). 









It 



n 






* i£ 



tl' 






The Instmetioii giten to die boOding eommittae* oideved tlMn to 
fit ^'tba West Chamber for die SnpF 4 Inf Courts;** and of tbe 
*two offioes below staiis ••• one for die Seoretsfj.** **Not» 
witfastanding tbe order to eonstraot a West room for tbe CourtSi 
it is Teiy doubtful if this were really done.*** Bren if such a room 
were not speoiallj fitted up, it would seem that **tlie Courts for 
tbe County of Suffolk were held in the old Town House, until it 
was burnt in 1747, with oocasional sessions, when neoessaiy, in 
the First Chureh building or elsewhere.*** This would appear 
frcwi Daniel Neal*s account in 1720,* where he speaks of ^another 
Spacious Room for tbe Sessions of die Courts of Justice.** 

On the twenty-fiist of Sqitember, 171d, tbe Selectmen seeming 
greatly exeroised at— 

««aPnblick Notification Qod* the band of Edwaid WeaTor, Dep^ Begister 
of J* Court of Admiralty, Sigoifying an appdntmentof aSale of a sb^ 
• •• at the place where tbe Court Is held • • • bateiag signified to the 
Judge of the s' Court That the management of a Pablick Sale in j* 
Town House Is Forreia from j* declared Intentions in Erecting thereof^ 
and that such a President may bsof 111 Teodam^ • • • In discharge of 
tbe Trust Reposed in tbem, they bold tbemselTes obliged to disallow tbs 
Iraproreing any part of j* House to any other use than wbat was pro* 
poaed hi Erecting tbe same. And they do direct that tlie s' Hon* Jndg 
have an Attested Copie thereof fortbw* Sent bbn.** * 

There are numerous references to the building as a * Court House ** 
in the orders and resolutions of the Gtonend Court after the Fire 
of 1747; and again by Secretary WOburd in his letter to Christo- 
pher Kilby and William BoUan, Agents of the Prorince in LondoDy 
81 December, 1747.* 

From tbe apportionment of die cbaiges,*— one-half to die Prorince, 
one-fourth to die County, and one-fourth to tbe TowUt —it would 

> R»d«dieatioB, <«e., p 186. 

• Wbitmoie, in Re-dedicatioo, «fe^ p. 491 

*iW. p.178. In eonfirmation of this opinion tee ciil^,p7e sad /wfC, p. fft. 

« Tbe Hiftorj of K0W England. Conttinhig an Impertfaa Aeeoant of tbe 
Clfil and Eeeleriaftieal Affairs of tba Oonntry to tbe year of ear Lord 1700. 
To wbiob ii added Tbe Ftaeeat Stale ef New Engbwd, Londea, MDCCXZ, 
11607. 

• Tbie ie referred to by Whitmote» hi Bodedicatioa, eK^, p. flt. Thevbalt 
irooeeding ie giren in Boeton Peoetd roniaiMhwuio* B^orli^ am. to 

• RodedlDatioa, «!»., p. Me 






(Kor. 

•Ma tittt tiu CoortB ci Snftrfk Coonty were held hen, at aU 
•renli tint the hi^ieet Court— the Soperionr Court of Jodioa- 
tan — had lis qoarten in thia hniMiny, 

Upon tiw raatonlka of the Tow* Hooie, after the Fin erf 1747, 
the Coorta ««ra again held hen. The famoua trimU and the 
atbring aeenea within ita walla an matton of familiar histmy, 
Serenl deeeriptioDi of the l»ildii« an qnoted hj Mr. Whitmon, 
— that irf Fnoda Ooelefc in HM (p. 61), that in the HaaaachoMtta 
M^aaine, Angqat, 1791 (p. 6SX and that of Tbonua Pemberton 
inim(p.97> 

The qneationof anew Coort Honae came up in 1786; and in 
1709 die building hwl been eneted in Qneen Street, now Court 
fitnet^ to which the Coorti wen remored.i Whether the Snpe. 
rfoor Court of Jodioatnm went with them or not ia not olear.' 
!*• oAoea at lie CleriEa, which wen on the nrath aide of the 
Mtding^ atill oontinaed to be kept in the old buUditvi and theae 
Certilfeatei ibow tboee of the Clerka ef the Supmne Jndioial Court, 
to anooeaaor, to hare been still then in 1781, with the mnltitu- 
dinooB tmm of filea and papera piled in ooofnuon and disorder in 
•the Cock Lofts" abore. Dr. GMige H. Uoora* aajs, "At the 
beginning of each Term die Jndgea robed themselns then and 
■ucbed in praeeaaioa, followed bjr the Bar, to the Court House." 
umA speaks (rf the eastom a* existLig in 1785; and Hairismt Giay 
Otia, alao oited, is hia bwugnial as Mafor in 1880, nfait to it u « 
wril known eoetom.' 

»Tl«re •»«■■««» p,I»wr«I»tiBg; to (hBbaOdingoftiikCoBriHoQM la 
Iha 8>BoIk Cbut FUm, eoocrL M^^U; dxr. 88^1. 

BdMud QiriM7. John Atbtj, uid Swrnnl Ptmbarton, Uim of Om JaiUsca 
•f &■ CMrt •< SeMioM. wen ^.polaM • CoanoiltM toaadit tiM aogoaat of tiM 
B|«Hh»Ci«rf(to,oflfc.K«,Co«rtH.«^talT» Thdr Rqwrt sn-vvM 
tta aMonls aad iItm tht ant, hehdinf tlw MMpaaMttaa to Uw BMdiaa 
O^-iUe^ £*a,-£MI5. IB. 10^ Uwfd Jfan^. (Miaata Boob of thl 
CMrt of GMnal Bi^oat o( Uw Prnm, Wo. 8 (SoOcdk), 178»-17T«, SMiloa 
a* 1 U^, 1T7Q.) 

IfaA fa»»wtiaf fafenialtoa aa^anriaf -I*. Cont Hoan, Tfc. M, lad 

iBBMMlMliM, «w. vUA alw WBtalB* a Mp^BoUcMi e( tho FIsM Ih OHODd 
Mrts^ ia 188^ sad Mm O. HalM, k 1B14, of t)M Sqwm bowM br Coart, 



• <^*d I- *. fcAdtaalh., «.. AppMNU, M, „ m 
■fcaafi l < fcMSWaHh6K^awifBBiha,iHT. 



W«T.l 

A new Court House was buUt in 1810 upon School Street, en 
tiw site of the pceaant Citf Hall, to which the Coontj and State 
Courta wen tnnsfemd. Mr. Whitmtm qootea tnm Shav'a 
deaorjption of it in 1817, showing — "two Court-rowaa in the 
oentre and one amaUer in one wing . . . CleAa of the Snpnma 
and Common Fleas Courta," etc i from Snow's Histay of Boston, 
in 1828, — "In the eastern wing an the offlcea of the Clerk of the 
Courts, looma for the Judges and for the juriest" and from Bowen's 
Pictun of Dostcm, 1829, the same atatemenLi Then they remained 
until the otmipletion, in 1836, of the new building on Court Street, 
now called "the old Court Ho™^" whew the Supnme Jndioial 
Court room, with the lolAiee, etc., was on the aeoond floor, and the 
Clerk's offices on the lower floor.* InSeptenber, 1898, the Supreme 
Jodkual Court removed to the new Court House in Femberttn 
Squan, when, with ita Court rooma, lobbiee, and offices, It oooo- 
piea the fliat and aecond Soon of the aoi^weet ootner of the 
building. 

The last sitting of the Superiour Court of Jndioatun held In 
1774 waa in Beaton, 80 August, and the only Court held in any 
ooun^ in 1776 aat in Boston, in Felruar}-.* By an Act of 28 
Ai^pist, 1776, all offices, oitU and militair, wen to ceoaa and 
determine from and after 19 September, 1776.* 1 May, 1778, 
there waa a change ordered in the stfle of writs and processca, to 
the "OoTemment and People of the Bfaasachnsetts Bay in Hew 
England," and to bear the date of the Christian era.* A new 
arrangeuient of the Jnsticea was made by order of the Council, 8 
Ifay, 177«.» 

By an Act of 6 February, 1776,^ the Suffolk County Terma wen 
to be held at Dedbam and Bruntree, Boston haring bean made "ft 

t B»dKlk)*UoD, <K, pp. 101, in 

• Tbo oonm •tooa wu UU 96 Saptmber, 1818, and tlM BoUdlaff WM MSk 
plated 90 DMmbw, ISM. ItiMearle«,nlMtaDti>Uj,tkaaUaalllMCa«rtlI«Ha 
of 1TII8-I7a«, abom aimtioMd. 

• A* Minute Books of tba Oapttioar Conrt of Jodkatna, Vaa. 01 •«;«•, 100^ 
Ml. 109 1 aad CatelOfas of BMOidt sad niaa i> Umi aAM o< Um CMC i< lb 
A^nnw JadieU Cmiit for tiN Coaa^ of Solalk, BoMoa, UMIh p. H. 

• ProrlBM LkWt, inS-TI. «h. 4, t. t^ 
* /Uf. irr»<7t, ek. Si; T. 48*, MS. 
*FaraMpTa(tha Ordar, 4(0, tM nl(,p. JXmlt. 
( FroTiaMU««,ms-7S,<fa.l4T.4S«,aM. 



"■ ooumu TOBrr » Mimcmmm 



Pfn. 



(uiiuibgtUaaulHeiUaniiTud began. 

r H^S^L"^ ■*^' ''W»ri wm i. »«r™ J! 
''***" I*" >"«-»7,«fc.H,T BM.ff77 



ff.i 



iDFBBioirB AID lupsna ooost bboohml 



25 



whila the b(M>k% ii^wn, sad nooidi on tbe lower floor vwa nxatlj 
mtoL The Uemorial of Hiddleoott Cooke and EieUel Gold- 
tiiwutt Ckrke of the Court of Oenenl Seetioiw of tiie Peaoe, Svlj, 
1749, to the Coor^ eetting forth their eerrieee in nTing and 
•abeeqnently eortiiig ont ita papeia, ihowa how it fared with the 
Reoorda of that Court iriiioh were on the loweat floort — 

"Ibej took all poaalbla palaa to p rte tr re the PabUck Beeorda and 
niea of tlifl Conotj tbn la tbdr oOee, that la naMriag tbe lase out 
<A the Towa boaM the Fiiea of write Exeoalkma Aotixr Fapwa baloBg- 
ing to the CooB^ wen mat of 'em broke, * ao latmaix'd that thm waa 
Scam a wIm^ He •( Fapara tsgalhaf tei naara S«fan^ or Ei^Uj 



The Record of ttw Conrt at Oeneral i 
matter ia qnoted bjr Mr. WhitoKMe (p. 175^ The original Memo- 
rial, the order appointing a Commitlee "to take the aaid Memwial 
into Conaideiation and report to the Court," the Seport vt the 
Committee, and the action of the Coart endoiaed (heiMti, are atitl 
extant.) 

The Fires are not alone reaponaible for auch loeaea aa tlu Reeordi 
maj have anffersd. The variona Tiolaaitndea through which thej 
have pnased in the conne of two and a half oenturiea, referred to 
in mj prenona oommaaicslion, are natniaDj and ineritably atill 
nMH« acoonntaUe. The Certiftcatea charge aome of titia loaa and 
oonfuaion to the Itritiah aoldioiy when quartered here in Doabm in 
ReTolntionarj timea,— and oonaldoring their date, ao few ^Mra 
after the erenta, when knowledge and memorj were fraeh, the 
charge muit be canaidered to have had a aubatantial foundation. 
The papera tbemaelTn are also ailent and etTeetive witnoMea, — 
grimed, powder-attaned, worn and battered and fr»yed, with holea 
burnt 1^ the cinders that drqiped from pipeo, ereaaed and ontm- 
pied, and, when the work of reatonUon and arrangement took 
them in band a few jneait ago^ mixed in many eaaea in nndiftin- 
gniehaUe confuaioo and diaorder. 

When, In SeptemW, 1768, before the war broke ont, the two 
Britiah legiuenta were ndered to Boaton, one i»tehed ita tentt on 
Oe CMnmnn, but the other waa ordemd to FaaeaO Hall, and "Aa 
next day the Qoremtr [Bernard] ordered the dooca of the Tom 

> Salelk Coait FHa^ aMiL IM14> 



^ 



" m ooiOTui noBT or KuuaniRn. pt„. 

^V^ Otmnl Horn', Pn,ctan.ti»^ 14 M^dTlTOmfcrS 

•."&-' "itSL^ZT* "J!!^ •• "» T». H— ^.ri,, 
S.TSIti-'^" ~^" ""^^^ 



BIPOBI Of THB OOUMUIU 



The bnnneu of tb« Anaiuil Meeting wu then mnmed, 
and the Report of the Coancil wm preeented and read I7 

the COBRISFOKDINO SEOBXTUtr. 



BEFOBT OF THE COUNCIL. 

In tho perfonnkaee af the dn^of infamlttiiig * detitled Report 
of (be doings of the Sociefy during the put jMr, which ii impoMd 
npoo the Counoil by the Bj-L«wa, it would perfaape be natunl to 
expect thftt k teview of the oonditaon of the finaaoce of the Sooietr 
■hoold Ant engage our attention. Inasmnoh, howeTer, u the 
Treunier ia requirad to anbmit hia Annual SUtement diteetly to 
the Socie^, end aa then baa hem no mcb change either in the 
genetal condition of tiw Treaaniy or in the ohanoter of the 
investanenta, aa calla for apecial comment, nnaecaaaaty repetition 
will be aToided if thia toi^ ahall be diapcaed of hj reference to 
tite Statement which will be anfamitted by the Tteaaorar at thia 
meeting. In thna dispoaing of this subjeot, howeTer, the Connofl 
wish to congntulate the Socie^ upon the aigns of ateady growth 
ahown In the pennanent Fonda. Althoi^h they are not large in 
emonnt, it will be edmitted by all that the aaaurance of a fatore to 
the Socie^ dependa npoo the eatabliahment of ooafidenoe ia tite 
care and p reserration nf tiiese Funds. 

The attendance at onr Stated Meetinga duHng the jreer bean 
witness to the oontinned interest of the members in our aifairs. 
It was detennined bjr the Council that the December Ueeting 
should be in tfw nature of a Hemoikl in honor of the late Preal* 
dent of the Sociefy, Dr. Benjamin Apthorp Qonid, and die 
exerciees at that time were praoticallj oonflned to the eonaidera- 
lioa of Reaolntions prepared tif a Committee tar tbe oocaaioa tati 
to listening to addtceaea frmn different membera <d die Society 
adapted to the character of the Meeting. At each of die other 
Stated Meetii^s, howeTer, pepers were read, treating of a Twie^ 
of tiqiios and oorering a wide field of time. These papen hare 
all been pat in type, and if to the pages whioh they oeonpy we 
edd those eontstning the TiansMluma from Jannair, 1896^ to April, 
I89e, and the eereral Memcin ooounmicntod to the Society dining 
Uie year, we luTe a volnne <4 fear hundred and et^^f^niiie 
pages. The Parti oentriaJng tbe pcoeeediiip U oar aesti n gi 



<la ■». 4Z n. .Z, Pnvioo.1, been gi™„ „^ 

Si their ««^^!J[S!Zr' /?^ "'""'y ««»"U«i «ch oUw 

diii side ctf tU —^ e ■wniemnce o< tha fioyd wthoritr oa 
Uth«»ri!!I • ?^^°""™* Tb«w wew oaUod forth 

SILL rf SSSS :*?■"«*"»»» h«.d.oflb. 
^ ^*^ *• ■*^'^ •*«* WM nwle far theM •pecW 



W.) 



UCFOKT or 1KB OOUVOIL 



Inatniotiaat, ud bat Ibw of tbflm mn tnuumitted from Ei^UikL 
WhsdMT Iher can ftll be found In th« Reoord Office we do not 
know, but hj nwene of an oxaminfttion of the Manuhueette 
ArohiYee, the Cooneil Reeorda, and Um Jooniala of the Hooee, 
and bjr nforeiioee made in the publiabed hiatMiea of the timee we 
en eble to eelabUch the exiatenoe oooe of a number of docnmenta 
(tftUaoliaiaoter of which we hare noot^iiea. We can domaaatiBte 
the probable natoie of the oontenU of moat of tbeee, and henoe wo 
feel Bure tliat raonj of the miaalng Initracticni are of great Impoi^ 
taooe in their bearing npcn c(»temponneoaB eventa. In otder 
diat we ntaj proceed in a eyitematio mj in ottr ellnta to make 
our woA complete, it haa been tiMnight beet to inatitnte a IlioRxigh 
Mareb for infonnatiao coooemiRg the loalraetioM anxig tlie 
doonmeata and pubUoaliona Ukelj to aid tM iriiioh are aooeerible 
en thi* aide of the Adantie. When we aball have s<dlated all 
that can be procuvd here, we can lodge a epeoiAe order upon Um 
Haroben in the Pnblio Reootd Office in Fetter L«iie for certain 
named docuniente, and aopplement thia order with a reqneet for 
an^ other* that they ma^ find. When tlia vet^iea shall Iwre been 
leoeived, onr work will be aa complete aa it ia poaalUe far na to 
expect under the oiroomatanoea, and altboogh It ntaj and pnfaabl/ 
will happen that we shall be obliged, in certain instances, to 
suppler the plaoe of Instmctions known to have been cent bjr 
abetiacta of their ccntenta obtained from ontside sourcea, theea 
defeola will cnlj be each as an inherent in worii «f this sort, for 
which we ehall not be reeponaiUe. 

A few wnda ma j widi propria^ be eaid coooeming tha probable 
ralne of tUs pablicalion for historical pnrpoeea. In a recent 
nomber of the American Historical Beview a writer nndertook t» 
give a liat of tha pnbliahed Commissions and Inetraotions to the 
OoremOTs of the different Colonies and Pnvinoes which wera 
aoeessible farstndenta. While it maj be premieed Aattlielfetia 
not complete^ still It ia worthj* of note, tbM the oorapiier wae oolj 
able to inolode of thoee in wfaioh we are latmsted Andioa's 
Commission and Instmctkna aa Ooremor of New W-ngi—^^ and 
Dudley's InatmctiaQS as GoTsmor of the Maasachnsetto Bay. 
This woold aesm to be in itself a snffiolent denonstnlioB of the 
demand that exists far ti» ezM&tian of dw weik in wUeh we an 



^m 



to tBB on^nAL aocasTT or lusaAotnmBTn. [Kor. 

If tlH OtaunWoiN hod baen imiform tlw fNiblicatioa of one 
mold luTa Mrred m » DKidel for all Um othen. Such, howsTsr, 
ta not tha eate. The i^iTMeologj of llw different CommiMione 
diffen ■Hteriallf, mod « atndj of Um Tarioot changes which wen 
Crao time to tiine ii»de imj teveftl contemponneoua motivm for 
tkeir exNtence iriuch have not beretofon been brought to light in 
eonaeqtienee of the idhenat dilBcnltiea which laj in die wsj of 
oonparing theee doeiraiente. Tbe taak will be relativelj an eaay 
ene after the pnblieatioB of thie Ttrinme. 

When wt nfleot upon Qie Cut that for nearij three qoarten of 
a eeBtoiy a eontiniKNif attempt waa made to gorem thia Province 
tfaroogfa Inatnictioiia iamed to Uie Rojral Oovemon, and when in 
addltioM it k eooaideTed that eome of theae Inatracticma were 
eenenved }ff tha inhabitanta of tbe Province to tmpaai npon the 
righti irf aelf-govemraent eonfened hj the Charter, we can under- 
•taad tha faapoanbility of writii^ tbe biatmy of the Province 
without fall knoiriedge of tbeaa ImtnctiotiB. Inaamnch a* tbej 
an nowhara to be fband in print, tbe diffionl^ of obtainli^ the 
teqtuaite knoiriedge for thia poipcae la obviooa, and it will not per- 
ixpi be oeo ai daiBd aa atating tbe dtnatian too itnmgljr, if we 
■honld aaj that the bietotr of the Province of the Maaeuihiisetla 
Bay for tha fint aixtf jeara of ita life lemaiiw to be written. The 
nlatioa of the eventa whieh occnired dotii^ thia period to tbe 
better known incidenta which happened jnat before the Revolution, 
baa never bean adeqnateljr analyted. A eonttnuooa conflict coo- 
aen d ng theee Inatnctiaiia WM carried on dnrii^ theae jwara. It 
wiB at timca between Hht Oovemor utd tbe AaeemUjr, bat generally 
be tw BWi the Oonmor and the Repreaentativea alone. It had an 
i^mitaat beating In the develoiMnent <d tbe S|Krit of reaiatanoe 
«Uch led t» tbe RevDlaluA. The stody of Uiia oooAiet bat been 
gnatlf haapend hj tbe diffionl^ of acoeaa to tiie hiatorioal mate- 
lialwfaieb related to it The publioalion of the vdnmo whieh Ifaia 
Socie^ will aoon iaaiw will place a Urge and important portion of 
Oia aM t a iia l within reaeh of hiabntcal atodenta. We maj reat 
MaaiiJ Ihrt iti advent will be welooned, and that otbera will jtrfn 
witt sa in i^predatka of the valoa of the gift reedved bom Ur. 
Geoddl «Uoh baa eaaUed na to make thia eantnbotioa te thf 
■ <tftfaiaC 



(BPOBI Of !»• OOWWIL. 

The WVnring deatb. have oeonrnd d-ri'* *»- y-"- 
Bawun Avtmbt Oonui. 
FuKci* Am*" W*w» 
OwBoa Otm SaATTOca. 
Dabwu Em«to» WAma. 
Jour Lowau. 
GBOBoa llirrw L*«- 
Gaoaoa Siimu Halb. 

dwMd, not milj m o™""" '"V" " rJT „ ,„A«1 Ui»l tt. 
''"^"Tfi Slw. PubUcUw «J to ttke .».h Inrtl«r 

•"nit^Ji.rssr^^ «-. b— — • 

other reaeoo, every ■"'^ ?\.r\-,„ / 
teitat. to it, 1. the —«• •* W •»«^- 



tS TBI oasjomAL wooaax or magAcmrMtm. pior. 

At A* MBH neettng the Bomber of tha Committoe «M in- 
BiBMBil to Mvea, of wliota the Pntident wm nuHle, 4X oJUio, one> 
Ktt member of thie Sooie^ can lure eeoped knowledge that thi* 
CommiUee entered upon the perfonmuioe of Ite woric with MeL 
Ai thii work wee not, in enjr wejr, placed under the control oc 
■npCTvision of the Coonell, the eonditton of the Fund which 6mj 
hare andertakcn to collect most be aeontained fmn the Beport of 
ttM Committee to the Sociefy. 

In oooolaMon the Coonoil wiib to oonrej the thanka of the 
Seeie^ to the American Aoademj of Arte and Solencee for the 
DM of their Hall daring the jrear for the Stated Meetings of 
the Sociefy. So far a* meetings of the Coonoil are concerned, 
the aame embatiMamrat has preTsUed aa heretofore, owing to oar 
dependence upon others for a place in which to meet. In preeen^ 
log this question to the considersticn of (he Meeting, the Council 
do not mean to snggeat that it reqniiea immediate action. It is, 
fcowerer, one of the standing needs ol the Socie^, the remedj for 
wtiek most he fooad in Uw faton. 

Tbe BeportJ el tht Tnuunr and ci ths Auditing Com- 
■uttM wart thai •abmiUad. Tbej we u f(dlowt: — 

BXFOBT or THB thkasurxr. 

The Bjr-LawB of the Soeie^ reqnin ol the Tressoiet, at the 
Annnsl Meeting, » statement of ^ flnaneial operations for the 
pteosding jear. In obedieaee to this leqninment I have the hoswr 
te sab«it Ao foUowiiv Kepoit. 

CASH Accoun. 

rn 

tOD-M 

aioM 

i»M 

■slMadtoSMM/bFsbUeatloM Bl.M 

*" — " " " iMiid. MO 

^MMSwiMiaBfc. .una IjmM 



^^ »U1J» 

OiJ™"1«J •«-."•"« •«:jVbli'prt.iii« . • ■ • '"" 
A,W. Hi«widCo»p»7.««™"™'™* . . 1M 

B.B.Min-.*^™''^'^ . u.n 

dpri sad hUNStpiffiWta gold .sin ^^ 

blaiMtlBAd)Htm*nl ■ 

, D,p<«H tn nW Nstioasl Baakol Bo*om » 
-m,lW 



tss.» 




•« TD oownAi soomr or MAaaAommra. pfor. 

WffOBT OF IBE AUDITIMO OOIOIITTEB. 

EuoT C. Clabki^ 



It 



!«?. 



toI!l5!^J!"V?* ^'™*° "^ *•»• Committee appobted 

aTJT^* ^* ' **"** ■totement, by which it appeued 
thjtof the Teo Thao«»„d Dolla« which the CommiSThl. 

Jfe Jurtioe Latbbop, Chairman of the Committee to 
-«^^««M^ for Office™ for the enmringyean 
£^ ISJL "j^^-mittee had named Mr. John Noble 
fcr the ag„ of Comsponding Sec«u,y, Mr. Dari, having 

CTililiLf'"^^ ^' •"'^ » Wlot being tdcT 
«^OT gBBtMMii W0TO imaiiiinoiialy elected : •-- ^ 

MtCeiOKflT. 

. miTABD WHEBLWBIOBT. 



^f^OdJAM WAnOK QOODWOi; 

J1ME8 nAounr thateb. 

e iooepiwo sioncTAitv. 

nnr wnrcHESTBR cuinaiiaBAii. 



JQHV jrOBUL 



! 



•; 









1807.] 



MXVUn QV THB BXnBXMBVT OV MB. DtAYIle 

miAeufitii. 
HENET UERBEST EDE8. 

ecQieniAii. 
HEKRT ERNEST WOOD& 



THt OOUNOIL won TNIIIt 

BICHARD OLNETe 



Mr. NoDLE then offered the following Minote^ 
ananimouBly adopted by a rieing vote : — 



was 



Ko words are needed to tbow tlie regret with wbleh tlie Society has 
learned of the declination by Mr. Daria of further aenrloe In the oAoe 
of Correepondlng Secretary, or the relnctanoe with which It has felt 
itaelf constrained to accept it 

One of the Founders of the Societj and its Correspondfaif Secretary 
from the beginning, and as such a member of its Council, he has dis- 
cbaiged the duties of the office with signal success and to unireraal 
acceptance. In losing him from the poeitlon which he has so ably 
eiled the Society indulges the confident hope that bis indirldual teres* 
tigations and studies, the results of which, contributed in part to our 
Transactions, hare added eo much to the knowledge of early New 
England history and to the reputation of this Society, wHl, te cones 
qnence, find only enlarged opportunity and fuller ecope. 

The Society hereby ex pr e s s es its sense of obligation to him for his 
Invaluable eenrlcee, and for its now well-assured success, due te no 
small measure to his derotion ; and places upon ite Becorde a vote of 
heartiest thanks to Its first Correepooding Secratary,— Andrew lIcFafw 
landDaTis.* 

1 AtaStatedMssttegef tbeCo«nell,hddteBeston,e Deesmbsr, 18i7, II 
wst— 

nemlmd^lkift It iiwMi greet Ngret tiMl th» CotmH «f Tto Cblosiil Botkty M 
MiawcliawHi aeoete to th» wirii of Amdttm UeTmymi Durk to litiio tmm tho 
CoMoUttae of Fablicirtioa wInio, for ftro jmn, with ability sad mBBiw, ho hoi SUti 
tho poUtloa of CluinMM, aad of whieh Mf good tMto, Wi iadoptadiaeo of ofialoa sad 
Jadgmoiit, hit aeato ttMOtm, hk wido and Toriow iafonBAtioa, Wi wmmfdM kaoirl* 
odgo aad Wi iadolMigabto ditdMifo of loborlow dallM^ hero asdo Uai aa iBvatatUo 
■ •w b B t whoto plofDO CAB fcoieoly bo fillod. 

ri»< Tbat tho Coaactt oaUr apoa lH Boeordi aa ojipi oi rf oa of lH i ppwrf rt lw i of 
Mr. Davif^ Mrrieei^ aad— Bot oafy for kiriC M alM oa boholf of the fiicMr wfcMi 
his io MBch— a folo of ooidlsl thaaki^ 



^' 



THE COiJOaHAL iOdXTr OV MAflSACHSITETra. 



[Not. 



Mr. Jaxes Bradlet Toateb commimicated a Memoir 
of Darwin Enstut Ware which he had been appointed to 
prepare ior publication in the Traneactions. 



After the adjonmment of the meeting Dinner was served. 
3Ir. Wdeelwrioht presided, and the Divine Blessing was 
invoked by the Bev. Dr. JosEm Heitrt Allek. After 
dinner, npon the proposal of the Chair, the members rose 
and, in silence, drank to The Memory of Benjamin Apthorp 
GonkL While the company was still on its feet Mr. 
CnARLES Sedgwick RACKEiiANir said, ^ ' The King is dead. 
Long live the King/ Gentlemen, I give you tiie health of 
Mr. President Wheelwright.'' 

Mr. HEarsr H. Edes then said:— • 

I have risen, Mr. Pre8ident» not to make a speech bat to propose 
a toosU 

The Resolationi oflFered by Mr. Noble and adopted at the busi- 
ness meeting an hour ago, amid applause, attest the Society*s appre- 
ciation of tlie valoe of the labors of our associate who has retired 
to-night from the office of Corresponding Secretary. I am not 
so presuming as to suppose that I can add anything to tliat felici* 
toQsly expressed tribute to our friend and his work, but I do want 
to say a single word upon another side of his labors in our belialf. 
His contribution of learned papers to our proceedings constitutes 
only a part of what he has done for us. Faithful in his attend- 
ance upon the meetings of the Council, of which, for five years, 
he has been an honored member, our friend*8 services in that 
Beard have been various and valuable. None has been more 
devoted than he to every interest of the Society; none has been 
man jealoiis than he of the Society's reputation to which he has 
Umsdf contributed no small share. 

On behalf of my colleagues in the Council as well as on my own 
bdialf I give you, Mr. Presidenti die health, happiness, and long 
Bis of Andrew McFariand Davis. 



1807.] 



ANVITAL IMVirEB. 



ST 



Speeches were made by Messrs. Akdrbw McFaelavd 
Davis, Edwaed G. Pobteb, Aninut C. Goodell, Jr., 
George Fox Tucker, and William Goouooe Lake. 

Mr. Porter spoke at some length of the importance of 
an early completion of the Fund now being raised and of 
the purpose for which the income of it is needed. He 
mentioned, also, the decision of the Committee having the 
matter in hand to designate it as the Gould Memorial 
Fund, in honor of our late President, who bad much at 
heart the liberal endowment of the Society in order that 
ito work in the future might not be hampered and re* 
stricted, as it now is, by lack of a sufficient income. 

Mr. Lake exhibited the original Charter of the Harvard 
Chapter of the fraternity of Phi BeU Kappa, which was 
restored to it Oiis year after it had kmg been supposed to 
be lost He also showed one of the first silver medals 
used by the Ha^nrard Chapter. 



■ OOUnUb MJUIJUl OV Kill AOHUBB Tl. 



M£MOIB 



HON. DABWm ERASTU8 WASE, A.M. 



tiMa BRADLET THATER. 



Dabwdt Ebastvb Wase, elected s Reaident Uember of tliii 
Socie^ m the twentj^Jaurth of Jannaiy, 1893, wm deaeeoded from 
Robert Wan, one of the eulj aettlen of Dedhun, MMeMhwetta, 
who meeived a gnat of land there oa the sixth of Febmai;, 1642- 
43. He waa thaa allied to the tanuljr of the diatingniahed divinea, 
Hnu7 Ware, lather and aon, wlio eaiae from the aame anoeator. 

Ur. Ware wu bora in Salem on the elerenth of Febnurjr, 1881, 
Om eon <i< Eraatoa and Clariaaa-Dillawaj (Wardmll) Ware. In 
1SS3 hia &tberbongfat» lai^ fara in Martdebead, on the seaihore 
and near the boondaij line of Salem, and there be alwaja af tennrda 
lired. Ware nttended acbod in Salem nntil he entved Harrard 
CoU^e is 1848. He graduated then with diatinction in 1852, 
taa^it for • jrear in the aobod of Stephen U. Weld nt Jamaica 
Plain, and then, in 1853, entered the Harvard Law SohooL He 
took hia degrae of LL-B. in 1SS5, bnt renudned a member of the 
School nntU 1856. 

After atndjing, lor a time, in the office of Chariea Theodora 
RdmbU in Boatoo, be begwt tite praotiee of law In that oitf. Mr. 
Wai« waa anoeiated with Hohhw L. Haielton nntil 1960 1 then 
with John T. Mcme, Jr^ nntil 1872; then with Geoige S. Hale 
ntil 1874; and then with Peleg W. Chandler and John E. Hod- 
aoB ntil 1878. After tlwt time Mr. Waie pnotiaed alone, having 
bis oflke at No. U Deronabire Street, Boston. Aa n member of 
ttw Bar be waa teamed, boooced, and aneoeaafnl. 

Dvi^T tlw TM» 1868, leCl, and 1885. Hr. Ware waa a member 
e< ttw Lsglslal m unf If imi nb waetta.— lor the faat year aan Bep- 
inaatatiT* from dw town •( Uarblehand, and, for the aeoood and 



7ZZ^^^/. h . 



TUB i.i/I/JNUl. SOTiKTY OF 11A^>.1 



tx- 



M K M 1 11 

J.".;-. ■ lil.l,,- llfAYKR. 



Dai;*'VI>- I'l. . ■■■ .- ■■' ',-„'■!■■■ ■ ' i: ■\u> ^!.-(nlll?^ of tliis 

Soekivonl'. ::..■.-.;■ ..■.'. .,'.1.,.,,: :-. ].::.- ^ .^ -i :„!, ,1 fn.m 

ItoUn W..: ■. - i:- ..; li.-. riiivw-lt;. ;- ■'. i '., ,:,-..-.. \U.>„-!ri...-ils, 
vU, r-'t.-i<v ( .1 <r-j.i! ..f !..i,.l ti-Ti- ..-. ii„- «;<!.'. . f r.-.r„;.rv. 104::- 
4:i. If" n.-.^ I'/ti:- -111. ■( -n •]■.■ I:.- .■ (',.- .( i;i ,::,i^h.,i .)..-: ,...., 
ir.Fin- W..ri-. f^.!ln.-r.ij.rl:-t. ..'..,-. . ■■ , ■!■.■ ...i-i,. -.■,-■... 

Mr. Wan WM Imid vt S,.:. .. ,. . ^ -v.i .,i I-, i,i:Mrv. Lllf. 

iticwiii ot Kii-jtiiaan-l Cl-ir;.,-:. I>.,^ , • -.V.i' |,v.:i;> W.'if- In 
18.;-niiiifai!n.Tl)oiijrlit-ib.-K- i.n, ,.. \;„ ;,i,.i,.M,l. ,.ii il.,. s.iwli,im 

niii! Ill ir ili.-!<,iinilnry lm<-..l "..:■ • . .>,! 1 ilnn-J liviiy. rtfkTivau!.< 

;;■.-! 1^-.. «(t....!rH^, ',-«■! ■. S.,!.-i.. .mt!! Im ot.i.-mi n:.rv«.-.l 
<-., •. '.■,-. n- ■;-■■• - ■ il.'n- -.villi 'U^tilloli(m in ir,2. 

■ ■■ T 4- i; ■-.".-■:..; >v-;,li.-.i ,\I. Wi-M nt .li n'-.i 

i"; . ■• ; . i . 1> -.■ ■■..-' i',r ir.irvHnl Uw Sliool, ill 
- 1. !..!'' .!• ;"■'', Ijiit n-niftiiiMl a incn.bir ■■: tlio 

'■>'■.. K . ■ ■ •. f..r u Nil-'. -II iK- I'lTi-n of CImtI..-; Tlji^Hloro 
':.,..;. ii. ri. f i. I.-Uvim tin- i,i:>..ti<vo/ In«-i- ?■ ■ .n;.. M'. 

\v„.,. ,. -., (i,,-.„,i.ii .i-iih iiotwdU iritfi-Uct. ■ ■ ■ !*';■;: '■■ ■, 

■■■■ .I--..L T. :i..r>-", Jr., uidil IfiT::; ll.rii «:.i r. .,.■ S, 1 ... 

'■■:i; ,,?!■! ■ii-u -.vitli JVIri; W. Cbnn.V, ,- ., : :;, i- ■! ,-1. 

> •: ■.' I';:■^. \ft.Tllnli;Mi<-Mr, W:ir.. -■ .■ ■ i • i. .„■; 

',---■ ■ ■ \r>, '.H IVvnu*'.:-" M/- , '. ': ■ ■ \'. ■. r i- -,[ 

til. !-■ -■ - ii,Mn,.,i. h,.n,.r .'..■..-. ■, ■ 

id.r.i ■■■■ . ..-s.l8--.r.. ivri...., . ;■■■ ; ^, »-..s .w,.,.,nlHT 

-f ll»' I- . ■ .■ . ■■f Arftsfi:..^;.:-.-.!- .1 ,>.., ,„ :, llf,^ 

iwnLitlv.- ! . • r..»n f.r ,\r;iri.;-;. ■-.. , . ;• ; lllc s.^foml an.l 



JOZfU4f'HP^.^<^^2Ul'^ 






1887.] 



MscoiB or DABwnr cbastus wabb. 



s» 



third yoan, as a member of the Senate from the dittriet to which 
tliat town belonged. Hif legialatiye service was an honorable one* 
and he was chiefljr instrumental in giving the electioa of the Over* 
seers of Harvard College to the Alumnit — a reform of the utmost 
importance to the College. 

In 1866 Ware was a member of a Commission for revising the 
United States* customs* revenue, and shipping laws. From 1866 
to 1874 he was a member of the Massachusetts Board of Harbor 
Commissioners. From 1866 to 1878, and again from 1879 to 1881» 
he was a member of the Boord of Overseers of Harvard College. 
He was at one time President of the Boston Civil Service Reform 
Association, and was the Treasurer and a Director of the Ass(^ 
elated Charities of Boston from the year 1881 untU his death. Of 
many other Societies, also, he was a valued member or officer. 

On the twenty-sixth of May, 1868, Mr. Waro was married, in 
Washington, D. On to Miss Adelaide Fmnces Dickey, of Veasie, 
Maine. He had but one child, a son, Richard Darwin Ware, of 
Boston, a graduate of Harvard College in the Class of 1890, and a 
member of the Bar, who succeeds to his father*s business. 

Of Mr. Waro*s romarkable and interesting character, the writer 
of this sketch has already spoken at length,at the Stated Meeting 
of the Society in April, 1897. It has seemed best, therofore, to 
limit the present sketch to a simple record of the leading events 
inliis life. 

He died on the second of Apri}, 1897. Of a vigorous physical 
constitution, he was in his usual strength when he last went to his 
office, on the morning of Tuesday, the thirtieth of Maroh. Befon 
the middle of that day he was attacked by violent pains which he 
supposed, at the time, to be symptoms of an epidemic then pre- 
vailing, known as the grippe, and he soon found it necessary to go 
home. A physician was summoned. The attack grow moro severe, 
imd soon it was pronounced a case of eerobro-spinal meningitis. 
It was impossible to arrest the disorder, and soon after mididght 
on the f dlowing Friday, all was over. And thus, suddenly and 
without imy warning, our Society and this community lost one of 
their most valned membeis,— one who from the beginning had 
been a pOkr of strength to these who had known and loved him. 



OQUOOKMAMm 90000IX OV MA/MAOftUmSHb 



[Dm. 



1807.] 



TBDUn TO JUDQB X^^WBUi* 



41 



DECElfBEB MBETINOt 1897. 

A Stated Mbrihg of the Society was held in tiie Hall 
'^^ of the American Academy of Arts and Sciences on 
Wednesday, 15 December, 1897, at three o'clock in the 
afternoon, the Pbesident in the chair. 

In the absence of the Becording Secretary, Mr. Hskbt H. 
Edk8 was chosen Secretary pro tempore. 

In accordance with the snggestion of the President, in his 
Address at the Annual Meeting, and for the reasons then 
giren, the tributes to the memory of those Members who 
died during the summer recess which their former associates 
wished to pay had been postponed until this meetbg. 

Mr. William Watsok Ooodwik spoke feelingly of his 
friend, Geoige Martin Lane» Pope Professor Emeritus of 
LaUn in Harvard Unirersity. He referred to Ph>fessor 
Lane's graduation at Harvard, in 1846 ; to his thorough 
prsparatkm abroad for his life work ; to his study thete of 
dassie Philology; and to the fact that he was the first and 
only American scholar to prepare himself for the work of 
teadimg at Cambridge by a systematic course of study at a 
German University since the memorable days, thirty years 
before, when Josqph G. Coggswell, Edward Everett, George 
Tidmor, and Geofge Bancroft studied at Gottbgen and 
wiur aed to fill important offices in Harvard College,— 
three of them bearing the then strange title of Doctor of 
Ihiksophy. 

P irol Ms or Goodwin said that Lane hrouj^t to Harvard all 
the best traditioBs of German scholarship, with no trace of 
pedantiy or affsctation. He spoke also of Lane's deep in- 
npoQ those who wsrs his papil% especially in the 



li 



days when he bad the whole instruction in Latin of the 
three upper classes. Continuing, he referred to Lane's strict 
and conscientious regard for accuracy, even in the smallest 
matters, which, he said, was one of his most striking char- 
acteristics as a scholar, and one of the most valuable lessons 
which he taught to his pupils. In doring, he referred to 
the fact that Professor Lane maintained, to the end of hb 
life, his keen interest in the questions of dassical scholarship 
to which he had devoted his best years, and said that with 
him and Professor Child Harvard University had bidden 
farewell to the last of the great teadiers who came down to 
us from the first half of the century. 
Mr. S. LoTiiBOP Thorndike then said : -« 

Mr. PmiDBiiT: The shortness of the time since I learned tiiat 
to-day was to be partly devoted to the memoiy of those who have 
left us since our Isst meeting in the spring must be my apdogjr 
for the orudeness and imperfectioa of snything which I may tiy 
to say about our dear friend, Judge Lowell. But perhaps no 
prepanitioa ought to be neoetsoiy for at least bearing witness to 
the respect and esteem in which he was hdd 1^ all who knew him, 
and the warm a£feotion and regard &lt tot him I^ those who 
knew him best. That witness ought especially to be borne here, 
in this Cdonid Society, in the Articles of Association of which 
lus name stood the second, and of which he was, ixom its begin* 
ning, four years ago thii veiy month, until his death, the senior 
Vice President Indeed, no name could be more fit to hdd high 
phuM in a society formed to commemomte our Cdcnial ancestois 
and to tiaoe their blood and their influence in the men and the 
institutions of tonlay. In the generaticms that have come and 
passed, from the time when Peroivd Lowell fint settled ia New* 
buiy, in 1689, down to the dajs in which we live, the name of 
Lowell has dwajs been ens of prominence 'and distinction; and 
no one who hean me now, no one who has known John Lowell as 
he has gone in and out among the people of Boston, quietly, 
familiafly, steadfasUy, for fifty yearn, will hesitate to say that he 
has maintained and canied forward the distincticn of Uood, ef 
cdture^ and of character, which cams to him as sn inheritance* 



4S 



TBS O0I4IIIIIAL WOCJEll OV MAHJAOHUmil* 



[Dm 



18070 



XBIBUn TO JUDOB X^^WBUi* 



IwigB Lowdl*s life wm not maiked bjanj gitnd damoottniioa 
ia tli0 efi oi the publie* Tbera wen no featt of ontoiy or ttetet* 
■Huiihip. Although widely known •• a lawyer, one does not find 
in hie leeoid any of the remarkable forensio exploits which spread 
te iune of a brilliant advocate thnrnghont the English-spoaking 
wockL He will be known to the jurists and driiianB of the fatore 
as the anthor of some volnnies of Incid, learned, wise, and righteoos 
jndieial decisions. To ns he stands for somewhat mote than this, 
— he stands as a fit example of the simple integrity in matters 
pnblie and private, of the sound sense, the intelleotaal breadth, 
te moral weight, i^ich mark and set apart the few from the 



Lowell was bom in Boston, 18 Norember, 1824, gndoated at 
Hanraid in 1848, and^qient the mual term at the Law SchooL 
Hers he is mentioned I^ one of his cbssmates as devoting much 
time to Admiralty and Shipping, laying the foondation tot that 
knowledge of maritime law in which he was afterwards so distin- 
guished and so sound an authority. He took his law degree in 
1845), was admitted a year kter to the Suffolk Bar, and started at 
once upon his profession. He continued in piaotice for nineteen 
yeais, trying his cases with great ability and abundant learning. 

When Judge Spnigue resigned the office of United States Dis- 
trict Judge, in 1885^ Lowell^s reputation was already such that a 
number of the leading members of the Bar at once named him for 
that office^ Bichard H. Dana, Jr., took the nomination in person 
to Washii^^ton, Senator Sumner earnestly advocated it, and Presi- 
dent Lincoln promptly made the appointment. 

Of Judge Lowell*a career upon the Bench I have some hesita- 
tion in ^eaki^g, for my professional life has taken me but little 
into courts, and I never appeared as an advocate before him. I 
wish, howevei^ that I could place upon our Records all the good 
things that were said about him by kwyeis of four New Engknd 
Statea, at the Bar meeting held in his memoiy; and I especially 
wish that our dear friend George Hale were still here to repeat to 
ym wiiat he said en that occasion. One thing was particukriy 
nolBwotthy in the s p eeehes,^a leoqgnition of Lowell*a remark- 
able akiU in making his 1^ learning and aeumen woric out sul^ 
shmtial j nsties in every ease that came before him> Hale quoted 
Bishop B«iMt*s week about Sir Ifathew Hale,— 



** As great a kwyer as be was, he would never satar ths strictness 
ths law to prevail against coosdsDce; as great a chaooeUor as he 
he would make use of all the nioetiss andsnbtiltiesiaUwwbsaittsndsd 
to support right and equity.** 

When the resolutions were presented in court, Judge Omy, who 
received them, quoted William O. Russell's remark that — 
«• Judge Lowell bad a remarkable iastioct ia psroeiviag on which side 
lay the real Jnstioe of any case, and aa equally remarkable faigeoalty in 
showing that a deoiskm in favor of that side was in aeoofdaace with the 
settled rules of law." 

As I have already said, it was in Admiralty that Judge Lowell 
was especially fitted 1^ study and experience to direct the trial of 
causes. He would have had no occasion, when he took his seat 
upcm the Bench, for such a hope as was recently expressed, in the 
words of Tennyson, by an English judge on like occasion, — 

•* Hay tliere be no moaniaf of the bar 
Whea I pat ool to ms." 

I do not know whether he was pn^otically an amateur sailor, but he 
tried his cases as if he had graduated from cabin boy to shipmaster. 
This nautical sense lent greatly to the literary and picturesque 
quality of his maritime decisions. As one of his friends said, — 
**They smell of the sea; you can almost smell the tar, almost hear 
the wind whistling through the rigging.** I ought to remark in 
passing that the same literary, and sometimes picturesque, quality 
charMterized all Judge Lowell's decisions, all his convenaticn, 
and all his modest speeches on whatever subject, —often enlivened 
by a fine and delicate humor. 

I said that I felt hardly in position to speak of Judge Lowell 
upon the Bench. Of this statement I must make one modification. 
When the Bankrupt Law of 1867 vras paened, I had the pleasurs 
of being named by him as one of the Registers whom the law pro- 
vided to assist the Judge in the performance of his administmtive 
duties. This Bankrupt Law, by the way, was mainly drau^ted 
by Judge Lowell himself, and for it he drew from the great store 
of his study of the Eng^h statutes and of his experience in thoee 
of Massachusetts. I ought to say that this law was a far better 
statute as it came from the hands of Judge Lowell than aftw sue- 
eessive Con g resse s had amended it; and had it been allowed to 



41 



THB COUnOAL 800I8TT OF 1CA88A0HU8BTT& 



[Dml 



IW.] 



TRIBUTB TO OEOBGE 8ILBBSB HALB. 



46 



•tauid in its or^fiiiftl shape, it might hsTe served the Gountiy to thii 
time as nsefiilljr as its proto^jrpe, the Statate of Msssaohusetts, has 
served this Comiioawealth. In Jndge Lowell's administration of 
this kw I saw him for ten jean from week to weelc, almost from 
daj to day; and the longer I knew him the more did mj admira- 
tiott inerease for the eonstant patienoe and the untiring fidelity 
with whieh he stiors in eveiy ease to arrive at real equity and to 
neeomplish all piactieable relieL A poor debtor or a po(^ creditor 
always had easy penonal access to him. He listened to them as 
te Judges of Probate- used to listen, paternally, to orphans and 
widcwB, and like them he was resdy to advise, whenever the ques- 
tiott was not such as to require the presence of an opposing parly. 
Peihapa I have said enough about Judge Lowell as a kwyer. 
One aright go ea indefinitely. Let me at least add what Whittier 
wrote about another : —> 

•• gulled la ito rabOest wUet he knew 
Am! owned the higher ends ci Lawi 
gtiU roee majestic on hie view 
The awful Shape the schoolman law : 

«Bsr home the heart of God; hervoiea 
The dioral harmonies wherebj 
The stars, through aU their spherse, re joise^ 
The rhytlimie rale oC earth and skj.** 

We sometimes hear it asserted that the Bar of the present day 
deteriorated. Even within a day or two a tempest of diBcus- 
alon has been raised by the declaration of a learned judge that the 
praetioe of the law had ceased to be a profession and had become 
a Bwre bunness or trade. I do not believe this. I should be 
actiy to brieve it On the contrary, I believe that in all parts 
of our eountiy where scholarship is of any account young men 
acme to the Bar better equipped than ever before; that among 
lawyers in active practice the avenge of intellectual qualification, 
of acientifie learning; and of genend ability, is as high as ever; 
and thati with the simpUfieation of procedure and the abandon- 
it of antiquated technicality, cases are tried with more common* 
now than fifty years ago, and justice is, upon the whole, 
better wnmght out Still it is probably true that the most impor* 



oiganizfaig and defending, or in the attacking, of great combina- 
tions of Capital or great combinations of Labor; and that his inti^ 
mate association with the enterprise in hand has sometimes a 
mercantile aspect The faculties he employs are the same as of 
old, but the conditions of his work change the atmosphere. Cfoilum 
non animuM mutant. But this modem atmosphere, if I am right 
in recognizing its existence, was never breathed 1^ John LowelL 
He was of too old a schooL He never bore, either in his earlier 
or his later days at the Bar, the attitude of putting himself into 
partnersliip with the business in hand, but was content to be, 
almost judicially, the adviser of his client, the adviser of the 
Ck>urt, the adviser of the jury. 

One sometimes hears the question asked 1^ dderiy persons, 
who remember the great names of two generations ago, ** Who and 
where are now the great lawyers?^ Perhaps, Mr. Presidrat, you 
would at once answer, ^ On the List of Honorary Members of The 
Ck>lonial Society;** and the answer would be fair enough. Still, 
the question is significant Periiaps the true answer is that there 
are fifty great lawyers now, where there were five of old; and that 
no one, aa of old, ^sticks fiery out indeed ** in comparison with 
others. I cannot but think tiiat in the old days there were certain 
men who stood in a different relation to their clients, to the public, 
and to their brethren of the Bar, — in a position a little apart 
from and above the rest, —which difference of kind as well as of 
degree does not exist now. To these men of an elder day, as I 
remember them, I always seemed to find in John Lowell a certain 
relationship. 

In a profession happily not allied to the law the Germans speak 
of Mendelssohn— who had stronger birthmarks of descent from 
the great composers of an eaiiier generation than have most of the 
noted musicians of to^y — as one of the iwtfotm. So we may 
remember John Lowell, — if not one of the heroes, at least one of 
the sons of the heroes. 

Mr. Pmup H. Sbabs paid the following tribute to the 
memory of his friend and classmate : — 

Mb* Prbsideht: I should not say anything on this occasion it 
I had not underrtood that the speaking to^y was to be wholly 



4$ 



THB OCfUOmAh 80CIETT OF MAMACHUSBTn. 



[Dw. 



lafoniiil And not requiring preparatioii. (Hhen will speak more 
•t large. In what I hare to say of Oeorge S. Hale I shall oonfino 
aijwlf mainlj to one pointy namelyt — the character and influence 
of his profes^onal practice. 

When I was a student of law in the office of the late Hon. 
Charles G. Loring of Boston I heard many conversations between 
him and the late Judge Benjamin R. Curtis upon the importonce« 
and the means, of maintaining the high character for integrity, 
. honor, and fair dealing of the legal profession in Boston, and upon 
^btB necessity of frowning down any appearance of questicmable 
pnctices at the Bar. These two gentlemen were then leaders of 
te Boston Bar and maintained effectiTely in their day its high 
character* 

At a somewhat later time there came to the Suffolk Bar from 
other Counties and other States practitionerB of a different kind ; 
bat still the high character of the Bar in Boston was well maintained 
by the ezanq^e and influence of such leading lawyers as Sidney 
Bartlett, Richard H. Dana, Francis E. Parker, William O. Russell, 
Charies Theodore Russell, Judge Hoar, our late associates Judge 
Lowell, Oeorge O. Shattuck, George S. Hale, and Darwin E. Ware, 
and oCheiB, not to mention any now living. All the men whom 
I hare named were graduates of Harvard College and had had 
their characters developed under the influences of that Institution 
and under the ministrations of such men as Henry Ware and James 
Walker; and all had practically taken for their motto in life the 
motto of the Cdlege itself, — ^ Veritas.** Among these lawyers 
the influence of the example of Mr. Hale — especially in the later 
years of his life — upon tiie young men coming in groat numbers 
annually to this Bar was 1^ no means the least 

I remember very well the trial of a case in the Supreme Judicial 
Court for Suffolk in which Mr. Hale was Counsel on one side and 
Darwin E. Ware on the other side, and in which I was summoned 
as a witness by both sides. I watched the trial from beginning to 
end and was impressed by the absolute fairness shown by the 
Counsel on both sides throughout the trial What Mr. Hale 
Aowed in that ease he showed in his practice generally, and ita 
inflaenoe upon the Bar cannot be over-estimated* 

The Ugh chaiacter of the Boston Bar has been, and is to-day, a 
maMIBmg fMlor in the high dvQisatioii of Massaohusotts, and a 



18D7.] 



TBDOTB TO JUXXIB LOWBLL* 



47 



most powerful influence in elevating and sustaining the dvilisatioa 
of the whole country. In my opinion the maim ^^tm^ ^f ^^ 
naUonal character and civilization depends more upon the mem- 
bers of the 1^ pixrfession than upon any other men or agency 
whatever. 

I ought to say further that Mr. Hale held his legal aUUties and 
acquirements as a trust for the good of humanity, and theief oie he 
was always ready to render gratuitous service to any important 
educational, charitable, or philanthropic cause that applied to him 
for aid. 

Mr. Hale was a member of the Harvard Class of 1844 which has 
always been noted for its strong Class feeling and for the friend- 
ships prevailing among its members. This feeling was cherished 
by none more highly than by him. He always attended the meet- 
ings of the Class, and contributed his share in awakening those 
enthusiastic emotions and sentimentB always aroused on such 
occasions and in perpetuating those friendships which never grow 
cold. 



Mr. Jomr Nodu followed Mr. Sears, m these words : — 

Much as we feel hi every way the loss of our bte associate 
Oeoige S. Halo, it is perhaps at a time like this that we realize it 
with especial vividness. We miss the ever ready tribute which he 
was w<mt to bear, with such grace and delicacy, to the memory 
of those whose vacant places appealed to us as we again came 
together. No one who has heard him speak on such occasions, or 
at the meetings of the Bar, can forget the just appreciation, the 
calm judgment, the scholarly felicity, and the fitting expression so 
characteristic of all he said. The List time, I think, when he thus 
spoke, was at the meeting of the Bar, huit summer, in the United 
States Court, on the death of Judge LowelL To-day, we bring 
our tribute to him and to the one of whom he then spoke, — our 
late associate and our first Vice-President 

This is not the time to attempt to speak with any fulness of 
such a career as that of Judge Lowell, —one of service in so 
many capacities and idratified with so many interests. I can but 
touch here and tiiere upon a few out of many chanusteristics, and 
leave it to your memoviesi hi that freshness el recolleetkn whidi 



48 



TBE CCfUOfKlAL •OCDBTT OV yA8MOHUftgPJ8> 



[Dia 



death ahrqrt hringi, to fill the gi^ What be was to thb Sodetf 
we all knoiTt —and what the loes his death has brought to us. 

Jvdge Lowell's poblio senrioes were many and most impor- 
tant A judge in the Fedend Courts for nearlj twenty yeais« 
bis deoisioos bare beoooM a part of the law of the land, — well 
graiiDded, sound in jodgment, impartial, keen and clear. Foil of 
sturdy ooramon<«ensey independent, of absolute monl integrity, with 
the eoomge of bis conTietions, he foond — as was onoe said of 
bis decisions — the estaUisbed law, as he constnied the authorities, 
eoineident with justice as he understood it. Learned not only in 
the law, but in the workings of human nature and in the eternal 
princqdes of right, he filled his hig^ phMM with bcmor and dis- 
tinctioo. 

Upon his retirement from the Bench, Judge Lowell resumed 
the practice of law, and, at his death, left behind him a r^mtation 
as a lawyer not inferior to that which he had gained as a judge* 
Indeed, he may well baTC been considered the leader of the Boston 
Bar. 

Of the Bar Association of Boston he was one of the leading 
ibeis. l^oe President for two years. President f<» three, a 
iber of its Coondl from tiie time of his admission to his death, 
be did much in shaping its policy and guiding its administration* 
Kot among the least of his senrioes were those before the Legisla* 
tme in the hearings touching amendments of existing laws (Kt 
new legislation. As a dtiien, he was full of public spirit, alire 
to ereiy issue of the day, ready to take his part and to giro the 
weight of his influence and serrice whencTcr he felt that right 
and prop i iety demanded it and the public weUue would be pro* 
moted by his pies e uce or by his Toioe. 

For two terms be was a member of the Board of Orerseers ol 
Hanraid UniTeisity, iHiere his lather was, for forty yearn, a mem* 
ber of the Coiponition; and, had he been willii^ to accede to the 
earnest wishes of the College and its gmduates, his senrice would 
bate been indefinitely prolonged. 

The aneestnl distinction of his hrnUy lost nothing at bis bands, 
and he, with ethsn of this genentkm, well sustained that often 
wcighlgrbordsny— the honor and lespcneilality of an illustrioos 



18S7.] 



RKMABOT BT BST. BDWABD a POBXEE. 



i9 



Mr. Samuel Jodnsok spoke of his long acquaintance 
with Judge Lowell, which dated from their school days, 
and remarked upon his extreme ocmsoientiousnesa. He also 
died some interesting and diaracteristio inoidmts in the 
later life of our associate whidi illustrated his exalted sense 
of justice and honor. 

Tbe Bev. Edwabd 6. Pobteb, having been called upon, 
said:-— 

Me. Presidekti It is not often that we can record a Tisit 
from a descendant of a British officer known to have been in 
acUon at Lexington, Concord, and Bunker HilL Twice this 
has happened to me in former years, and now a third case can be 
reported. 

In the month of September last, a letter from Commander 
Ooodrich of the Naval War College at Newport informed me that 
Lieutenant-General George Digby Barker, C. B., (Governor of 
Bermuda, was then in Newport and would shortly come to Boston, 
hoping to see the places once familiar to his grandkther, Lieu- 
tenant John Barker, who was staUoned here from 1774 tiiu 1776 
as an officer of the Fourth, or King's Own, regiment Accord- 
ingly, I made an appointment to meet General Barker, and I soon 
found him to be unusually well inf onned in regard to all Revolu- 
tionary events, though be had never been here before. I confessed 
my surprise that such a hale and vigorous gentleman was only the 
grandson of a man who fought here so long ago, but he told me 
that his grandfather obtained his commission at a very eariy age 
and was but a youth when he came out to America. And, in- 
deed, 1^ a little calculation of yearn, one can see how it is quite 
possible. 

General Barker was accompanied by his aide-de-camp, Lieu- 
tenant H. £. Piatt, who went about with us to most of the plsces« 
We visited the Old South, the Old Town House, and Faneuil 
Hall, and then went over to Bunker HilL The day was uncom- 
monly fine and the greensward on the embankments seemed as 
fresh as in June. We stood tof s(mie time on the upper coraeis, 
studying the situation, laying out the line of the intrenchmenti^ 
and, by the aid of a map, locating the place of the attack 



^ 



60 



THB COLOVIAL flOCBTT OF MAflflAOHUSETIS. [DtO. 



WiUi the tiained eye of an engineer, the Oenenl soon eompre* 
liended the Tirioos moTementi of the battle and made several 

entries in his note-book. 

I then inquiied whether onr guest cared to nndeigo the fatigue 
of ascending the Monument, fearing that, as there was no •*Hft," 
1m might oonrider it too formidaUe a task. But he assured me 
1m was quite equal to it, and said he must certainly go to the top. 
8o we entered our names and slowly proceeded, stopi^g at each 
of the narrow Inteistices to get the erer-widening view. We were 
amply rewarded, fw at the top, as nowhere else, we could see the 
whole area corered by the hostUe armies, from Dorchester HeighU 

and Rosbuiy around by Cambridge and Medford, while Copp's 
HiU and Molten*s Point and the two rirere were immediately 

belowus. 

The tide being high. General Barker naturally inquired why 
his ••people- did not send the ships up the Mystic, and prevent 
te formation of the line at the rail-fence. He was soon satisfied 
when told that the fine broad river was largely mud flats at low 
water. He then asked me why General Gage failed to occupy 
Charkstown Neck, and so cut off Prescott*s retreat I told him 
of the discussion oo that point in Gage*s Council of War, and of 
the strong, though ineffectual, arguments that were presented in 
Uror of the plan. Here our guest gave his unqualified opinion 
tfiat that was the thing to have done. 

The next day Genend Barker virited Lexington and Concord 
wader the escort of our associate Mr. Theodore F. Dwight of 
Kendal Green. He also inspected onr PuUic Library, Harvard 
Univei^ty, and the United States Arrenal; and on leaving us for 
Bermuda, he sent grateful e xp res si ons of tiie rare pleasure which 
this visit had afforded him. 

lu this connection I may refer to the Diary of a British Officer 
bk Boston in 1776, which was pubUshed, with an introduction 1^ 
the late Richard H. Dana, Jr., in the Atlantic Monthly for 
April and May 1877. Mr. Dana UAd how the manuscript had 
oome into the hands of his daughter bearing no signature, but 
giving evidence that it was written by a Ueutenant in the Light 
lafyitry company of the Fourth regiment Careful investigation 
loineed the list of pcvible authors, they thought, to two, Lieu 
Thoare end Hamilton, boA ol the Fourfli> Butayearor 



iier.] 



BmAUCa BT UV. mWABD O. FOBXEE. 



61 



two later Miss Dana applied to the British War Offiee, and obtained 
information wliich left very little doubt that the writer of the Diary 
was Lieutenant Jolm Barker of the same, King*a Own, regiment, — 
the grandfather of our recent guest. Thorne and Hamilton were 
ruled out, because it was found that they were not in the Light 
Infantry company as the writer certainly was. He could not have 
been an ensign, as ensigns were not attached to the Light com- 
panies. Gould and Barker were the lieutenants of Captain 
Balfour*s company in April, May, and June, 1776, and Balfour, 
who is mentioned in the Diaiy, commanded the Light company 
of the Fourth. Gould vras wounded and taken prisoner en the 
nineteenth of ApriL' 

It is not quite clear how Lieutenant Knight (who was killed) 
came to be in the expedition to Concord, as he did not belong to 
the flank companies; but subalterns were liaUe to be transferred 
from one company to another by order of the regimental com- 
mander; and, as Gould appears to have been in conmiand of the 
Light c<mipany of the Forty-Third that day, periiaps Knight was 
ordered to take his pU^e in the Fourth. The best men from the 
whole regiment were selected for the Light company, and to be in 
tliat or in the Grenadiers was a special distinction. Lieutenant 
Browne is excluded horn the authonhip of the Diary, as he was in 
the Grenadiers. 

Bluoh credit is due Bliss Dana for her enterprise in securing 
this Diary and in ascertaining its authorship. In the winter of 
1876-76, she attended a class in American history conducted by 
Mr. Hale, who urged upon the members the possibility of so utilis- 
ing the Centennial enthusiasm as to bring to light original docu- 
ments that might be lying about in private families utteriy forgotten. 
The Siege of Boston, he said, needed further illustmtion, and 
especially from British sources, which had yielded us very little 
as yet. Bliss Dana mentioned this to her cousin, Miss Daggett, 
of New London, who chanced to be visiting her, and who was one 
of a committee to collect relics for the Philadelphia Exhibition. 
On her return, she called upon two ladies,' the dau^tem of Gen- 
end Burbeck, an artillery oflbm of the Revolution. Th^saidthey 

> Hit Mine, by the imy, wm Edweid TboroloB Ooald, aot T h o n i l— , m H 
If tometioMe printed. Mr. Seal! epeeks ci Ua and Ui leQew oSleew In The 
£ve|3rnt In Amarien, 

• 111m Dmm aUtee tluit Mlai Bi«falt*i eall waa npan ei^jr 
Barbeek*a dan^tanb— Mln Ckarioita 



aneaf Ganafnl 



s^ 



St 



TBM OQUnOAL flOOOEIT C9 lIASSAOHCSETnU £DlO. 



hid tent sU their falher*8 papen to Coloiiel Asa Bird Oardioer 
of Wctt Pointy who was writing a history of the American Artil- 
kiy. Thej had nothing left^ they said, hut an old manuscript 
which was found among their father*s papen and thrown aside as 
having no conneeUon with him. This they aUowed Miss Daggett 
to see and to forward to her cousin for inspection. It proved to 
be the very thing that was wanted, and gave great delight to Miss 
Dana and Mr, Ilale, who, with tiie owner*s consent, offered it for 
poUicatioo. Mr. Howells, the editor of the Athmtic, aoceiited 
it for the foUowing year wiUi the privU^ of eliminating such 
portioos as he considered unimportant. 

Miw Dana now purchased the Diary and prepared some exidan- 
t^barj notes. She endeavored to learn more about the writer, 
whom she then supposed to be Robert WiUmott, as that name was 
written upon the document; but she so<m found that Willmott 
was an American officer, while the Diarist was in the King*s Own 
regiment and in the L^i Infsntry ccmipany. An examination 
of the British Army Lists, which could then be found only at the 
Astor Ubiary, showed that Barker was transferred, 16 January, 
177d, to the Tenth as Captain. The Diary does not mention this, 
and the infeience was that he was not the writer, though it was 
noticed that then were no entries between 20 December, 1775, 
and 2 March, 1776. 

The maniMcripi was also deficient in having no account of the 
expedition to Lexington and Concord. The only expUmation ci 
this was that the writer was too busy to describe it. A closer 
impeetaon, however, showed that the Diary was paged in tiny 
figures, so small and &ded thai they had been overlooked. Four 
pages (two sheets) were thus found to be missing. Inquiry was 
Bide of Miss Burbeck, who replied that she had nothing more. 
Miss Dana then wrote to Colonel Gardiner, asking if by any pos- 
sibility the nussing leaves had come to him among the Burbeck 
pepen. To her great joy they were found and returned to her, 
Wingfiy the longed-for narrative of the nineteenth of April, -~the 
fullest and most important part of the whole Diary. 

This was all that was known when the document was published 
inlSTT. Cokoel Gardhier, however, suggested that it might have 
been lost by the writer and captured by Willmott at the evacuation 
of PUhdelphia. By the advice of Mr. Samuel A. Dndce, applica* 

tfaroui^ our minister^ Mr. Pierrepont, to the Right 



1007.] 



BBXABKB BT BBV. SDWABD O. FOBTBE. 



M 



Hon. Oathome Hardy, Secretary of State for War, for information 
regarding Lieutenants Thome and Hamilton. The reply was that 
they were neither of them in the Light Infantry company. Our 
friend now seemed to be more at sea than ever^ but she was deter- 
mined not to give up the searoh, and so she prepared a list of 
eight definite questions and sent them to the War Ofiice for 
answers. After considerable deky, caused by their being sent to 
tlio King*s Own regiment, then stationed at Gibraltar, tlie Office 
sent her veiy courteously two sets of answers, — one from the 
Regimental, the otiier from tlie War Office, records. Fran these 
answers she constructed the theory that Lieutenant John Barker 
must have been the writer of the Diaiy. llie fact that he 
was transferred to the Tenth in January was no objection, as the 
entries made no mention of the Fourth after that date; and 
the long Uank alluded to was probaUy caused by his new duties 
as Captain, leaving him no time for writing. Barker*s father died 
that same month of Januaiy, though he does not allude to it; 
but news travelled slowly in those days and the items are all very 
fragmentary toward the close of the Diary, which ends at Halifax 
20 April, 1776. 

Having thus estaUished the authorship to her satisfsotion. 
Miss Dana sought to obtain information from some of the Barker 
family. She stated her case in the English Notes and Queries, 
but received no reply. She then sent inquiries to several officers 
bearing the name, and had two or three answers, one being from 
Colonel 6. Digby Barker; but unfortunately he liad nothing in his 
possession known to be in liis grondfather*s handwriting, though 
there were some of his sketches of the defences at Philadelphia. 
The Barbecks had never heard their father mention either Barker 
or Willmott, and had no idea how the manuscript came into his 
hands; and Colonel Oardiner found nothing among his papers to 
shed any light upon it A few facts, however, point to a theory 
which seems conclusive. Burbeck*s father ^ was an engineer in the 

1 TnnUmBiirbeek,aoiiof ]MwaHMidMtrthaBiirbeek,WMboriii«Bort<Ni 
S3 Jnlr, 171S (Bontoii Town Beoordu) ; htq^ihwed Hi Kiiig»t Omfiel 4 OoCober, 
1721 ; married Jemshs Gloter, of Boston. 7 October, 1740 (King's Cbspri 
B^glstars); tnd Imd semi ehndron beptiied Ai Christ Chnroh, anons tiMB 
Heniy Borbeek, S Jnne, 1754 (Clirist Chni^ Registers). 4Sts Foote's Aanali 
of King's Chapel, iL 187, 1S8, 600; smI New Enf^tatd Historieia sn4 Qnm^ 
logical Register for 1S49, iU. 101, smI for 1058; ziL S5L 



M 



THB OOUnilAL B UUIi r g or MAMAOHUSEnS. 



[Dbc 



British terrice befoie tiie limldng out of the War, and stationed 
at Cbstie William^ having frequent intereourM witii the officers in 
Boston. The son was bom here in 1764, and was naturally 
acquainted witii many of tiiem at tiie beginning of die Siege. It 
was not long beforo boUi escaped, — tiie father becomiog Lieu- 
tenant Colonel, and Uie son Lieutenant in the Oridley-Knox regi« 
nent of artilleiy. At the evacuation of Philadelphia the Fourth 
and the Tcntii re^ments were botii there, and the Tenth, in which 
Barker was Captain, was the Uwt to depart the City, having to 
eorer the retreat The movement was a hurried one, and as the 
oideriy-book at Oeneial Headquarters was left behind we can easily 
believe that this Diary shared its fate. Lieutenant Willmott of 
Captain Doisey's Company of tiie Maryland artillery — the fiat to 
enter the city — probably found it Willmott and Durbeck must 
have met not long after, and, as the Siege of Boston was a much 
mere interesting event to the latter, Willmott doubUess let him 
have the Diaiy. There are scrawls* on the back of it showing that 
its possessor had something to do with a company from Baltimore, 
which was Willmott*s home. Incidentally I may add tiiat this 
Willmott*s brother William is said to have been tiie last man 
wounded in the Revolutionary War. 

Under date of 18 January, 1776, the Diarist mentions a meeting 
of The Loyal and Friendly Sooie^ of the Blue and Orange, to 
which he belonged. Mies Dana pursued this clue also as far as 
she could. The British Museum had the constitution, rules, and 
list of original members of the Socie^, — which was founded by 
officen of the Kbig*s Own in commemoration of the Revolution of 
1686 and the accession of the House of Hanover in 1714, —but 
the list does not include the members of 1775. 

This unique story would not be complete without a final word 
eooceming the elusive writer, whom we have at Uwt hunted down 
and invested with a distinction in literature which he never antici- 
pated. Lieutenant Barker was the son of Admiral John Barker,* 



*lks 



I of CtenMBt Skerratt was dM tmwM on the Diary. Howts 

jfleer of tht tame ragbMataoWinmott sad sbo from Msqrbuid. 

Ba'aAwwaid bdonfod lo the Mstylsiid flodilj of tbt Cfoelnasti. 
• Qcnflial IMnr ksi tbo Adafaraft portrait, paioled Vy SB ' 
hidoisnotiiMaibor. 



1897.] 



HISTORICAL aooiBTina or mabsaohusbrs* 



66 



who was third in command at the taking of Havana in 1762. 
The son married Caroline, daughter of Lady Henrietta Conjen, 
whose sister, Lady Juliana Fermor, married Thomas Penn of 
Stoke Park, Bucks, son of William Penn, one of the hereditary 
proprieton of Pennsylvania. These ladies were daughten ct 
the fint Earl of Pomfret Lieutenant Barker, as we have seen, 
afterward became Captain in the Tenth and finally retired as 
Lieutenant Colonel of the Twenty-seventh, and lived at Clare 
Prioiy, near Cbu« Castle in Suffolk. This estate is now 
held by (Seneral Barker, who told me that when he leaves Ber» 
muda he hopes to enjoy some degree of leisure in his ancestral 
home. 



Mr. Akdrxw McFaelakd Davis 
of these Histcnrical Societies in Massachusetts : — 



LTVK mSTOBIGAL SOdETV. 

An organisation with this title was incorporated 27 April, 1897, 
for the purpose of investigating, recording, and peipetuating the 
Ustofy of the town of Lynn, and odleoting, holding, and preserv* 
ing documents, books, memoirs, relics, and all other matten illus* 
trating its histoiy, or that of individuals identifled with it. 

HOLnnOOK HISTORIOAL SOCXETT. 

A Socie^ known by this name was inoorponted 89 Septembert 
1897, for the purpose of collecting and preserving such publica- 
tions, manuscripti, pictures, memorials, and specimens as may 
illustrate local and general history, and proriding a safe rqpositoty 
for the same.^ 

> A seiMslogioal Society ealledtboSociBTT OP DtacssfDAvrt op WALtta 
Aixsir wis inoorpofated IS Jn^, 1807. Among tbo deobred parpoceo of 
tbo Soeieiy were thoee of ••foriheriiig hittorieal sad senesloglosl rateerch." 

Tns Rayvram Pubuo Libs asy wm inoorponted 22 October, 1807. To tlie 
general fiinciiont of a Library wore sdded, in tlie list of porpocee of the corpora- 
tion, Mpraiaoiing sntiqwuriM, hldoricsl tod litersry parpoeec aamif the 
inhiMtaats of esld Raynham." 

Among the rellgioac Sooieaas i a eorpo rate d in liS7, ie Ttaa SmmrAtP 
MW* PaoaaaesivB Vmom Crocn, wkloh rsceirad its C i rlli i H i of ' 



» 



THB OOlUmiAI* SOdBTT OF XASSICHITBETTB. 



[Dbo. 



On behalf o( Mr. Abxbe C. Ooodbll, Jb., who was 
avoidably absent, Hr. Davis also presented the following 
commonication : — 

At a Meeting of tfiis Sooietjr four years ago,' I yentnied to 
ezpmi the opinion that a Resdation of the Bristol County Con- 
vention of September, lT7i, in which the members pledged their 
**ntmott endeaTonr to disooontenance and suppress all mobs, 
riolBv and broaches of the peace,** wss in keepmg with the senti- 
ment generally entertained bgr the wisest patriots and best men of 
tiie day; and I further ventuied to declare that it was doing a 
great injustice to the sober, sensiUe men who thought out and 
wrought out the problem of Independence to impute to them 
le^Ninsibility for, or sympathy with, such kwless proceedings as 
tiie aifny in King Street in March, 1770, and the destruction of 
the Tea in December, 1773. 

Since my assertioos before this Society and elsewhere upon this 
subject have been more than once publicly questioned, I have 
thought it possible that I might sometime bring together the testi- 
nMmies of contemporary patriots in support of my statements, and 
I maj, in the near future, ask that such a symposium be admitted 
to a place in our Publications. But a circu m stance which oocuned 
during our summer vacation induces me to anticipate this pur- 
pose, in part, and to give now one instance in point of such a 
character as to require that its publicataon be not delayed* 
Through the kindness of Mr. Wilberforce Eames of the Lenox 
Ubrsiy, I have been put in possession of an exact copy of a letter 
by Franklin on the doings of the Tea Party, which, since it is not 
included in his Works, as edited by Sparks, nor elsewhere given 
in print* to my knowledge, I deem worthy to be contributed to 
our printed Transactions, and I ask that it be submitted to the 
Council lor that purpose. The letter, which was addressed to 



fitioB 11 Majt 1807. The pi p o iM sC this Coqiontlpii not eiily oo ro p rohm d 
thoM OTdiMrily to be fovnd ia tiiiiikr orfAnfaniioM, b«l add theralo ''aocowv 
i^ing fcKsioM, ait, Uterary, mnsfeal, Ualorieal, and MfaaitiSo edaoatioa." 

s la Daeeoibcr, MS. Pablieatlons, L 16S, 1S7. 

• lll»lfr.CaMi had sivaa to Mr. GoodeO the copy of Fhmklin*! letter 
nfhleh ha eaaMMoyealed al tUe Itoetiag the doewaeBl was printed hi the 
Mlilin «f the Ifaw Terk Fahtte LOfaiy, L il4. 



1807.] 



LBTTSn OF BUr JAMOr FBAHKLDT. 



«T 



Thomas Gushing and three other leading patriots of Hsssachusetts, 
and, tot a time, was evidently in the possession of Samuel Adamsi 
is as follows: «> 



I reoeiyed the Honour of your Letter dated DecT SI. cootainfng a 
distinct Account of the Proceedings at Boston relatite to the Tea 
imported there, and of the Clrcomstances that occasioned its Destmc- 
tlon. I oommnnicated the aame to Lord Dartmooth, with some other 
Adrioes of the same Import It is yet anknown what Measurea will be 
taken here on the Occasion ; bat the Clamour against the Proceeding is 
high and generaL I am truly concem'd, as I beliere all considerate 
Men are with you, that there should seem to any a Necessity for carry- 
ing Hatters to such Extremity, as, in a Dispute abont PuMick Rights, 
to deetroy private Property; This (notwithstanding the Blame Justly 
due to those who obstructed the Return of the Tea) it is impossible to 
Justify with People so prejudiced in favour of the Power of Parliament 
to tax America, as most are in this Country. — As the India Company 
however are not our Adversaries, and the offensive Measure of sending 
their Teas did not take its Rise with them, but was an Expedient of 
the Ministry to serve them and yet avoid a Repeal of the old Act, I 
cannot but wish A hope that before any eompolsive Measures are 
thought of here, our General Court will have shewn a Dtepositioa to 
repair the Damage and make Compensatk>n to the Company. This all 
our Friends here wish with me; and that if War is finally to be mads 
upon us, which some threaten, an Act of violent Injustice on our part, 
unrectifled, may not give a colourable Pretence for it. A speedy 
Reparation will immediately set us right in the Opinion of all Europe. 
And tho' the Miiobief was the Act of Persons unknown, yet as probably 
they cannot be found or brought to answer for It, there seems to be 
some reasonable Claim on the Society at large in which it happened. 
Making voluntarily such reparation can be no Dishonour to us or P^Ju* 
dice to our Claim of Rights, since Parliament here has frequently coa- 
sidored in the same Light similar Cases ; and only a few Years since, 
when a valuable Saw«mill, which had been erected at a great Expenct 
was vk>lently destroyed by a Number of Penons supposed to be Saw- 
yers, but unknown, a Grant was made out of the Pablick Treasury of 
Two Thousand Pounds to the Owner as a Compensation.— I hops hi 
thus freely (and perhaps too forwardly) exp res sing my Sentiments * 
Wishes^ I shaU not ghrs Offence to any. lamsurslmsaawettt bsU^ 



THB OOLQinAL 0OOIBTT OV IffAIWIAOIIUMErA'S* 



[Dia 



wilk l ia c w A Cf iB l i fl B lo mt BAlitv CovbItt* sad flmi HoiDitil te 



iBort oTwwlltnl 

MM BMWt MnWN0 o6fTS&t 

B FmAMEMJM 

TtooxAt Cuninw \ 
Sam^ Abaju f 
Jom Havoock rEtquirm 

WiuiAM FBiixm/ 

UlUr fiMi !>' FhMklia lo a Com* Land. Fill. t-74. 



Mr. Jomr Noblb exhibited some original papers, including 
a Bin for meals and lodging famished the Jnry which tried 
the British Soldiers who quelled the Riot in King Street, 
Boston, on the night of the Fifth of March, 1770, and spoke 
as follows : — 

These old pspeis, relics of Revdutionaij dajs, have a certsin 
inlerest in themselves and in their connection with the OTonti of 
ttst period^ and also in the infonnation they incidentally giTS ns 
of the life and conditions and cirenmstances of tlie time* 

The first is the original Bill tor meals and lodging furnished 
bj the keeper of the Jail to the Juiy which sat in the trial of 
the British soldieis concerned in the Riot called ""the Boston 
Massacre.** It is made out on a sheet of paper darkened and 
decolored bj time and mde handling, with the lower half torn off 
and one comer of it missing, but with enough left even of that to 
be easily intelligible. It covers two pages, and the remaining two 
are blank. The items show that the Juiy fired somewhat differ^ 
entljr tnm tiiose of to-day. This, as will i^iipear later on, was the 
first occasion on which such a bill was incurred or became neces- 
sary. It appeals to hare been examined with careful scrutiny 
down to its minutest details, and to have gone through every stage 
with dne official formalitj and precision. The startling figures 
of Oe Old Tenor subside into insignificant modesty hi the final 
p toesss of lednction into Lawful Money, and we get a hint of the 
slats ef the eunenqr at Oat tiflM. The BOl is as follows t~ 



1S07.] 



AOOOUKT OF JOSSPH OHS, Vm. 



90 



Mr. Joseph Mayo To Jooeph Otis 
OB AcoP Of the SoMiera Tried 0/ y* S9* Beg> 
1770 

Nor.S7* To Bitkett 4 Cheese 4 SydM 

To Sappera for U Men @ ll/S 

To Lodging IS Men @ S/ . . 

To Breakfaet U Men @ S/ ' . 

To Bread CheeM & Syder 

To Sapper 14 Men @ ll/S . 

To Lodging IS Men @ S/ 

To Br^fast U Men @ S/ . 

To Bread, Cbeeae 4 Syder . 

To Sa|)per for U Men 11/1 

To Lodging IS Men 9 S/ . . 

To Breakfast U Men 9 S/ . 

To Bread Cheese & Syder 

To Sapper for U M[ 

To Lodging IS Men ( 

To Breakfast 14 M[ 

To Bread Cheese St [ 

To Pipes ft Tobacco [ 
To Sapper 14 M[ 

To LcK^ng IS N[ 

To Breakfast 14 [ 

To Sapper 14 V[ 

ToLod[ 

ToBreii{[ 

To Bread [ 

ToPIp[ 

ToSapp[ 

To Lo(lg[ 

Brought Forward 

To Breakfast 14 Men S S/ 

To Bread Cheese & Syder . 

To Sapper 14 Men e 11/3 . 

To Lo<^^ng IS D* @ S/ • 

To Breakfast 14 Men @ S/ 

To Bread Cheese St Syder 

To FIreing 8 N^ts for y« oi 

who Attended @ 7/S 



Dee. 1 

X 
X 
6d 
S 
X 



1 

) 

1 

1 . 

] 

] 

] 



X 
X 

1770 
I)eoF4 



1 
J 



69 

1^ 



O 

£i 
7 
1 

4 

7 
1 

4 
1 
7 
1 

4 
1 

[ 
t 
I 
t 
t 
t 



Tei^. 
" 
•• 17 
•• 4 
•• 4 
18 

•« 4 
•« 4 
•« 8 

•• 4. 
•• 4. 
•• 8- 



H 

• 

•• 8 

" 

M 

*« 4 

" 8 
11 

•• 8 



1 

1 

] 

1 

] 

1 

1 

1 

1 

1 

1 

1 



[ 

[ 
£99 

4 

1 

7 

1 

4 

1 



t 10 t 

** 4— 

•• 8 

•• 17 u 

•• 4— 

*• 4— 

•• 8— 



) 

J 

J 
10 



lis 
s 



4 
cU Ten' £118 •• IS «« 4 



t IS t 
•« 0— 



OQunnAL Momnr of massachusistts. \pwe. 



T^ O p wili i liBte 



Is Lswfol MoiMy itl5 



•t 



t 
[Fled] lUkMM 



If « 4 
19 « 5 

JoMph lUjo £ 16 s 16 s t 

]r A^ iMTeing Comkkrecl the 8mm 

1 poondt ifleeii ShilUngs A Sis pence old Ten' — 

] orer Charged which it Equal to 18/1« lawfuU 

]llowd A paid out of the County Treasofy the 

]teea poand Serenteen ShiUingt & Fight 

1 Ia fall to DMutfgo the abore aoooat 

Eliph^. Pond 
[ ]iiiiaiMi— 

[ ]MUler 

Boston In ft for laid Coonty on the 
[ ]rdered that the same be and hereby 
I ]nal Older on the Conn^ Treasury for 

]ight penes Lawful Money to the 

Es. Fries Cler 

Aeeont 177(1. 



The Bin bean the approrml of Eliphalet Pond, Joseph Williams, 
niid Ebeneier Miller, three of the Justices of the Court of General 
Sessions of the Peace, and the order of the Court for its payment 
«it ol tiie Comly Twaroij, signed by Eiekiel Price, the aork of 

Ike Court* 

• EuHiALBT P^nns of IWham, - farm«r.- WM •ubteqiwntly an Addf««er el 
Hatchfawm. Ue wm one of hit Mnjerty*. Jattioet of the Pesoe. appointed 4 
JsnasiT, l74S-4», and wis made a Jurtice of the Qnonunt 4 Febraary, 17«2, 

CoL Joscni WuxiAJW wet one of the wealthieti and aiort eminent dtiaens 
eC BoxbOTT ia hiidi^, acUte ia town affairs, many yeaii a Sdectman, Bepre- 
seatatife la the Geaeral Coart, Clerk of the First Paridi neariy fifty j«ari. and 

eaeef the fbienMat la the Tarioot meamirct adopted on the ere of the Rerola- 
tioa. He was the Moderator of the Town Meeting, 7 Deeember, 17«7, where it 
wae iieolTcd to «take all proper and legall measnrct to eneoorage the prodnee 
aad manafaetarfe el tWe Froriaee, and to fcmwi the aw of SoporihUtioa im- 
peitod ffom abread,- and, with Capt Mayo and otheri, apoa the Committee to 
eefidt aabaaripiieaa. Ue wae oae of a Committee appointed $ March, 177», to 
iwit ea Oeteraer Halehhwm with the peatloo el Roabary dtlawii prayUig for 
the femoral of aUtieope oat of Boitoa, and deriring «ia a peealiar manner 
le«niem''aalonlduBeat,plefaadhidignatloa at the horrid and barberaus 
astlea eemmltted there laal Monday ereahig by a party of thoM troops." On 
tte dUmnth of Befemhsr, 177S, at a meethig hild to eoarider « the bto alam* 

to isedfs thrir istoriss dfaest from ths Cmm," 



1197.] 



MntglKli PBIOBi 



61 



Joseph Otis was the Keeper of the County Oaol in 1770, as 
appears from entries in the Selectmen's Minutes,' aad from many 

he was made one of a Committee,— again hi eompany with Major Ma}-o, — to 
draw up instructions to theh* BeprssentaUre, Capt WilUam Heath, which, en 
88 Korember, reported an Instmetkm to pnq^ose aa Aet for the Support of the 
Judges independent of the Crown, and providing for the power of remoral by 
the LegisUture; and again, on this later date, he was one of a Committee to 
consider and report upon a letter from the town of Boston, inriting a commu- 
nication of sentiments ** on our common danger.* This Committee, reporting 
14 December, «*made great u n e as i n am to the mesttog." It wae dirided hi its 
Beport,— the majority seeing noiUng new hi the premises, in riew of the 
Instruction already given and the ''probability ** that the various oflidals '*aie to 
receive their suppdrt from the revenues of America,** and finding no need of 
further action ; and the minority, whose Beport was accepted, eetting oat the 
grievances, and resolving that they ** view these infringements and iunovatioae 
as insupportable burdens to which they cannot submit** At a Meeting, 9 
December, 1773,— which voted to pass over in sOenoe the soldiers «abo«t the 
str ee t s of this town, with theur arms, equipt in a warlike posture,**— he was 
appointed upon a Committee to draw Bcsolutions on the Tea Act, which 
declared ** that the disposal of our own property is the inherent right of free 
men ; . . . that the daim of Parliament to tax America is, in other words, a 
eldm of right to levy contributions on us at pleasure; (aad that] a virtuous 
and steady opposition to this plan of governing Aowriea is abeolatdy aeoessary 
to pres erve even the shadow of liberty, and is a doty every free man owes to 
his coantry.** On the twenty-sixth of December, 1774, at a Town Meeting hdd 
to adopt measures to " carry into execution the agreement aad association of the 
lato Continental Congress,** various votes were passed for raldng its quoU of 
Minute-Men, and CoL WillUms was chosen one of a Comadttse of three, with 
CoL WillUm Heath and Lieut Bobert Pierpont to «draw up the Articles ef 
Inlistment for the said Company of Minutomen.*' In a letter of Generd Ileath 
to Harrison Gray Otis, 21 April, 1798^ which is quoted by Drake. thU is spoken 
eC as *« the first eompany of minute-men raised in America ia 177ft.'' 

WilUams had been a Cofend in the old French wars, serving in the Caai- 
pdgns of 1756-1700 in Canada, and a Lake George aad to the Mohawk 
region. He was one of Us Majesty's Jastices of the Pmcc, appointed $0 Jaae, 
1753^ aad again 6 November, 1701; aad 1 October, 1773, he was made a Jastlee 
eC the Quorum. He wae bom in Boxbury, 10 April, 170fl^ the sou of Joseph 
and AbigaO Williams, and died 30 May, 1700^ at the age of 00. (Boxbury 
Town Beeoids; Drake's The Town of Boxbury, aad his chapter (xL) en Bs» 
bary hi the PTorindd Fbriod to the Memorid History of Boston, voL It) 

Baamexaa Miixaa had kmg hdd a eommissfcm as one of his Majss^ Ja» 
tieesof theFBac^hisappototmentdatfalgfromll Jaaaaiy, 1700. 

RsKBtBL Paica seems to have beea a auui tofsaerd reqasst tosB Towa 
afldrs, aad awit active, efteieBt,and peowtoeat wherever the totetasto si 

t Bestsa Bssoid Coauaiidsasrt' Bqpsffis, nUL 711 d sC 



ram coumuL mxaxrt of MiMACHunEm. 



[Dta. 



«deis ia the Raoofdi of the Couii of Oenenl SemaoB of the 
Peaee > lor leunbunement from the Coanlj Treasoiy iot '^Sulisist- 
eoce of Sondrjr poor Persons, Prisoners in said Gaol, who have cot 
the where withal to eapport themselves,** as well as for many 



He WM lor auuij jwii Chaurmaii of the Boanl of 
MeetBMB, and eenred on inDameniUe eommiUeee of importaaoe, often wiUi 
naBCoek, AdMiii» Wanen, and other leading citiaeni. (Reports of the Boetou 
Beeord Conunieekmera, zri* xiriii, zzt and xxri pamim.) lie wae a OMmber of 
the Cewiaitteei of Compoadenee and Safety. Ue eeeme to liave been espe- 
eially relied on In inanefaU eoneeme of the town, and thie qualitj ie reeognlied 
in the Aeto of the General Court (Prorlnoe Uwi, ▼. 733^ 741» 901.) lie wae 
a Xotary Ftablie, from 10 Jane, 1753, to 18 Janaary, 1704 (Whitniore*e Ciril 
Iiit,^ IfS), and had hit olBee on the ftiat ioor of the Old State Uonee. 
Beeping the position of Crier of the Court of Seisione, he wae H^poinled 
and ewom ae Clerli of that Court, 14 April, IHl, *• Mr. Middlecott Cooke, one 
ef the Clerhs of thb Court haring lately dyed.** (Minute Book of the Court 
ef General Sewione ef the Flsaee, No. 6 (Suffolk), 176fr-1773.) He wae also 
eneef tht two Gierke of the Inferionr Court of Common Pleas. Inliis Diary 
(pw S03X >«'•''•' to below, he saya : •• Taeeday Aug. S3, [1776] . . . . met Mr. 
Joeeph Otis,Jun.,on the road, who informed me that Uenjamin Grid^y was 
appointed one of the jndgee of the Court of Common Pleas, and that Mr. 
CMdthwait, as eleric of that eourt, oflkiated, and did business in eourt ; that 
•ereral netkme were defaulted, two against Mr. Hancock ; also that Gridley 
■uved In the sessions that my olBee he broke open to get the Sessfcm's Book, 
im^ out of It; but sonm of the other members of the court o p poee d it, so that 
it oonid not be carried; but that Mr. GoUthwaH was rery angry at my tearing 
the town, and not deli?ering the Court Book.** At the April Term, 1773, 
lor Sulolk, Md a Braintreeb <«Meesrs. Eaekid Price and Daniel Bell are 
appointed Joint Clerks of this Court, and were eadi sworn to the faithfull 
Diseharfs of their Duty In said Oflee." (Records of the Inferiour Court of 
Common PIom, zuis. 1.) At the October Term, Bell asked ••to be dis- 
charged ** from farther duty, and «Eaekiel Price is to continue sole Cleric 
«nlU this Court shall otherwise Order " (/M., p. SO) ; and thereafter the Reeords 
are attested by him. As Clerk of these CourU he served some twenty years. 
Before the Refolution he was the ConftdenUal Secretary of several Prorindal 
Goremom. He waa choeen Into the Massachusetts Hiiitorieal Society, 10 April. 
17*3, and 4«ed 15 July, 180S, at the age of 74. (1 Massachusetts Historical Col- 
Isetlons, rilL 83.) He left Boston with his family in May, IHA, and went to 
8tonghton,whershewaa all thetinw alertastoevente in Boeton. Heafter- 
ward took a howe In Doreheeter, where he renmlned tin it was safe to return, 
keepfaig up dally risHs to town. A Dtory kept by him from 33 May, 177A, to 
IS Aqgns*, 177f , eontalne much Intercetlng matter rriating to affaim at that 
II la printed In I Pk oeeed l ngsef the Mamachu sette Historical Soeletiy for 
1833, riL 18S-MI. Many ef his papera are fai the Boolon Athso- 
8m Appendix to the IJlirarlan*s Annual Beport for 1801^ pp. 8» 7. 
"^ ' yewS(8uColk),1788-m8,jm«sAn. 




1807.] 



^^J^fTADK JOSBPH MATa 



M 



cTrtH ^?1 . "^^^^^^ H*w.«*l«> Keeper of tlHi 
Ckmrt Holloa, haviiHf allowaiice. -for his time in ToS 

oIr.« *r .. ^^ ^''^ ^^^"«" ^^^ *»»• Coort.** Uealso 

lus extraorchnaiyeare 4 tioaUe in attandinir the mrB^^tw^Z 
of Justioe, for the Year past, ther haSTof ™TT ^T* 

h«i^ had a yaried field of duty.^^tTSTe SLTS^ ^ ^ 
though «ibo«linata, IwtramentS thldiJjad^^^ 
Rom these entries theie also oomes ^ttUmo^^l^ 
ditions of that day. ^'^^^^'^ttpwof theprimitiTeooft. 

Capt Josejph Mayo was a prominent eitigen of Boxbnrr whei« 
he was bom 28 Febmarv 172A-Q1 - ^V .^ '^^^owyt wners 
i^^k/rv. . vw^^^^'^' •^'~*^ ""•■«> o' Thomas and Eliia. 
Jeth (Davis) Mayo, and gwndson of the emiirnmtTL^ iZ 

JJjyo. who was brought over, ayoung ehilTn^STS .^ 

Jther. I«P«««KHi into service ^TSe of U^ 

T^i^ *!;--Pedition against Louisb^. T^^S^Z 'Z 

KstTn. .^'!?'«^'^"^ I« the stofiy time, hsforo^ 
brodang out of the Revolution, he served on man v Committoel 

i WiJ^Het; "^"^I^ ?^ later a^iSr^: 
the War. He was on the Committee of 7 December, 1767 to 

ST •I'f^rJ!, *^ Non.Importation ResoluUonr^ Sl; S 
CoL Joseph WiUiams, to ••proceed in a cool, eahn^uld stoa^ 

JT^ A • ^^^**,^*^ ^ ^^ • g«rf harmony ^dS 
betwosn 0««it Britain and her Colonies,*^t .UU i^Z 

fag of troops in Boston, -.instructions somewhat romari^hle for 
tteir cidmness and conservatism; on a like Committee 16 Novem- 
her, 1772; and agaui, 8 December, 1778, to dimft Resolutions on 
the Tea Act, wheroin it was lesdved — 

2^8Uj^ fast bth^ Liberty wherewith the ^^^ 

tSL^JJ: V,*^ ^^ with the Town of Boston and other Slater 
T^wnsln such Cooatltiitloma Heasares as shaH be Judged proper to 

Pt^erve and hand down to Pbstari^ Invlotate those laeatlaMaile Rtehfi 

* Mfainte Book, Vc •(Sniel^, 1788-1771; ^a«te. 



M 



THB cxyunriAL soonmr of uabbaobvseitb. 



[Dm. 



•ad libertte haadtd dowa to at andar FMrkteaee by oor worthy 



wl 



The Reeoid of the Trial of the Soldiers who were ooocemed in 
the affair of the Fifth of March ehows Mayo to have been the 
Foieniaii of the Jury.* Drake quotes from a letter written by 
Govemor Hutchinson to Sir Fnmcis Bernard, after the latter's 
letum to Enghind: — 

**C9|il Joseph Mayo* one of your Roxbsiy Neighbors, was fofeman 
of tks Jory at the trial of tks Soldiers. I am ameh hidined to make 
him a lUJor.''^ 

Mayo^ aoeocdingly, was aj^nted Major of the First Suffolk 
Begiinent» in 1771. He died 14 February, 1776.« In the various 
{■oninent positions in which he was placed, he seems to have 
shown himself a calm, cool, conservative, and patriotic citizen 
tiironghoat, though he died too eariy for anjrthing m<»e dian a 
share in the preliminary movements of the great struggle. 

The next Term of the Superiour Court after the Riot came in on 
the thirteenth of March. It is stated that the Judges, sensible of 
the injustice of an immediate trial at a moment of such excitement, 
at first determined to continue it over to the next Term, but, over- 
awed by the attendance of a large Committee with Samuel Adams 
and Joseph Warren at its head,* rescinded their decision, and at once 



• Drake's The Towa of Resbaiy, pp. 90-38; Memorlil Hletoiy of Eoeton, 
I.2M. 

• BoeordfoftlMSeperioorCoartof Jiidiestarebl770,zzix.88. 

• Drake's The Towa of Bosbary, p. 441. 

• Tke sathorify for tMe dato it a nuumseript in the Library of the New 
BasJiwd lUftorie Geneelosieal Society, entitled «Town and Perish Reooide 
copied sppertsinhq^ to the Femiliee of Cliild with othen connected bj mar* 
riefe, 18I7,*'^ ^ when U ie alw> stated thet IIajo*e wife was bther Kenricfc, 
bora S6 Anklet, 1798, to whom he wee married 14 Noreniber, 174fi, and thet 
ehe died 96 Aagnet, 177S. The compiler etatee that tliese fsete wera copied 
*lnmi a nMBwraadam b orrowed of lire. Eliiebeth ChikL" 

Adadaietntioa on Jbeeph Uayo'e esUle wee grented, 4 March, 1778, to 
JbeephlUyasfWaiwiskpfaithecoaBtyof Hempshha(8iaflolkFh4Nite Flle% 
VowlS^SST). 

• Cjf* The Dieriee sf Benjaada lynde and of Benjemia Ljnde, Jr., ander 
of 14 Merah, 1770, pi 104; and HateUneea'e ilistoiyof the Fkoriace of 

Bqr. iS. 988; 988. 

TevBBeeeHebriagoalBMuqrpoiBtBeeto the Riot iteeli; the 









M»T.] warm o» kaboh bioti *>!<* /» ,.. 

jMwxi xmiAL or nn soumim. 

named • d«7 to which ther •djonnied th. Cnm* ti.. . 
on the authority of HnteWi««n iT ^^ ^^ *• •*»««» 
tim TW.I. AiA . ""wnuMon." Am a matter of taoL how»,»^ 
tne Tnala did notoome on tiU the Aumut t— JT ^ nowe»w, 

•t M adjournment of it ThL-T^ ^^ ^^^ "^ •''•» *« 
or Docket The CH ti^JiT^^^*^ ^''^ "^ 

Superionr Court oul^^lXl^^:^:^^ ,\^ 
Captain Preeton.-a^ue.tgrj:'^^^^^ 

"BMt«ilIqr«|«ina 

s 



THB OOUmiAL flOdETT OF XASSACHUUem. 



[Dm. 



Trial taking place ft monlh laterJ The following is the tsxt of the 
PeCitioB, which is here printed for the fint time: — 

To the HoDoerable Jndgea of the 8aperfior Court 

Hay it please Tf Uoooers we poor Distressed Prisoners Beg that 
je WonkI be so good as to leU as have oar Trial at the same time 
with oor Captah^ for we did oar Captains Orders & if we don't OlMy 
is ComoMuid [we] should itare been CoDllne*d A sbott for not doiog of 
H— We HomUly pray Tf Hononrs that jou woald take H into f serious 
OMskleration A grant ns that faroor for we only desire to Open the 
trath before oar CapUins face for it is rery hard be being a Oentelman 
should hare more chance for to sare hto life then we poor men that is 
OUMged to Obey his command — we hope that T* Honours wiU grant 
iMs our pstithNi, A we shall all be hi dat[y] Bound ever to pray for 
Tour 



Hogfa White 
James Hartlgaa 

Hath* X Knifoy 



Dated Bofton GesI 
Oelobtrje9l*177» 



The Trial of the Soldiers occupied nine days, and that of Ci^ 
tain Pieston,* the month before^ six days. These Trials seem to 

> CspCain Pknpiitoii*f THsl begun on Wednendsy, tbs twenty-fonrth of Octo- 
ber, si eight o'clock In the morning, nnd ended on the thirtieth ; the SoMieni* 
IVIsl began on Tneeday, the twenty-eetenth of Kofember, and oontinned tlU 
tbe ifth of December. (Ite Diarlw of Benjsmhi Lynde and of Benjamin 
i^Bde, Jr., nMS4-S00.) See Foeteeript, jmt. p. 88. 

There ie a fcry mieleeding error In Kidder^ Hielory of the Boelon Msesaere 
wherefai H le eUted (pp. 19S, 105) that the IVbl of the Soldiere began on 5«#«rw 
dfaiy^ 87 Hofember, 1770^ which dMe sctnally feU on Twetthg. After mention- 
hig that H waa lm|MMible to go throngh the Trial in one day and that, by 
ceneent of eennee^ the Cowt adjourned •'over night,** Kidder etalee that on 
" W§imml^ nine e^eloek, the Conrt met according to adjonmment.** Tliin 
error oeenrred In the original editkin of the ^ Trial "printed by John Fleming 
in Boelon, 1770, and Khider blindly perpetaaled K. I am Indebted to Mice 
nsibeth H. Connollly for eamng my attention to tMe Unnder. 

• The Indictment wae drawn by the Attorney General Jonathan Sewall, bat 
hsdid not sppear,—*<dlnppeered«*'ae John Adameeald. See an Intereetiag 
Irtter eooeeriifng the IVfad hi the life and Worin of John Adami, X. 811. 

There Ie a narrow strip of paper dipped Into Iflnule Book Ko. Ot of the 
Osurt ef JaJleatuie^ eofsr in g the Augnet Term (8uffslk)f 1770, 



IW.] 



»IAL OF CAPTAIK FRWiojr. 



6T 



tion had to be daeiVUl -Tl- • . ^^ ** <"*** «» ««€•- 

prewnt time.' The noml .Sfa..*- *" *^*'y-"7 proceeding «t the 
•pedal Older ofJi^l^r ^ •r"""?'^. '^^^ • 
Raced of Captain P.S.rS2,T^ » the »a.gin of the 



V. B. 

and the SoUien. In ^ iJZTi!. iT?^ » '^^^^•^"^^•f '^^ 

'^^••touhecnyithathe-beafethe^ri^J!!! V J^^ Hefarriag lo 

^^niVtandUbiahlhrcnS!!^ 

/t —» li » iMQ ac co<nayoyKt lo pmintthe etaipsnited flsMlms ftem 



es MB oaumAL aoamr of mabbachubkm. [D«o. 

if M-Ia^T^ «- W««« ««.ent ttat the Cert ■b.U 
^rbto ComeOt bMlto *• Ofltar •ppototed by th« Court. 



ta thifc th»* the Jmy wew to be "kept together bjr proper Offloeri 
i^tTiiiJVtheCaort."' TbeBmAo^thatthero 
^two offieem, «rf tht they fi«d like the '"T. ™^r«* 
!^ in the chwge. w» for their qK»iid benefit; «nd*h«e«eom> 
wlilL of .nSort ly the Jriler to leeeen the InoTitaWa d«^ 

fttfte of tfa6 litw ut^ oP* 

Another qoertion »»e Inter, which affected J-^J J^.^^J^ 
TiwoiTt hut which gave rise to OTen mow anxious deUberafaon 
and deeper legal inTcstigation; indeed, ^^ Jf^™ *^ ^ ^T; 
rJJedM - rf Teij extenrive (>>~^ ^^S^jJ w 

SS^on of the Court of Seerions upon it is given in fuU Ijjr 
QmncT.* This, together with the reniarkstheieon.-delic«te^ 

SuS^what sharply PMBestlYe in so^ 

hj Josiah Quiney. Jr.. «i appe«. hy the Editor's Note^U^ 

Boston Gawtte, aa May. 1771. Only a brief reference. Aewfoie. 

fa^STSthel^ 
day, the Justices of the Superiour Court of Judicature, at the same 

AngustTerm. — 

^Ordmd, tiiat H be lecoommded to the Court of general Sessions 
of the Pteaos tonnke the Jurors that wete ImpannsUed and sworn Cor 
llio Trial of ThoBiss Preston, Esq.. and the Soldiers, as also ti^^ 
who kept thea. a reasonable allowance for said Serriee, said Frestoos 



«ktlMBlM|sesf hitainilils.* (Ths Dltfhs of BaBjemiii Lynds 

5rB«iiMiilaLja^Jr^PP>S9S-9SS.) ^^ ^t^ 

^Mteitto QsssUs lor Monday. 10 Deeenbar, 1770, «ntriM tte 
that - Hii MajM^ SWp 01si«oir triled Wadnerfsy for Batfsndt 

I . . • Ospt. PMsloii of the SSIli BsgioMBt.'- 

'Miuwilinnhifliii-'— ^ — *"*^ " ' .^irwL 
s|itf.nli.Mk 



1807.] TBIALS or QAPXAOT rmi BTC W AMD HB SOLDIBBae 

trisl hoUUttg six Days, and said SoUlsrs nine Days, said Jury's bsh^ 
kept to-gether OTsry night by two or ■K>re offloeis. 

Boston Decesibf 14*^ 1770. The Court is sdjoum'd without Day. 

Att SAMWunanor CEir"^ 

The Juxon consequently petitioned the Court of Sessioni. * but—* 

««ths Court baring a Doubt of their Power toocUog the Grant of the 
Prayer thereof, ordered the Petition to stand over for Argument at the 
SesrioDS in April; ... the P^er of the Court • • • was argued by 
four Gentlemen of the Bar {pro & eon) by Desire of the Honourable 
Justices of the Sessions. It seemed agreed by Bench and Bar that the 
only Power of the Sessions to grofU Monies most be derived from pro* 
winded Lout ; that ouch a Power could be derived from no where else* 
And the Question was. whether the Act of 4 W. 4 M. c. IS (8) gate 
the Court a Power to grant Monies for the Allowance before mentioned* 
The Debates aS the Bar took up the Day. And the Justices after this 
8<4emn Hearing, (only Mr. Justice Dunbar doobtlttg) were noanhnously 
of Opinion that the Prayer of the Petition of the Jurors should not bs 
granted; and the Petition was accordingly dismissed.*** 

1 Minute Book No. 01 of Uke8iip«rhrarCoartefJadlest«%*tiMlMteBliy 
hi the Aagart Term (Suflblk), 1770. 

*TheA0tof 1S03 (chap. 0). diridiog the powen ef the old Coanfy Courm 
under the Cdonlal Charter, gave elril eeuaet to the Coarte of Common Pleat, 
which were eeUed" the ConntjCourU or InferkmrCoortf of Common Pleefe.* 
end the inferior criminal ceuaee to the General S e ml on i of the Peace, « this act 
to eontinne untili other pcoriakm be made by the general court or acMmbljr.'' 

Thic was IbOowed by tiia falkr Act ef ISSS (chap^ 88) e it a bH t hln g 
« Jadiootoriea and Conrto of Jactice within tUe Pirofinee.'' Thii prorided 
lor JnaUcm' Coorti, Conrta of Qnarter ficsiloni of the Ptoace, InferkNir Conrto 
ef Common Pleaa, and «a Superlonr Court of Jndleatnre over this whole 
Prorince.'* Thla Act wac dlmllowed by the Privy Councfl, « Angort, 1S0^ 
aa not providing for the appeal of real actioni to Uie Ung hi ConncU; aa 
waa likewlM the Act, chap. 0. 

The Act of 1S87 (chap. 0) tonohlng the came Courto wasUkewIm dlaaUowed. 
84 November, less, at being too broad In one of Ito prorisiona for a trlall^ Jury. 

The Acto of 1008 (chap. 1. 2. 3). providing lor tim tame Coarta, ttood. 
(rh>vlnce Lawa, L 87, 73, 288, 887, 417, mMt,) 

By varioQt ttatatta, aathority fai many dvll mattem wat giten to the Ceait 
of Settiona, and in ito dvll capacity It had charge of hontet of correetloo. 
Ueenem to Innholdeia, hlghwaya, the general ftmmcial cooctma of the Comity, 
and many of the pretent datletof Cowily Commltthmeia. "The Jntticmef 
the Peace of the tame County, or to many of them at art or thall be Hndted 
In the commlttlon of the peaee** coottitnted the Court (Fkovfaice Lawt,L 887). 

t QohMy^b MataaehetMft Repoctt, pp. 884^ 88S. The «feor GenUeawn'* 
who signed weio the two Qalncy% Jauws Otis and John Ids m s -^lifi snd 
Worin ef Jehu AdasM (INaiy), 11. 988. 






70 



nS O0L0KI4L SOCUEfl OV 1CA88ACHU8BTT8. 



p)so. 



1807.] 



JOHN 0U8HIK0 1 PKTBB OUVBIU 



n 



\ 



These Tikb and tbeir result hare become historio. Of the 
eight soUiefs, six were acquittod. Two, MoatgomeiyaiidKillrojy 
were foimd gidlty of manshMi^ter.' 

•« Eaeh of thea pfajelh that the beaeSt of Clergy be aUow'dhioi • • • 
Mntateopoo • • • It is CoasiderBd bj the Court here that • • • each of 
then be horaed hi Us left hand, and was deUvered accofdhig to the 
fom of the Statate.'** 

The foor Judges who sat at the Irial were, Benjamin Ljnde, 
Jotm Cnshingt Peter Olirer, and Edmund Trowbridge. 

Ljnde sat as the presiding Justice^ Hutchinson baring retired 
boat the oflfee of Chief Justice after taking the head of the Oor* 
enimentt upon the departure of Crovernor Bernard for EngUmd, in 
1769. He was bom in Salem, 6 Octobert 1700* and graduated 
at Hanrard College in 1718. The seccrnd of the name to fill the 
place of Chief Justice^' Lynde came upon the Bench, 24 Januaij, 
1745^8» after some seren jears* service as Judge of the Court 
of ConuBon Pleas in Essex, baring been appointed a Special 
Justice; 28 June, 1784, and Justice, 6 October, 1789. He was also 

• A iMVt €l J«4se L^Bde^ Chwge to tlw J«7 at tlM THia of tlM SoldSert is 
liriated in The Diari« of Benjamiii Lynda and of Banjamin Lynda, Jr., ppi 
SS8-3W. ly. iUf. ^ 200, nola 2. 

• TLa Beearda of tba Snparlonr ConHof Jndicatnra for 1770 (nix) gire all 
tha Triab in fnH A Intt aoeonnt of tha THab may ba foond in tha Ufa and 
Warfca of Jolin AdanM^ iL 220-330, and lafaranoea to it in L 08, 104, 110; 
and is. 017. Hntebinaon, too^ gifaa an aoeonnt of tba Biot and tha Triak 
in Ua Hirtoty of tha Prarinea of MaiMcbMatta Bay, iiL 970-280, 289-28S, 
827-SSO. 6aa alM> Gordon'a Ilialofy af tha Anwriean Ren>hition (adition of 
I78S), L SOMOO; Edward O. Portar'a diaplnr (i.) on Tha Baffinnlng of tha 
Bavalatian, in tlM llamorinl iUMoiyof Boolon, toL iii., and Winaor'a Biblio- 
grapMaal Kola tharalo (pp. Sa-40), wMefc nfara to tha Baport of tha TriaU 
pnbHdwd hi Boalon, 1770, 12 ■». pp. 217, containing tha aridenca and aign* 
awntit wpr int a d in London in threa aditiona tha lama jaar, and in Boston in 
1807, 1024, and again in Kiddar^ HMofy of tha Boston Hassaare, Boaton, 187a 
Than ia also an aeaonni of tha Biot fai tha NamtiTa and Critical Ilistofy of 
Aasriea, H 40-68; 8S-SSL Tariona aaaonnlaof itwaiaaant**toottrfriandsin 
Bagfandt^^sasong othan^ to ** Hoo^. laana Barraa* Esq. Thomaa Pownal, 
£si. msMda Dabatdt, Eaq. IT. BanJaaUn F^aaklyn Eaq. WlUiam BoUan, Esq. 
9mkm T^naatbfcfr, Eaq.^ (Boston Baasid CoaiBihsionsfs' Bapoiia, x?iii. 1^ 
M9§ tittmf oaa ^MtasvQit, pttif pw 82. 

• Ifia osMriMian aa Chiaf -Jnsllea was dmad 91 lianh, 1771, 
OB Iha iSlh af Apiil feBawtaf. 



in the Council, 1787-1740 and 1743-1766. Of liberal yiewa, and 
inclined to the side of the people, rather tfian encounter the storm 
which was gathering about the payment of judicial salaries by the 
Crown, he resigned his seat, and was directly appointed Judge of 
Probate for the County of Essex, 15 January, 1772, holding that 
office till his death, 8 October, 1781,^ at the age of 8L' 

Jdin Cushing, likewise the second of the name in the same 
position, the son of a Justioe and the lather of a Chief Justice, 
had been on the Bench since 16 February, 1747-48, having been 
previously a Special Justice, 19 August, 1747. He was a Justice 
of the Common Pleas in Plymouth, appointed 8 July, 1788, and at 
the same time was Judge of Probate, appointed 12 January, 1788- 
89. He was a Commissioner of Oyer and Terminer for some trials 
in Nantucket, 28 June, 1748, and 9 August, 1746. He was also 
in the CouncU, 1786-1768. Ho, like Lynde, resigned from the 
Superiour Court, in 1771, and died in Scituate — where he was 
bum, 17 July, 1696— on the nineteenth of March, 1778, at the 
age of 82 years.* 

Peter Oliver, belonging, like hla associates, to a family of dis- 
tinction, was, on the resignation of Richard Saltonstall, appointed 
on the Court, 14 September, 1756. He also had had an experience 
on the Bench of the Inf eriour Court of Common Pleas of some nine 
yean, having been appointed in Plymouth County, 12 December, 
1747. From 1769 to 1766 he was also in the Council When 
Lynde resigned, he was made Chief Justice of the Superiour Court 

The provision which made the Justices dependent for their 
salaries upon the Crown and not upon the local government had 
increased that of the Chief Justioe from X200 to X400. The hos- 
tility of the people to what seemed to them an alarming and dan- 
gerous measure appears by the Boston Town Reootds;* the attitude 

> This data la takan from bis grafestooa in Salasi. II la sJsswhi ilalsd 
that ba diad on tha ninth of Oetobsr. 

• Sm a noUca of Jndga Cashing in tba Kaw EnglaBd Hislariaal and Gaaa* 
alogloal Bagistar for January, 1854, ▼ill* 44. 

* Tbiamattarof ttiapaymantof sahuieswastakaniq»ataToimlfeatingin 
Boston, 88 Ootobar, 1772i npon •• Tba sararal Mltions rabitifo to a Baport that 
Stipanda aie aflUad by otdar of tha Crown,** afos^ and a Conunitlsa— Mr. 
fianmal Adaai% Dr. Joaaph Wanan and Dr. Banjamin Cbarsh— was appointad 
••todraw i^an Addrsss to thaGofamor." Tba Draagbt anbndtlad in tha 
nftamooa aats eat ••that a Bspoft has pctfailad, whiah thsy baie laasoa to 




• . ■ ,.,'■■• », «, 

^ I ' ' - • 1' 41 



It 



TBE OOIXmiAL BOCDBTT OF KABSACHUSEnn. 



[Dm. 



oCtheJiidgwwasjealoiirijrwstchecL Olirer was ready to bcaTa the 
•torn; impeachment was threatened ; ^ juries were defiant By a 



it weD gromded, that SUpendf are affixed to the OfBoet of Um Judges 
W the 8«p«ior Cosrtof Jadiestars ot this Pkorioee, whereby they are beooms 
ladepeBdeiits oC the Giaats ot the GeMral Aieembly for Iheir enpporti contrary 
loaatieBtawl inntfiable ■nge," sod refms to the "alarm among all coasiderato 
IVnoos ... in Town and Country pt] being fiewM as tending rapidly to com* 
pleat the Sjslem of their Slarefy; " that ^ this EstaUlehment H>pssn hig with 
fetal crili,'' ami requests information from hie Eieellenoy aa to the fact. The 
Ika^t wasapprored. On the thirtieth the Committee reported his Ezoel- 
leo^li Reply "delifered to them in Writing," wherein he deeiines to answer 
their ^vsUon. A Coaunittee^^Ths Hob/^ Jamea Otis Eeq^ Mr. Samuel 
Adaam and The Uon*^ Thomas Cashing Esq."— was thea appoiated to •pre- 
pare a IVtItloa to his Exoenency," rebtive to the meeting of the General 
Ceurl The draagfat of tUe Fistition, at onoe reported, again rerMts to this 
matter, setting forth that xSueh an EetaUishment is contrary not only 
to the plain and ob?ioua sense of the Charter of this Phyrinee, but also some 
«f the fundamental Principles of the Common Law," and entering at length 
InAo the subject The Repfy of the Goremor, preeented 2 Norembert refers 
only to the aseeting of the General Assembly. The action on this Reply is 
vigorous and spirited. 

On the twun^-third if Maiah, 177S, the matter again came up, and the 
Rsport ol Samuel Adams is an elaborate discussion of the whols subject, and 
if the right ol petition, generally. The " Report was accepted by the Town 
mmkte tmlradkgiUe, and Ordered to be Recorded on the Towns Rook, ss the 
aenae of the Inhabitants of this Town;" and also to "bs printed in the several 
JSiewB FqierB," and tran s mittad "to such Towns and Districts as they hafa or 
amy Corrsspond with." 

The amtter again appears in a Town Ifeetiag, S6 Jaly. 1774, whea a Com- 
mittee — Joslah Qaincy, Esq., llr. Samuel Adams (afterward excused), Joseph 
Cwanhisf, Esq., and William Phillips, Esq. —appointed - forthwith to draw 
up k report . • • a Letter to be seat to the other Towns, relative to the 
Two BUIs fsr Altsrii« the Constitution of this Phnrinee, . . . Reported 
a Dnwght iHrfch was aeoeptad nwagraph by Paragraph," one of which 
«* Whsa wu ooasider the Conduct of our late worthy House of Ref^ 
ralatifu to our S u perior Coart Judges, k their Impeachment of 
the Hoa^ PMer OHvar Eeq. for his acceptii« a Salary from the Crown, in his 
OAca of CUsf Jastiss^ ft whsa wa aonsider the uniibrm Spirit and Conduct of 
Gran d Jinrata thro' the P rov in ce, Touching the same Grievances 
aqnaehment; wa cannot but suppose the aforementioned Acts will 
asaamstimpofftaatftdseisivoTyiaL" (Bostoa Reeord Commissioners* 

zviiL aa-M^ la^m, lai^ lax.) 

* AaSaOllfUi^lmpsashmsaitsts-tSseRanativoandCrltiealHIstofysf Amer- 
JHW^li^and tha aathssRiss thsia eitsdi Ufa and Works of John Adama, 
i US; tt. iUf and niilill mi^ Uslafyif the Pkoviasa af 



1107.] 



PBTBR OUVXRt 



7t 



Bescdve of 14 Februaiyt in4t the Saperionr Court to be holdan M^ 
the morrow ** waa adjourned to the twentjy-aeoood, or to the aer- 
enteenth, aoooiding to one record and aa given bgr Hntchlnaon* aa 
grave ohargea in a lemonatranoe and petition from the Houae were 
pending before the Oorenior and Council, againat Oliveiv and it 
waa uncertain what opinion and resolution the Chief Juatice migbt 
have formed or would form aa to the propriety of hia sitting and 
acting in the Court* The Governor, however, withheld hIa ceo- 
aent to the Reaolve, and the Court came in on its regular day, 16 
February,* with onlj Trowbridge, Foster Hutchinson, and William 
Cushing on the Bench ; and thereafter fc» the next two auoceaaivo 
terms (Middlesex and Worceater) onlj the aame three appear. 
William Browne waa added at the next term (Essex), and the four 
namea appear for the next two terms (York and Cumberland and 
Lincoln). Finally, at the next (Suffolk) term, 80 August, 1774, 
Chief Justice Oliver again appears at the head of the sitting Bench.* 
He also appears, for the last time, at the Februaiy term (Suffolk^ 
which waa the only term held in any county in 177& The Recofd 
of the term consiBta of two pagea, and atopa abruptly without ad- 
journment or further entry, containing only the caption and the 
record of a aingle caac^ 

Removed by the Revolution, Oliver left the Province, in 1770, 
at the Evacuation of Beaton, — where he was bom 26 Mareh» 

Bey, iii. 443-44& Hntchinsonrefenatlength to theettitadeolthe Judgee — 
and espedslly of Thmbridge — on the queetion of Sakiy. nu, liL 443. 

* Court Beeords at the State House, zzz. ISO; Catalogue of BeosfdsMidFUea 
hi the OAee of the Clerk of the Supreme JudiehU Court, p. St. 

' As some confusion exists in the sereral records at the Ststs Houss soa» 
ssming the dates of this Term of the Court and the adjournments theiuo^ ths 
loUowing extracts liom ths arohiresoC the Superior Court of Judieatma aia 
here printed: — 

"T^MMajIMpy lack the Couit met and a^louni'die'nNsdrflrtfuaij !!.•<* Otm 
gioal entrjr ia lOaule Book No. SS (Suffolk^ 177S. in4.) 

"TMajPebrss^ The Couit met A adjomu'd te the Snt TWsii^ sIJms nsit 
St IOo*ciocka. m. kaviag ant aabmed Judgm> on the above Cnmalsim^ exmpt Ke^ 

Juae 7tk 1774. The Court met aeeoidfaig te a^oummsat, and on the sums diw 
a^Joumod without dv- (nu.) 

• RecQids of ths Soperiour Court of Judicature 177a-1774, jBifi. ISl-Saa. 

« /M. 177U778, xxxiiL 1 ; Gatakfus ol Bseoffds snd rae% sito*, n. SA, sad 
the IDauts Books thsiaiaeitsd. 



74 



THB OOUnriAL BOCDBTT OF MASSACHUSKm. 



[Dm. 



im.} 



XI 



> 



1718,— and died in Binningham, England* 18 Odober, 1701, at 
the age of 79l The h»t of the Chief Joetioes nnder the Cfown, a 
Lo3ralisl by birth, education, and instinet, a man of courage, finn- 
neea, learning, and chaiacter, and an able niagiairate, there ia a 
aoinewhat dmmatic iltneas in the doee of his connection with a 
Court which, since the beginning of the Province, had been one 
of the chief impemonations and embodiments of lloyal authority. 
Like Ljnde and Trowbridge he was a graduate of Harvard, — 
hia Cbas being that of 1780; and Oxford gave him the degree of 
D.aL. in 1776. 

Edmund Trowbridge, the youngest of the Bench in service, 
was appointed, 25 March, 1767, to succeed Chambers RusselU 
who had ^ed in England, 24 November, 1766. He had been 
Attorney General > from his appointment by Shirleyt 29 Juno, 
17411, to his judicial promotion. lie, too, was in tiio Council, 
in 1764 and 176& Though of Loyalist proclivities and inclined 
to the side of prerogative, his louning, ability, and character 
insured him the res^iect of the people. He resigned his seat 
on the Bench in 177& His name is identified with our system of 
^>iMMnrtw LafT. His career at the Bar was distinguished, and he 
was said to command the piaotioe of every County which he 
vIritecL 

Trowbridge was bom in Newton in 1709,* the son of Thomas 
and llary (Ooffe) Trowbridge. He graduated at Harvard Col* 
1^ in 1728. His mother was the great-granddaughter of Edward 

> For Ml Meoniit of the oootrofertj m to the method of iHing this oAce by 
•ppoinliiieBt or eleciaon, and the prooeedlnp in 1740, tee Mr. GoodeU*t Com- 
flolo lilt of tke Attonieje Gmienl snd SoUdton Gmienl of Mumehneetta, 
lesa-lTeo, in 3 Phmedfaip of the llana<thniettt Hielorletl Soelety for Jene, 

* me dale, isaHy flreii in the pabHshed aeeoinito of Jadgo IVowbrldp 
se thotof Ue birth, is taken from the Newton Town Reoords whidi give only 
Ihs yrar, with a note referring to ** Cambridge reoofd." This may Indleale 
that Jndge TVow b ti<|ge wae bom in Cambridge, or that this date in taken from 
the gnaidiamibip papers, now at East Cambridge, issned 7 March, 173A, 
slier tl|B death of Ms lather, in New London, Conn^ia 1794, in whieh Edmnnd 
is said to have beeu then *<ln his sixteenth year." As Thomas IVowbridge 
aad Mary Gofb wars married S Marsh, 1700, H Is not improbable that 1710 is 
Ihs astnsi dale ifJndge lVowbrldga*k birth. Unfoftnaatsfy the Beeofds of 
Ihs FIfil Chnrsh la N«fwloa,whloh msf have prssorvsdthe tosis ssassraing 



EDMUND noWBUDOS. 



75 



Ooffe » who came from EngUnd in leSfi. Hk^ki^T^t 
mother of Chief Justice iC «»««wLydiawas the 

that of rScW^ ^'^^»^»««thenameofGo«e.after 
John T. Morse, Jr., says: — 

Mino of oXto earlT^th. J .^JS"*^ Ooffe, Md took th. 

•wiago ana tiary Trowbndge, Infanta, bv th« aaiil KVl«n^ n « 
their Qwrfian. appellant. rwm^jllZJI^p^^ °^ 







•• 



71 



ram oounoAL aodsrr of lustACBUBEm. [Dbo. 



It97.] 



BmfAnmi bt mb. hxnst h. edbb. 



rt 



Tim DttDe of Edmimd TrowWdge appean also m oBfi of the 
Sdecteeii of Cittbridge, 174$-1746 ; at an Aaseaaor and a men^ 
ter oC the School Committee in 1744; at RepwaentatiTe of 
Onnbridge al Tarionf timet from 1760 to 1764; and ae one of 
flie anheeribem far boilding tiie new MeetingJiouee in Cambrid^ 

in 175t.* 

It ie erident. nererCheleae* that at eome time Judge Thnrbcidge 
WM ealled hr both nanwe or either* — whatever the oecaalon of it 
TUai^peambrTarioiiaConrtpapem.* In the Conrt Reoords pre- 

ifiMnMiiMeripiiaHamidCoUegeLibrBry. Sea abo Piwrinot Uw^ t. 

10S7-10ei, Kotetto dmp. 80, iUA of 1 lUj. 177»,oa «!• MemorUI rf . ..''Ij^ 
ItaWtMrtt of tlie Flirt PifriA fai Cmbride UflBg on «!• NorUi tide of Charts 

lh«r Ie i« Tew. • . . Ommn U CwiridenWe Tn«to . . . o« Soelh tide,- 
•fknraid laeorpofaM m tU town of DrigfaloB, m to aetUng off the Soeth 
FkeeiBet la Cambridge, - an Ad -for the greater oonfenleii^ of aUending 
tl» i«blfc worAlp of God am! the profw»tk« of the Chrlrtian leligioii r 
Fklg^a llirtofyif Caaa>ridge,p^ 138, «14. aW, 175,400. 401. 405^ 407, 80^ 

MiOTl and Mia ^ ^ ., ,. 

• 0) Ae ExeeetioB In later if "EdoMind Gofl^ al> Trowbridge of Cam- 
Widfli^ Middleiez Omntj, gent'' agalnat Janee Lowdon, hi September, 1786 ; 
Mid leeelpi thereon signed •• £dni« Goffe al> ThnrbrUge? In his own haad- 

a% Bnentlon. JMirw Pmeim PmmtUmem, In laTor of -Edmnnd QoU 
alias lWrwl«ldge rf Candwklis^ MiddlseoE Co«^r. Adm» to •• ^ 

(8) An Eaeention In fafor of "Edmnnd Trowbridge of Cambridge ae. Esq. 

Mherwise ealM Edrnnnd Goffe ai> Trowbridge, gent Adm' to.,** 1740; and 
neeiiil thereon signed " Edmvnd Thywbrldge " in his own handwriting. 

(4) A Depoaltlon of Nathaniel Gamage, In Chateh e. Craehbone, menUono 
«llr. Goto'* ahe - J» fidiannd Trowbridge, ( within eolM Goto),*' Jannaiy, 

174ML 

Itotoeoid of ttoease irst above lef erred to alsomns: « Edrnnnd Goffe 
atosTkowbrldgeto'*ii.Lowdon. (Beooids of the Soperioor Court of Jndlea- 
z. SS7. See also ffnflblk Conrt Filea, oeliz?UL 40800; oeiOT* 44180; 




„^ Ms name appears al this same period 

ae Tkewbrldfs.— n Jelnder of Issna hi a oas^, signed by him as Connsel to 

yliiiMiff,pawen if attorney* letters, pleadings, eases, ett. (Snlolk Conrt FOe^ 

oeeilrL 88044; oe^r. 86400; eedTL 66008; eeeezIL 00800; eeoeieL 08181.) 
Ha also appears ae ThrobrMge hi Wldtaore's Gftt List, and hi GoodeD** Usl 

of Attemsfs GeoarsL alrsa^y rsfsrved to. 

Tto Islbwing *silh«nqr ■?•■ this point, fiem tto pen rf one rf his asm- 

I el Ito Conneil Board and npon tto Bench is of iBtsrest:— > 

'1700L 11^ SOth. Bsition} I asm a mIgnatkNi if mj aaal it Coenea 



•-I 



J ' ' 






Tiooeto 1740 are a number of eaaee where Edmmid Ooffe of (km- 

bridge eppeaiVf but examination ehows him to hare been the unele. 

Judge Trowbridge died in Cambridge, 2 April, 1708, at dm age 

OC o4« 

Aride from tiie momentone intereet of dm oocadon, —now be* 
eome one <rf the landmarks of our history, — the ehamoter of the 
tribunal and the eminenoe of the ehief aotoie engaged would make 
the Trial memorable. Thers is a oertain ixwy of situation in the 
relation of the Proeeoution to the Defence, — the Crown baring 
with it the pasrions and feelings of the people, and the Defend- 
ants standing, for the time bei^, as the representatives of Boyal 
Authority; and none the less in the position of the Counsel,— » 
upon one side Robert Treat Paine and Samuel Quim^,! and upon 
the other John Adams and Josiah Quinoj, Jr. 

Mr. HsfRT H. Edb8 communicated an nnpabliriied letter 
of Cotton Mather, and spoke ae follows : — 

In looking orer some old manuscripts a few days ago I came 
upon an original letter of Cotton Mather which has been kmg in 
my possession, and have brou^^t it with me this afternoon. It Is 
curious, like almost everything else which came from the pen of 
this eminent Bostonian, whose vanity and hypocri^ were great, 
and whoee accuracy of statement, or the hck of it, wae <rf a kind 
that would not pass current to-day. 

The letter was written to the Rev. Timothy Wbodbridge ot Ae 
Harvard Class of 1676, who is known to have been a correspondent 
of Mather as early ae 1684.* Woodbridge was a son of the Rev. 

Board. The lient. Gof ., Seeretary OUrer, Jndge Ollrer and the Attorney 
General Goffe, left ont. ... I was SO yrs. a ConnseUor.** 

« 1707. May 13th. Edrnnnd Goffe, alias Trowbridge, Esq., sal as a Jndgo 
at Barnstable Soperionr Court, being appointed in Jndgo Rmsers room In 

Karehlast.'' (Tlis Diaries of Bei^andn Lynde and of Bei^andn Lynds^ Jr.* 
p. 101.) 

^For a ftngnmt of the Diary of SauMMl Qniney, SoUflltor'General of the 
mirinee, kept In London, In 1770; and an appredative and dlsesimlnatlng 

Botlee of the antlior, see 1 Fhieeedhip if the Massadinsstts Hklorieal Soeiely 
lor Jannaiy, 1009; ziz. 911-090. 

* At 4 Ifassaohasitti HIstorleal CoOsetloM; rilL 000. 



:^ 



fl 



t 



78 



1HB oounnAir soomT or xAMAomnsm. [Dw. 



1897.] 



LBTIXB OT OOnOK MATHEB. 



79 



)<3 



> 



\ 



Jolm Woodbridge of Newlmiy tnd Andover, Mid a gnadioii of 
Got. ThomM Dadlej. He wm letUed over the Fust Church in 
Haitlacd, wheie he eoon eonneeted himself with one of the moat 
infliieiitial fomiliee of the Connecticttt Colony by manying a 
danghter of Samuel WyUys. He was a man of abiUiy, and aetive 
and influential in the affairs of Yale College, as I shall endeavor, 
mon another oooasioo, to show. When it was proposed to remove 
that Seminaiy to New Haven, Woodbridge o^Kwed the plan and 
Qi^ the selection of Wethewfield as the seat of thatnuiseryof 
learning. So strenuous was this opposition tiiat, in September, 
1718, on the same day that the regular Commencement was held 
St New Haven, something like Commencement exeroises were 
eanied on at Wetherefield witii five of tiie students by Woodbridge, 
Us friend Stephen Buckingham of the Harvard CUms of 1698, who 
is mentioned in tiiis letter, and otiwre of Uie clergy of tiio Colony. 
Tliis contention, liowover, soon cciwcd, and WoodbrTdge joined 
eonlially in Uio efforts made to advance Uic Intorcsto of tiio College. 

Stephen Buckingham was Uie minister of Norwalk, Conn., and 
a son of tiie Rev. Thomas Buckingham of Saybrook. He married 
Sarah, daughter of tiic Rev. Samuel Hooker (H. C. 16M) of Farm- 
tegton, and granddaughter of the Rev. Thomas Hooker. 

The Mr. Edwaids referred to in tfie letter was die Rev. Timotiiy 
Edwards (H. C 1691) of East Windsor, Conn., the fatiier of 

Jonathan Edwards. 

The moat interesting feature of this letter, however, is the evl- 
Aenee which it affords that the leading men of the Province kept 
tfaemselves fully informed of all that was occurring m England 
which might in any way affect public affain here. 

It win be remembersd that for the kst docen yean — and espe- 
cial^ during the hst four yeare — <rf Queen Anne's reign there 
were plots in high places to secure the restoration of the exiled 
Royal fiunily upon the demise of the Crown, and that Bolingbroke 
was a prindpal figure in there plots. The contest for supremacy 
in the OAinet between Oxford and Bolingbroke is well known. 
It culminated in the dismissal of Oxford at a Cabinet Council — 
tiie last, I believe, which the Queen attended i — which was held 

> lBaktlwiMeBl)jrMeiv«dfroaiThoiiiafPtafloB,EiqnF*8. A.,aerkof 

tU Mfv ConwO, nlirTliif to CaMnet Comiel1s,be laps «I boUere Qaeea 
waalhakitslearfitfaieifrewhoallsadadthamhipmoa.'* Mr. FkM* 



i 

r1 



iM 









on the twenty-aeventh of July, 1714. The aeasion lasted far into 

the night The Queen, in consequence of the exciten^nt attend^ 

ing this meeting, became suddenly ill, and on the thirtieth suf • 

fered a stroke of apoplexy. She lingered until the morning of 

the first of August, when she expired.^ With her last words and 

the presentation of the White Staff, she had invested Shrewsbuiy 

with the office of Lord High Treasurer, thus dealing a fatal blow 

to the hopes of the Jacobites. Bolingbroke*s supremacy was shcHrt- 

lived, and he dared not act upon the advice of Atterbury, who 

would have proclaimed the Pretender at once, saying, with an oath, 

that there was not a moment to be loat Wiser eounaels prevailed, 

the Elector of Hanover was proclaimed, and the Crown of England 

passed peacefully to the House of Brunswick. 

The text of tiie letter is as follows: — 

Bosroii. fO* xl." 
RewrendST, 17|| 

Until Just now, T was not apprircd of any opportunity, to do anytlitng 
towania anfworing your DoHro, tlmt I would coinunlcato o^ last Intt lU- 
gence, about the state of affaires on the other fide of tlie Water. 

And now I have this Opportunity, it must be complained. That y* 
eomnnlcation we have bad from thence baa been (b flender, aa to leave 
ua capable of saying very littie, but what you have hi the pnblio Newa- 
Letter, and what every body baa heard of. 

The King arrived,* I think, on the day when we prodamed Him here. 
And this is the Uft Advice we have. 



ton Abo remarks upon the frequeney with which historical writers eoafonnd 
Cabinet Councils with sessions oC the Privy Conneil. 

> The following is extracted from a contemporary aoaoaaeeBieBt of the 
Onsen's death:— 

'^Lmdm^ Amgmi I. [Sendsy.] 

"This Dsj, St half M Ronr past Sctmi laths MonUnSt died car Isle most OncSoes 
aoTtrsfga Qaesn Anae, la tW PifkiaCh Year of Hsr Aga. and the TMrtosath d Her 
BeifBjaPriacMsofsxmaplaiyFiefeyaaidVtrtae. Hsr Majes^ eoaq^laia'd on Tliars> 
dv iMt of a Faia la Hsr Hsad: The asxt Day Shs was siased wHh Coamlttoa Fits, 
aad for sobmUbm lost the ass of Her Spssch and Beatss, which, the* She aftsnraids 
raeorsfsd apon the Appllcatioa of proper Beaisdies, 8hs ccatlansd la a vtiy wsak aad 
bagaMilBX Coadlcion tOI She expired.''— (The LoMkw OasMs, Xa aS47, From 
flatardaj, Jalj SI, to Taesday, Aagast S. 1714.) 

•The King bnded at Greenwich, on the eiffateenth of September, 1714. The 
news of Anne's death readied Boston on Wednesday, 15 September (Boston 
Kews-Letler, No. 644). The obsequies of the Qneen weie celebrated en the 
MOfBhigof Wedaeediqrt the tweo^-eeeond,^ the disoharfe of nihiatei;aBS 



THB ooixxHiAL sooorr or MAmACBVtmm. 



[Dn. 



U07.] 



URBB QV OOnOV MATHES* 



81 



A Biglity * wMllkj T017, 8f JftUltaf DmO^ > writot lo om hert «- 
•W« ti«« M tlw Ywy Brink oC RttiM ft on ]r« mj poiat of being delivered np 



lo/VvMc Dnft H plenfiwd Almlflity God MereifaUj to Infataftto ]r« miniiby, 4k 
«o tdM tlM Qneen to Himlelf , Mid lo give ve in j« fnooeftioo n King, of whom 
wo have n realbnaUe proTpeci, thaft lie will deUver nol veonljr, lmiaUi?ifr^ 
alfc, from y FrmtA Tjnamj.** 

S" Maiikew km wm gifaa 70a tha anmoiof aU tha lotalUgence jHI 
afrifad mto na* 



al GMk WilteB. At elavea o'doek Gofomor Dndley earae Mtber from 
Bwdmry, witk a military eeeort, and wae met at the Town lloupe bjr Ueti> 
temmt Gorenwr Taikr, memben of the Council, and a great nnmber of prom> 
faKst dtiaeni and merehanti, '*beiiidee a verj great eonconree of People. . . . 
ne Bcgiawttt of the Town,and another R^ment of Foot, being drawn np 
wader Arme on tha Fwade in Kinga-Street, before the Town-IIonee. The Bal- 
cony of the CooneU-Chamber being ilnng with Searlet Ck>th, at 12 a Clock 
nb Sfajestj waa . . • Proclaimed with loud aoclamationa." This was followed 
hj the discharge of three voHeje by the troops of horse and foot, and three 
iMBds of artnierjr from the Castle, the Batteries, and the Ships in the harbor, 
amid the ringing of bellsL At two o'clock a public Dinner was served to the 
Ooremot and the vice-regal Court, who returned ia the evening to the Council 
Chamber, whew healths were drunk to the King and the Royal family. ''The 
and several Principal Streets [were] inely Illuminated beyond 
I known fai the English America." On the twen^-third, in aocord- 
with an order of the Governor and Council, Cotton Mather preached, al 
the Thursday Lecture^ **a very good sermon ** from Isaiah vL 1, appropriate to 
the "Solemn Occasion'' of the Queen's death. The Governor and Conncil 
then went into mourning. On the evening of the same day (Thursday) Jona- 
than Belcher, afterward Governor of the Province, *• made a rery Splendid 
XMertalament for His Excellency the Govemour and Council, with a great 
many other Gentlemen, at his Rouse In Hanover Street, where were drunk His 
Xajestiea Health, the Prince, B^yal Family, !». the House being all over very 
inely Dhanhmted." (/»M. No. 645.) This house occupied a part of the site 
af tha preeent Amerieaa House. Here, formerly, lived Judge John Saflla <seo 
male, L g7, asfe) who^ with wils Bebecea (Lee), lor £350 •• in current money of 
Kew En^and,*' sold the estate, then said to contain three quarten of an acre, 
la Francis Foxcroft, 24 Septemlier, 1001 (Suffolk Deeds, six. 337). Foxcroft 
asid to Janathaa Bekher, SI December, 1706, the eonsideration named in tha 
deed being £000 « la cunent money of BewEnghmd''(/»tf.xxii. 880). While 
a a e u pying the Eneutiva Chair of the P rov in c e Bdeher sold this p roper ty, 
fcr 18^000^ «• la good puUldL Bills of CkadH of the provioee,'* to Jbeeph Green, 
1§ JIareh, 1784 (/M. L 118). 

* fir llatthsw Dudlsj was of tha Cfaqiton, Korthaoqitonshire family. His 

a Baronet 1 August, 1000. Matthew, hia 
bapliasd Oetobcr, 1001; married La4y Maiy 




I, 
> 



. ■ I 



K 
\ 



1" 

. t 



rno a Ckoat Tbiiig, that WO bsTo ibgml a Klag, 10 Uttto ia the FkoMh 
latarofta. 

It appean arldooay that ho lo looking about for a ftlok, to baat the 

Dog. And ao probable la hia flndiog it, that yoor poUtidaoo tspaol tho 
braaklng out of a Mew War in a little whila. 

One of the mod expre&ivo Thinga, whkdi dUbovor the Temper and 

freedom of a Chreat many people, ia a Book enntitled, Tk$ (hnwmUieU. 

Becanfe I cannot aend yon the Book itfelf , I wiU Thuifcribe A endofe 
a few aeleot pafaagea; which doabtleia yoo will count bohl enough, Jk 
ooarfe enough; but they are (bme of the Boaro of the Waveo of y 
Betrayed & enraged natiooa. 

The Memorable Firit of Augu^ makeo a Bevohitlon« rather gieater 
than that of Morembor twenty ta yeara ago.* And it lo made hitherto, 
fo peaceably, 4 in (b ftraoge a manner, that your eommon Kewa-Writen, 
who do not ufe to burden their papera with too much piety, canH forbear 
frequent Confefafona, Thai UUf work o/JImigk^ GOD. 

What o^ ahare ia like to be in the coniblatkmo 4 adrantageo of it, lo 
ao yett unknown unto ua. 

I wifli, none of o^ people have written Lettero hone, unto y* Lato Mi» 
Iftry, which were U> far from dictated 1^ a prophetic Spirit, that whett 

they come to bo oipofed, the writero wlU find wy incooTonieat oonft- 
quencoo. 

You will coSunioato unto o^ wortlgr Brothero Mr. ffwffrfrwftgm 4 Mr. 
^dmanft,— 

Hay the iMouo Lord cootimie you at jour good work, ft gradouOy 
dfaroot ft profpor you in it alL 

loa 

Your Brother 
Mb. WooDBBiDon. Co. Ulnmu 

0*BriaB, youngest daoghtor of the Eari of Tbomoad; was eevund times 
'•turned to Fteriiament, at one time representing the Counfyof Huntingdon; 

anwmted a Commissionar of the Customs hi 1700, turned out k 17ia, but waa 
wioitatod by George I.; and died in oOoe and in London, 18 April, 1721. 

p^ ^^ ^**'^* Transactions (VoL XXIV.) he eontribntod, 4 
jw»«|»yt 1700, a paper giring An Aoeount of Ineeeta k tha Ba^ of 
Itemyfag Ehns and Ashea. (Burke'b EstfaMt and Dormmit Bareaatoimi 
nwinee Uws, viL OO-Oi, 800, 484, 000.) 

T^GreatB^f^ntionlaEaghmd. Tha Maoeof Onafahmdadattto^ 
DV» Vorember» 1000. • ^ 








If !■■ oounniL ■ooDBT or KAiuoBinonn. [dm 

Tbtt "Ben. Jims CoouDOi Caxtem, LLD^ of Nnr Torl^ 
wu dectod an Hononi; Uember. 

Hw Ber. Dr. Chabus Cabsoll SvcBirr commoniotod 
• Uamotr of Qoreroor Btwadl whidi ba hid been reqneited 
to jM^uafor the TniMuitioiM. 

FOSTSCBIPr. 

SbwettwT^iWMtfaMof titk H«eting wen printed. Hr. Hotde 

im ant to the Coeuuttee of PnbUomtioa Uie foUowinff extract 

faao the leeocd in the Hinnto Book of the Trial of Captun 



Tkomtm ItartOB Ea^ aew iwkkmt ta Bortoa is Dm Coontf of Saf- 
fbilc, lwfa( tedietad,' at Urt tam, whk Niidry otlwr pmoH, in flra 
an«al ladietMBta, for Mag praMat at, and aklli^ * abetd^ the 
mmdar of BaMtl Uantkk, 8mmI Gnj, Ciiqiaa Attadn, JasMS 
CaUwaO, * Patrfak Carr, at tha Ubm * plan, aad In tha maoMr, Mt 
foca In Iba aaU ha aararal Indtetaenia, li now In tbla praaant tenn, 
taoa^ A aat to tha Bar, aod amigDedi and upon hi* arraSgniBNit, 
plaada toouhef the atid aararal IndManta, not gnU^ and lor Trial 
pati ManiTf apoa Ood A tba CoastiT. A Jutj U ikar«upon awont to 
^ tha mU Ira aonral iMoaa, Mr. WUIUm FroUibar fomaa, A 
UOamw, naadf JcMaph Ttaaoot, Naal H'latira, Tbonaa Uaj«, Joaiah 
Spr^aa, Joaeph Onlld, Joaathaa Parker. QUbart Dcbloia, FhlUlp 
D M wa q aa. VTWam HOI, TflliaH Walt Wall^ aad Jama Barridc, wbo 
ka*r^ faSy baaid tfaa ErUanoe for tha lUi« with (he prteoaeia Defnwe, 
ga aaile eoiMif thwof. and retara with thab Verdlctt aad upon Iheto 
eath a^ that tha aaid ncMMa Fraaloa b not goll^ of aiding A abetting 
Ihanaudarof SaMul Uararkk. and that be la not gniltjrof aiding A 
abatti^ tha Mider of SanMri Gray. A that ha to not gnOtf of aidiag 
A ahatting tha ^anlar of JaaMa OaUmll, A that ha to sot gaUtj of 
aUhv A ahattt^ tha wn«Ur of Patrick Chir, and that ha to not gnll^ 
of aMhw A abatthig tha main of CitopH Attaoka. It to tbmfofe 
GpHidand by tha Oonrt Aat tha ■* ThooMa Fraatoa go irithoat Daj 
(Mlenti Book, Ho. 91, of the 8ap«)onr Oonrt of Jadleataia, aorartng 
tha Ai«aot TafM (SnaeOE). 1770). 



* Tha irigiail I 



a to prawred la the SaMk Oavt Tli^ dMlr. 



\-rx" 



A\. 



J 



82 



TIIK COLO!a.VL SOCIETY OP MAf'SACflrSKTTS. 



[X)rc 



The lion. Jamks CoohiDc,z Cauter, LL.D., of New York, 
IV .H tk""tcd an Honorary Jfomlier. 

The Haw Dr. Ciiaules Caruoll Evekktt conimunioateil 
a Mrinoir of Governor Ru&sr.ll wliich he lud Ik:c'U reque^tetl 
u» ])ro| are for the Transactions. 

rosi'SCIUlT. 

Sin^c tlio TraiiJVK'tlons <>( t»»Is Meeting wore ])Tinte(1, Mr. XoMo 
has Sf'iit to the ('nfti?n;tU*c of l*iil»Iicition the /allowing extract 
from the rccvrl ir. iho Minute lU^ok of tlie Trial of Cupt-iin 

« 

TborraR l*.v ..i » j' i.'xr rrniil u. ♦> nt>»»ton In the County of Suf- 
folk, bcin;» iTi«li(t4/l,» fi! i^-.t UTin. w tli *i.n»|rv I'tljor p<TbOii«, in ftvc 
•cv^ral fn<liifi.:ent«», f t Ih'Im; i>ri'HM.t n', i»ia aldiiti; ».^ Abutting the 
inanier of Sa'nii.'l Mivcri»I<. Sitmn-l Or.iVj <'n>«pn« Att'icUfl, Jaiacs 
Ca'iwrll, <V Patrick C.iirt 3t IIm; Imh? ^' p!atM , it'! •» thf inrinn^^r. H«*t 
f<>rth in tliO saiJ five scvora! InVu-tri'* f:(H. ;,• nn • -^ iM*» prvKvi^t loim, 
brotiglit 6c 8et to Uip Hi\r, ami nri.,': .,'•. ..i ; t;j,r»,i bin :irr:iii('iii)rr.t, 
plcvlft to each of th<» ^nU\ several li»«i; •:::!, '••*. not pnillv r\u'\ for Trial 
jmls himself upon Gotl & the Couutry, A .Jury i* tliToupon Huori- to 
trr tlic Raid five i»overal Is^iich, Mr. William Krv»l»i8hp.r foromun. & 
ftlloirp, namely .Iosp]»h Tr«»<<cot, N(*il M'Jutire, Thoma/* Mayo, Jor*i.ih 
??P''ai:"'\ .I('«q>h <«ui!(1, «l«>nA^'jau I'Arkcr, Giilkcrt l)el>loi«, IMuilip 
J)i:i »r,:. -out'. Wiiliam Hill, William Wait Walli*!, ftn«i JamfM lifinick, who 
htiMD'.: f.jjy ht nrd tli** FAiklonce for tJio Kifiu ^ 'h i* •? prisonrri l)tf» nc. 
po oui t-* *i>n«t>1er thor.'of, nn<l rcttirr. *'<*• iK • ^ .• 'I <"U ftOii upon tlinr 
ostli saT ttat lb*! h.i;.1 TiK-mif* iVe*-'-"!* i-* .» ■. 'v ''f .li'lliii: A al oliir»ij 
til** mnnler of SamncJ Ma\onck, n .' * .. « ^.tt ;;'iiJ'\ »f r»i«liucj *fe 

fthctting tb»» murtior cf SanuKl <i"*.i' -^ t * i r i.* ». t f •.; .y of Hiding 
& «*^Uinp the munior '»f .fa"t» ♦'* « ,i a »f> u i. w i^ot {rnifty of 
ailing & abetting the uiunlc • i ::. i J, a;^. •: . 
«»r -I'iujf A alH»ttio<j tijo 1! », . . ' .ft i4|.«.< /' ■ 

(" •.■.t'-4.! >iy tl«C <*'*'irt t; •• 'Jm «.* 1 jr 
[y. ■> i' ' n. No. IM, of l.*'*' Si. iv- -;•."; 

t'»»' \ 1 I.* y\itn (Sui7«.';I. ;, 177«>». 



•> t 



I », I- * 



• i8 not pniUy 

■ '< ' it in M t^roftire 

'< u jco V itli.mt Day 

i' fufli('a*»irc, covcrii.g 






'ufTolk Courl Filc«, lUciv. 






) 



1 



■i 

V 






1 



] 



4 

i 
^ 








. ■! 



. * 



i' 






•1-8— 5T-S- 



MT.] 



xmoiB ov wniiAx wanm wamauL 



I 

't.4 

•^* 

i" 



• ^1 



I 






-A' 



•i 



I 



4 



MEMOIR 



or TBI 



HON. WILLIAM EUSTIS BUSSELL, LLJ>. 



CHABLES CARROLL EVERETT. 



WiLUAM EUBTIB Rui0ELL WM bom in Cambridgev Haasadiv* 
setts, 6 Janoaiy, 1857. He wm the boo of Charke Theodote and 
Sarah Elizabeth (Ballister) RnaaelL He inherited from hia 
niother*a aide a atrain of French Huguenot Uood^ but in other 
reapecta hia anoeatoia were of New Engknd atock. Hia father*a 
family had liyed in New England for aix generatioiia. 

Mr. Roaaell waa educated in the pablio adwola of Camfaridget 
and graduated from Harvard College in 1877. Hia career in col- 
lege waa in no reapect a marked one. Though not eapeciallj 
brilliant aa a acholar, he waa a man idiom hia inatructon liked to 
aee in their okas rooma. The opinioiia ex pr e aaed by hia claaamatea 
Taiy according to the peraonal relatione in which they atood to 
him. One aaya that though he waa not Teiy promineBt in the 
claaa, hia claaamatea were not aurpriaed at hia later aueoeaa. 
Another apeaking from a warmer intimacy ezdaimas **He waa the 
olaaa!^ At graduation hia claaa aeparated without electiog the 
uaual daaa ofllcera. Ruaeell remained aa Claaa Seoretaiyt —its 
only apecial repreaentative. 

After graduation, our late aaaoeiate atndied law with hia father 
and in Beaton Uniyerrity. The atudy of law appealed periiapa 
more to hia practical intereat than cdlegiate atudiea, and he 
graduated, in 1879, with the hig^ieat honon. He waa admitted 
aa an attcnney at the Suffolk Bar in 1880, and enterod upon the 
pnctioe of hia profeeaioii aa a member of the iim of C. T. and 
T. H. Ruaaell, the iim being then compoaed of hia father, uaole^ 
and elder biodier* For acme yean he ec«timiedtte aueceaafulpne- 






» 



M 



THB ooumuL floonmr or massaohubctts. [Dko. 



ticecfUtprataaioiL He wm from Uie fini, howerer* greatly intar- 
eeted in polilke. Hk ewlieet poUticia epeeohes were mede in the 
pKsidential empeigii of 1880, the year in whieh he graduated 
bom the Law SehooL In 1881 he waa elected as an independent 
cmdidate to the Coomieii Cooneil of the City of Cambridge. Hit 
MMninatkm waa whoUy infcNnaL It ia aaid that he knew nothing 
of the matter till he went to the polla to caat hb vote. Hethen 
fooad that frienda weie eironUtlng what weie called ••atickem 
bearing hk name. He waa elected by a majority of one rote. 
The next year he waa elected a member of the Board of Aldermen, 
wUch poaitioa he held f or two yeara. 

At the time when Mr. RneaeU became an active worker in the 
mmdcipal aftdia of Cambridge, there waa great need of reform in 

the adminktration of the Ci^ government Taxea were high, 
the pnUk debt waa rapidly increaaing, and the whole management 
of a&iia waa lax. TWe at leaat waa the view of Rnasell and of 
tiMae who acted with him. Aa a member of the Board of Alder- 
men, be oppoaed ao f oieibly the methoda by which the affaiia of the 
City weie managed, that he waa recognixedaa the natural leader 
of the Reform movement ; and in 1884 he waa elected Mayor upon 
a wfadty ttofriwrtiaan ticket 

Thia eleetioB formi an opodk in the hiatoiy of Cambridge. It 
WM the beginning of that ajatem of ncn-partiaan adminiatiation of 
mnietpal aftuia which baa been followed ever aince. It thna 
intiodiieed boaincM methoda in the place of poUtical methoda. 
One of the chief mottoea of the new movement waa ••Pay aa yon 
gow** Thia prinei^ the reformeri did not apply to expensea 
ineuned for permanent worka, like the water main or thebridgeto 
Beaton; tiwy meant that each year ahoold pay for ite own proper 
cxpenditaiea. The princij^ ia an obviona one, but it had, at the 
liB^ a ^eekl and important aignificance. It ahowa the preva- 
lenee of a healthy aentiment in Cambridge that an election conld 
be won en the atm^ of a platform ao abhorrent to the eaqr-^going 

sellwdi Aa* are too oonunon bodi in public and in private life* 

Major R«M0D*a adndniatnttion jnatified hia adection aa the 
lepiwiartTe of the new mofement In hia Addreea at the 
teglMiiaf of hia aeeond year of offiee he aaid, — 

wlih an almoet empty treaaaiy, with unpaid bOk of 
MTte earient expenae. of W^OM 



4 



"'.■ 

i 

1.' 

¥ 






1807.] 



MmoiB or wiLUAx xunna mimaELi» 



86 



. t 



» -■ 



f ^ 



f;5 






J I 



I. 
> 

ft 



. ^ 



■ / 
• < 



* 



Onetediag a deAckB<7of $M,0i0 te Oe City Sinktag-faa^, and with 
the exampto before ua of a year when expeaeia had kcgily exeecded 
approprktIoDib and a higher taxnrate had been fixed than for i?e 
yeaia.** 

He went on to jdcture a very different atate of tfainga, ^ a aurplua 
in the treaeoryof neariy $46,000, the bilk for the year wholly paid, 
and the flciatinir debt funded. The Addreea atatee further that — 



*«More money haa been epent on our echook, moce work done on our 
etreete, more lampe have been eet, more eewere have been laid, more 
baa been done for health, fire and police protoetloo, and more for tiM 
geotk, kindly care of our helpleee poor during tiM paat jear than for 
numy yeare.** 

The administration of Mayor Rueeell waa in many reapecte an 
intereating and an important one. It waa iHiile he waa Mayor 
tiiat the City voted that no lioenaea ahould be granted to aell 
intoxicating liquor to be used aa a beverage. Mayor Ruaeeli did 
not beUeve in euch kgiaUtion, and of thk he made no aecret He 
felti however, that aince the law exiited, it waa hk duty to aee 
that it waa carried out He aaid to hk oolleaguea that they were 
not reeponsible for the law, but that they were reaponaible for ite 
enforcement It waa a remarkable teatimony to the faimeea and 
firmneea of hk administration tiiat the belkven in Prohibition 
were among hk warmest supporters. They preferred him aa Mayor 
to a No-License man in whose executive ability Oey had less 
confidence. 

Mayor Russell, in hk eariier Imrogund Addreases, had uiged, 
aa some of kk predecessors had done, the need of a aidteUe build- 
ing for the Public Lifanuy, and had expreaaed the wish that money 
might be given to tlie City for that purpose. Hk i^peal waa 
responded to with a laige genero ai ty tiiat gave more than had been 
asked. Hk friend, Frederiok H. Rindge, tiiougfa no longer a 
oitisen of Cambridge, gave not only the site and building for the 
City Library, but alao founded a Manual Training School, gave 
the dte for the High School, and gave to the City the money 
needed to bund a City Hall tiiat ahould be worthy of it Mayor 
Russell was a member of the Committee named by Mr. Rindge to 
pany out the pkna ftat hk aplendid mnniflemiee had ai^estedt 



4 
1 
^ 



THB OQLOHIAL SOOnSTT OF 1CAJB8ACHU8BTT8. 



pao. 



1897.] 



XBMOIB or WILLIAM S08TI8 BU88ELL. 



87 



and the hmatj and m^Bhctomon of the aiehitaotnnl results aiei 
at least in part, doe to his influence. 

Another incident of the administrotion of Major Russell should 
bs noticed. It was during the second jear of his mayoralty that 
a Strike occurred among the emplo^ of the Company that owned 
and contn^Ied the Cambridge system of street cars. This was 
then distinct from the Boston system, and thus the Strike concerned 
Cambridge alone. It was conducted with all the passion that 
is eonunon in such morementi. The laige number of men who 
were eonceined in the Strike were full of rage and threatened 
Tiolence. Thej rowed that no car should be run until their 
demands were satisfied. A large part of the popuhM^ sympa- 
tiiized with them, and were ready to join with them in any con- 
flict that should occur. In the midst of tliis excitement the 
President of the Comfjany notified Blayor Russell that at a certain 
hour he proposed to run a car to Boston, and that he demanded 
pfotectton* It seemed as if the attempt would introduce a bloody 
conflict Mayor Russell doubted the expediency of the attempt 
while the excitement was so fierce. The Company, however, 
insisted on canying out the plan. Finding that the collision 
eould not be avoided, Blayor Russell showed his energy and good 
judgment by taking measures that would prevent the worst results. 
Ha imported a huge police force from without by which the would- 
be rioters were overawed, and the car accomplished its circuit. I 
refer to this incident on account of its importance as illustrating 
the methods of the man, and also because his momentary hesitation 
has been severely criticised. It seems to me, however, to have 
been natural, if not commendable, on tlie part of a young man 
mmsed to scenes of bkxMl One of the fairest and most intelligent 
of his political opponents has said to me that he considered it only 
pniseworthy. Nothing eould better illustrate the character of 
SmscU's career than that tliis incident should have been the occa- 
men of the only criticism of his official conduct that I remember 
tabsEfo heard from any whose Uame was not equivalent to praise. 

Mr. Rnssell was elected Mayor for four successive years, filling 
Ae oAoe from 1886 to 1888 inclusive. Two yean he was the only 



h the Presidential election of 1884 Mr. Russell took a prominent 
made FftsideBt ol the Middlesex Demooratio CUb. 



M 






^■:'i 



During the last year of his Mayoralty he was nominated for the 
office of Governor by the Democratio State Convention, but faUed 
of election. The following year he was renominated with the 
same result, except that he lacked much less of election. In 1890 
he was elected Governor of Massachusetts by neariy ten thousand 
plurality. In the same election the majority of the democratio 
candidates for Congress were also successful. He was re-elected 
in 1891 and 1892. If» in his first election, he was home into <^ke 
by a great tide of Democratic success, to which, indeed, he had 
given much of its impetus, his suoeess continued after this tide 
had ebbed. In 1892 he was the only Democrat upon the State 
ticket elected. 

Although, during the three yean of his administration. Gov* 
emor Russell was hampered by a Council in which only one 
member was a Democrat, and although the Legislature had a 
laige Republican majority, few Govemon have made their in- 
fluence more strongly felt All his vetoes were sustained and 
some of his recommendations were adopted. His Messages to the 
Legislature omitted the summaries of the statistics and reeom- 
mendations contained in the accompanying Reports of other officials 
by which such documents are' so often burdened. They were 
mainly devoted to the discussion of fundamental principles of 
legisktion and administration, and thus ihtf became State Papem 
of real value. He found the State largely governed by Commis- 
sions. These Commissions were independent of one anoUier and 
of the Executive. Nowhere was there perMmal responsibility and 
subordination. Even the Warden of tlie State Prison had not the 
power to dismiss one of his subordinates. If the State had been, 
as he admitted it had been, on the whole well governed, it was in 
^te of this system. For nothing did he strive more earnestly 
during his administration, than for the introduction into the man* 
ageroent of the State of the personal responsibility that was so con- 
spicuously absent It is not strange that his own experience led 
him to reckon the (Governor's Council one of the elements in 
the maehineiy of government that tended to make impossible the 
perMmal administration of public affain tiiat was his ideaL 

The corrupting influence of the Lobby was the object of some of 
Governor Russell*s most earnest paragraphs, and hs uiged legisb- 
tion that should restrict its aetivi^. HeuigedabotheaboUtionof 












• '**. 



THB oounnAL floonmr or MAsaACHUSBm. 



[Dec. 



flie ttoi qmlifieation for the Toter and the property qnalificatioa 
for die Governor. Among his positive recommendations, none was 
uged with more fbroe than the sufastitntion of general for special 
legisktioii. These recommendations, and others made by him, 
were dirscted towards the seenring ii>f personal responsihility in 
olBcials from the Governor down, of democratic equality hefore the 
law, and of antomatio simplicity of administration. By means of 
this last he would avoid the necessity of a multiplicity of laws, 
eostly and sometimes corrupt in their making and contradictory in 
their tenor, permitting here and forbidding there, with little cause 
isr enactment save chance or fayoritism. 

The career of Russell, as I have imperfectly indicated it, shows 
tibat he possessed unusual popularity. Indeed, when it is remem- 
bered tiiat his public career was confined to his own State, the 
extent as well as tlie intensity of his popularity seems something 
phenonenaL In processions in other States where he represented 
this State as Governor, he was followed by special and enthusiastic 
lOTlanse In Chicago, as in New Yorii, wherever he went, there 
was always great pressure to catch a sight of ** Billy Russell,** as 
he was fiuniliarly called. It is impossible to account fully for this 
wonderful popuUiity. To say that he deserved it is, unhappily, 
■ot to explain it 

Governor Russell was extremely fortunate in the time of his politi- 
calaetivity. The Democratic par^' had had a revival, and a revival 
under its best form. Under the leadeishlp of Clei-eland it promised 
die country an admhiistration the object of which should be, not 
the advantage of partisans or of certain classes, but of the Nation. 
Russell was beUeved to be a man of the same stamp as CleYcUind, 
whose personal friend he became. He was believed to be both 
capable and honest Thk Democratic revival does not, howcTcr, 
explahi his special popokrity; lor, as we have seen, he was elected 
when Ms puty was defeated. He was elected when even Clere* 
land isiled to cany the State. 

Mr. Russell was doubtless a politieian, and a politician who 
u nd ei ito od the busfaiess better than many who pride themselves on 
being pneticaL His chief art, so fer as I can learn, was an uniait 
faif laet by whidi he was able to adapt himsdf to the persons and 
Ae Bsw iinitiss with which he was bfouf^t into rektion. He 
oenU be yooy with Ae young and mature with the tfao^ightfuL 






A 



1807.] 



IIEICOIB OF WILLIAM EU8TD BUSBELL. 



89 



This was perhaps his nature no less truly than his art He had a 
wonderful memory for faces and for persons. If he had once met 
a man, he not only recognized him on a second meeting, but 
recalled the circumstances of their former interview, and was aUe 
to take up the conversation where it had been left When he 
was to speak in a town, he made himself thoroughly familiar with 
its affairs, so that men wondered that this young politician knew 
things about their business that they did not know themselves. 
He not only made such preparation for special occasions, he was 
all the time eager for foots. A friend who trayelled with him in 
the South tells me that he was unwearied in gathering information 
in regard to the region that they visited. A foot once learned was 
his forever. What he knew, he knew, and he knew why he knew 
it If in a public meeting one of his statements was questioned, 
he was ready with his authority. On one such occasion he referred 
a Republican objector to Blaine*s Histocy, which he recommended 
to him as extremely interesting reading. 

His adaptation to circumstances and persons does not mean that 
he stooped to cater to the passions and prejudices of those to 
whom he spoke. He insisted that the management of his political 
campaign should be kept at a high level. If at any time when the 
party leaders were in council a proposition was made to take 
advantage of some story in regard to a political opponent by which 
his reputation might be injured, Russell would put his foot on 
the phin in a moment He would say that he would radier be 
beaten than to win by such means; and he would add, **Think of 
the man*s family; and perhaps the story is not true, after alL*' 

The theme to the discussion of which Mr. Russell*s political 
speeches were most hugely directed was the policy of Protection. 
The faUacy of this doctrine he exposed and its unfairness he 
denounced. His campaigns were campaigns of education. His 
hearers were instructed as well as charmed. His Speeches that 
have been colleoted and published are filled with thought and 
information. He attacked Protection just as openly in a manu« 
fscturing town as he did in a commercial centre. He denounced 
the Silver heresy no less strongly in Virginia, in the midst of a 
population that had been canied away by it| and with one of its 
prominent defenders on the platform by his side, than he did in 
Maiwaohusetts. 






THB ooumuL aoGiKTr or uAB^JLcavsmm. 



P>ML 



Ronell ettilj learned that ffmnkneee is the beet polioy, —a lesson 
that many politiciane never master. A delegation once oaUed on 
turn to nige the appobtment of their candidate to an important 
oflke. Rossell beard all they had to say* and then told them that 
he agreed with them in having a high estimation of their candidate, 
bat that he considered him not np to the position for which they 
uged him. Thej went out without a word of reply, but were 
beard to say among themselves that the Grovemor was about right 
Upon another occasion a delegation of colored men came to protest 
against the treatment they had received from him. He had asked 
ti«m to name a candidate for some ofBce; they had sent in their 
leoonmendation, but their man had not been appointed. Russell 
pot them into good humor by a witty if inelegant characterization 
of tiimr man, and then lectured them soundly for havii^ recom* 
mended such a person. He told them that they had insulted him 
in so doing. They, too^ went out, feeling tiiat the dovemor 
knew what he was about 

Such things, instead of lessening Governor Russell's popularity, 
•eem to have increased it They went to confirm the impression 
mpcm vrhich his popularity to a good degree rested. If I may use 
tibe woid that means so much in the dialect of the New Englander, 
men recognised die hct tiiat Russell was ^smart*' He was so 
yom^ to be Mayor, so young to be Governor, so young to know 
so much and to have such self-assertion. All tliis pleased the 
people greatly. It was not merely the fact tliat ho was young; he 
seemed the impersonatioa of youth. He was so lithe and fresh. 
His face was interesting rather than handsome. His speech was 
winning and convincing rather tiian eloquent His voice had 
gveat eanying power rather tiian strength. Nothing could be 
more unconventional than his attitude on the platform. He would 
sometimes stand with his arms akimbo, and as he turned from side 
to side, would do it, swinging round upon his toes. I have seen 
Inm in this way address a University audience in Cambridge 
Another favorite attitude was to stand with his right hand on his 
hip wiule he made gestures with his left Tlicse tilings sound 
giot e sqii e in the telling. Thej would have driven a teacher of 
entory wiUi but some h ow t wliatever he did, became him. He 
pal a certain gnee into it all| at least his' pessooality was fell 
it 









r.? 



i 



%: 



IW.} 



MmoiB or wiLLiAsc xuaxm bubsbll. 



n 



.*. 



h 
A 

y 



After all, it was this personality tiiat affected those with idiom 
he came into contact, and this no analysis can present Wherever 
he went, he carried this charm with him. Young men were wild 
with enthusiasm for him. Lfile4ong Republicans would s<nnetiines 
say to their sons, ^ Yes, you may vote for him. I cannot; but I 
will not vote against him." Eveiy triumph thus accomi^ished 
helped to swell the story of his success; so that those who had not 
seen him were eager to meet him and put themselves under the 
same spelL 

At the close of his term of <^ke as Governor, Mr. Russell 
returned to the practice of his profession, and into it he threw the 
same eneigy that had marked his public service. The confidenoe 
which men had in his sagacity and skill brought him an immense 
practice, and he was equally successful with the Court, with the 
Jury, and in consultation. His legal business was, however, often 
interrupted by calls which were too attractive to be resisted. In 
1894, he delivered the annual Oration before the Yale Law SchooL 
The next year he addressed the students of the University of 
Michigan. In April, 1896, he addressed the National Association 
of Democmts at Montioello, upon The Work and Princifto of 
Jefferson. He contributed to The Forum for May, 1894, a valu- 
able paper entitled A Year of Democratic Administnition. 

In the spring of 1896 Mr. Russell declined to be a delegate to 
the Democratic National Convention at Chicago, and refused to be 
thought of as a candidate for the Presidency. Later he decided 
to attend the Convention, hoping to be able to exert some influ- 
ence. It was probably the most painful experience of his life. 
He had been a Democrat from his childhood up. His &ther held 
an honorable pkoe in the party as well as in civio life, and from 
him young Russell learned the lesson of party loyalty, and doubt- 
less learned to honor the party in him. He was a partisan, but 
he loved his party as no mere partisan could do. He saw it 
assuming the position in whkh the best hopes of the country could 
be pkood upon it His patriotism and his partisanship became 
one. He went to Chicago to find his dearest hopes di8aptx>inted. 
The politicians who had unwillingly followed the lead of Cleveknd 
till they secured power, turned against him in Congiess, and 
thwarted his most eherished phms. Now, in the Convention at 
Chicago, they were wild with joy becaiMe they could east him off 



■ ] 



! ^ 






THS oounriAL tocncnr or icAMACHUBEin. 



[dbo. 



loterer. RaiBeU found ihtb party thtt had been his hope and his 
pride stooping to alliance with the moat extiaTagant elements of 
American poUtks» and, for the cake of ioooees, adopting the most 
perilous financial hereqr. He strove Tainly to check the disastroos 
plunge of his party into disgrace and ultimate fulure. Never did 
he i^pear nobler than when he rose to protest against the mingled 
luMUicism and demagpgism that wers the nilen of the hoar. He 
had alwajs spoken his real thooght without regard to the prejudfee 
of his hearen, but never had he addressed so hostile a body as 
this. Respect for him secured a hearing. Hie words were at the 
time vain, but they deserve and will receive study and admiration. 
In his q^eech he saidt — 



••T¥s lloCber SUts 
above sxpedleo^f 

wist tiM majority or 



taught us, her diildrenf to plsos principle 
above time-eervic e f and pstriotism sbove 
of right and Jostlos not to flinch, no matter 
overtMarlog its demands.'* 



The ConventioQ listened, but swept on in iti mad career. He wrote 
tohis wifes- 
^'I hsd no Mea how hard and distastend this tarir would be. I have 
but one comfort hi It. I know that I have done my doty with fidelity." > 

Shortly after his return to Boston, Mr. Ruseell started with two 
friends lor a salmon-fishing excursion in Canada. He arrived in 
ibtb camp in the evening of the fifteenth of July, 1896, and the 
next moniing was found lifeless in his bed. The end had come 
apparently without pain or premonition. His grief at the down- 
fell of his party completed the work which too great assiduity in 
Us ptofewion had begun. 

Kir. RusseU resided all his life in Cambridge. As a citisen he 
charitable and publio-spirited; as a friend and neighbor he 
requested and beloved. On the third of June, 1886, he married 
llaigaret-Uanning, a daughter of the Rev. Joshua Augustus Swan, 
and left two sons and a daughter. 



1 

ii 
althe 



the Imt leMw that Gormor RMMOwieCe to Me wife 
llMMrid Addfw deUfwed by PtalMnr Cheriet EUot Norton 
eC the City eC Cambridge. This it pebUshsd in the Hemid 
iv Deesmber, 1IS% V. m-lH. 



' in 

It' 



> ''J 



If 

a 
> 



k 

k 



M'j 



18S7.] 



MmoiB OF wmiAic sunns ntrssBXi 



I will not venture to speak of what Governor Russell's death 
meant to his family and to the multitude of his personal friends. 
It meant not less to the State. Though some of the principles for 
which he contended seem to be forgotten by mosti tiiqr are as true 
and important as ever. The Nation will doubtiess at some time 
again leoogttfaBO their wortfai but where is the statesman as youngs 
as strong, and as well bslovedt who will ally the people to their 
support? 



M 



^i^jiOTAf. fOCODOT OV KAltAOBimni* 



IJjau 



IIML] 



JANUABT MEETINGt 189& 

A Stated UkETuro of the Sodety wm held in the Hall of 
*"* the AmtrmTi Academy of Arte and Sciencee on Wed- 
aeeday, 19 Jannaiy, 1898, at three o*clook in the afternoon, 
Ikeeident Whbblwbioht in the ehair. 

The Minotee of the Meeting in December were read and 
approred. 

The following letter, receiyed since the last Stated Meet- 
ings was commnnicated bj die Corresponding Secretaiy : -— 



Hiw Ton^ 



17, 1«7. 



Jen Konst Esq^ Ovrrtipmidinff 8%erMarjf. 

Dbab 8^^ *>I hsre yoor eoomuinksskioo of tiM 15ili intt lofonBiiig 
as of mj dsetioB as sa Hboorsiy Member of The Colonisl Soeistyof 



Ihs boaor tins eoaf smd apoa am, aad« ngsMiaf 
I ffaftsfeU J seospt it 

y«7 tndj joorsy 

Jambs C Ci 



IfoBy 
HasaUfh 



Hie Gomicil lumng p ro p os ed to the Sodety certain amend- 
ments to the By-Laws to anthoriae the election of a lim- 
ited number of Corre sp onding MemberSy and due notice 
thereof haring been given in the notification of this Meet- 
ing, the following action was taken, unanimously, on motion 
ol Mr. Amdbiw MoFarlakd Datis: — 

VUti^ Thsl As Amendments te the By-Laws pieposed bj the 
Ceuneil at Ais meeting sie hereby adoptadt so tiiat Articles 1 
andS e( Ghsptsr IL and Article 4 of Chspte XL willrasdss 
foDowas— 



ii; 



^'..1 



V 



I 



iramn or ani wiluax nsvEMMMLU 



GHAFTEB IL 



MiMiffst Axo Drai. 

Asr. 1. ~ Tte noabtr of Resident Membsfs of tiM Sodstj BSfw sluJl 
exceed One Hoodred. The j iluai be elected from smoDg tlis dUseas of 
Kewichoie ttSy sad sbsU eesse to be members wbeaeyer tbeycessetobe 
reeidente thereof. The number of Correeponding Members nerw *k«h 
exceed Fiftj; end the number of Honorary Members never shall exceed 
Twenty. Tbej shsU be elected from among non-reeidentsof MseeadM- 
setts, and shall cease to be members if at an j time timy beooos both 
citisens and permanent reeidents thereof. 

No perKNi ahaU be eligible to membership who cannot prore, by 
doonmentaiy evidence satiafactofy to theCounoU, his lineal descent from 
an anceetor who was a resident of ths Colonies of Flymonth or ths 
Massachusetts Bay. 

Besident Members only shall be eligible to office cr be eatitlsd to vols 
cr to take part in the business of ths 8ociely. 

Aar. 9.— A book ahall be kept by the Recmding Seoretaryt la whieh 
any member may enter the name of any person whom he may regard as 
suitable to be nominated as a Besldent» Corresponding, cr Honorary 
Member, —it being understood that each member Is bound In honor not 
to make known abroad the name of any person proposed or nominated; 
but no nomhiatton shall bs made except 1^ a nport of the Connea at a 
Stated Meeting of the Sodely. No nomination shall be sctsd upon at 
tim ssme meeting to which it is reported; nor shall oms than cae can- 
didate for Hoaomry Membership be reported at s^y meetlaf. 

CHAPTER XL 
Tka Conrcn. 

A«f . 4. — It rtiall report^ at I to disoretJoa, acsrinstioas for Besldsat» 
Correspondlngt and Honorary Memben, sad set apoa all reslirasllQas 
sad forfeitures of SMmbership. 

Mr. FfiiDBBioK Lxina Oat made the following oommnnt- 
cation ; — 



The foU-lengtii portrait d Sir William PeppemDi wUch hss 
lieen In the possession of the Essex bistitnte sines 18S1, is weU 
faiown througii many reproductions, notsUy the engiaTings c( 
Bnttre and of KObnin, tbe latter sppesiingin the Memcrial Hbtcfy 



i 






M m oounrau sootmr or iLuuoHiiBBRa> {Jax 

of BoitoB. Tbe uiirt'i bum doM not KppMr oa Uie wans, >nd 
b Mid Id b« trnknowii. Winaor twioa mftkM this •tatenMDtt raljr- 
ii^ oa Um Mthori^ erf tbe late Dr. Henrjr Wheatland. I hsre 
Iwj tt ght for Uia Saawtjr'a inapeetum aa eBgraving whioh aeeina to 
■iwaiii eonelmiTely any qoeolioii ■■ to tho puotu of the portnut. 
It ia engtavcd in DMnotint on oo|^r bjr Fot«r Felhsm, of Boatoo ) 
but it ta not notieed in J. Chaloner SmiUi'B deoeription of Pelham'a 
wwts, and I ban not fonnd it mcntioiMd eloevhera. A oompari- 
•oa will allow Uiat it ia nndoabtadljr ongraved tiom the Ebhx 
iHtitnta portiait. The insoription > reada aa follows ; — 

-SIrWmiaaFappemU Bm!. Colooal of ooe of hb Uajertj's H«gl- 
■eats d Ftoot, who ma Ueatoaant Oenenl aad ComBander in Chief of 
tbsAMtrieuFomaEnplaj'diatbeEzpadttioaiWahift tiM Iilaad of 
Cape BtetoB which was b^ipOr Bedoced to the Obedlwiee of his Britankk 
UB)Htr Jne the 17, 17i5. J. SMhartPhui 7i Hhata feoUetez: 
X7«.- 

Ur. Aimsv UcFuun) Vxm nad the followiiig 
p»p«: — 

A OOXlfECTICDT JJLSD OAKK. 

At » (omNT BMetlng of thia SoeMjt I enhmitted an aooonnt of 
an egperift nade in 1T40, in tho Prarinee of the UaasaofanaeUa 
Bay, bj a Conpaaj having no oqiital, oTgonixed for the porpoae of 
funlahiKg a W" cwm>e7( the credit of whioh was hased apon 

mrtgagsa giren to the Conipanj by borrowera of i(a notea.* At M 

that tiDw I alluded briefly l» the bet that the theory npon which fi 

(he Land Bank of 1740 was projected had been pnvioiulydiscnned, 'n 

and that an attempt had been nade to organize in this Prorinoc a 'M 

limO»r company hi 1T14, the propoeed Bank trf that date being in -^J 

tan fooaded npon a project originally snbmitted to the Ceuneil of Rji 

the llaaaachnaetti Bay in 1686 and for a tinu fsToimUy oon- M 

iidered by that body. Elsewhere, I hare giren in greatar detail Rli, 

the eirauBstanoea attendant upon these attempts to estaUiah Land |g 

>6faMa<Mirafw«MTCadtolh«So«i*^MMthcrfaptMloBeltlifapUt» H 

^bMn«MOT«nd)athamllMtia>eCa«riMMMaUr.D>dMMlla(m8Ud«. t- 

11skMrivtisaM>Ir.eb^^«giTbMalkal«tththatMMr«n«xMptthal H* 

)fcaa««^prialbM«tiwMlpwbfa'aiiiDaal«ec^— ialhttpMtlMtwMa "Z . 
On ^nM •< iMlbn* M< N^ 1 - SoU b7 J t Bwk la QaMn •tewl BoMm.* 

■ fliilailil Baahii U^ m* BBw^ iim— Iwlii it fts Wim Msittog {.) 

la iMMry.MW. FUMIiUlan «. l-tfb \ ■; 



I 



TT' 



w 



TJIB COIX)MAI» ef.K:iETV OP >L\S.SAClltRhn'R« 



[Jan 



of Boston. The nrti>^t's numn does not aj»{*iMr oa tlio cinivns, arn! 
is sal i to 1h! iiiikiiown. "\Viiu<or twirn inakc^ Uiitt stntomciit, ivly- 
iitj; ^n tlie uu(li«)nty of the lato Dr. Henry Whoatl.inii. I have 
l»r'r.i^'ht for the Society's insjK»olion an cnijnivinj^ uhich secnw to 
an.^vvcr conchi>iively any qucHtion ax to tlio jMijUor of tho ])ortrail. 
It i*? enijravfd in mezzotint on cojijkt hy I'ettT IVihanj, of H«>Ht<)ii j 
bat it i.s not n'^»tice'l in J. Chuloiior Smith's <lfsori|.tioii of Pelham'a 
TToiks, and I have not foiuid it moniioncd elsewiwre. A eonij»ari- 
son will show tliat it i*; nndouhtetlly engraved from tlio Es.^ex 
Institute pirtmiL The inscription' ni^fb* as follows: — 

** Sir WilU.Mii 1% :,>»rr« II 15nr!, (\>!ojip1 of one of hii* M .i]<'t»i )•*» Kegi- 
2ni*iit6 of }'»:*{ r .: • ». J-* l.:i'it«ijnnt G«.'i>cral and CoininuDder in Cliicf of 
the AMit.rlr^n Torvv-f Krapln' ! ii* the Kxpr'dition ngaiiift the Island of 
Caji Hrrtoa irliioJi wfi*- Jiapj-i!^ U*m{m« 'd U") the Obcdif ncc of Iiin Hritanick 
Majt-My Juno t|»o 17, 1 rir*. J. Sniibcrl Tint : V: Pclbam fceit ct ex; 

Mr. Andrew MrF.\*ij *• .> I>avis rr.td the following 
piper: — 

A C0XM:CT1( I T LAND HANK. 

At a foriiu r in<H'ting of tins S'^oiety, I fjubmittcd an aceount of 
an cx|»«»riniL'nt made in 1740, in tlio Province of the MassaehuMetls 
IJay, by aCorap;^ny liavin^ no capital, orpiuized for the pnr[H>Mo of 
furni.Hhii];^ a pa|M.T eurreney, ilie credit of whieh w;u< Ku;ed ujH^n 
tnort^,ip*'<« given to the Company by lH)rrowcrs^ff ha notes.' At 
that time I nlhided briefly to the (act thnt Ur^ l!n'nry upon \vhirli 
tJie Land Bank of 1710 won pMjVoted had^'^ u ; 'fvioiwly dineussi^d. 
and t'luit an attempt had iM-m muu} ' r fr/io; , ni this Piwinco a 
sbnilar comjjany in 1714, the pr«^f rv ] j* »j k i.f that date being in 
turn founded ujwn a project orJ- -: .: ■;■ \.i-/. red to the Council of 
the Mas-^aehuHctts Bay in V^'» i { i*r a tiriM favorably con- 
ffidiTf^l by that lx»dy. I'l* "■ .•-■%• I li.r.e l.:'^'n ,u ^'Mater detail 
tb • rlfuinjitances atu.iJi*' '>}..,m f]ivm* aMt i'^.w i»» t'stablibh Land 

* ^. '• *'• - J'. 'I' • • . - r. .»*! lo I};.' SiM M f;. »• T •■» .• j»r*s^iou of tlii* pl'ito 
K»' ' •'•' 1 >» tho ct>i>cti(m of uri'--.-' "*• • >:-. l)<!iii*4on Tto^iThSiati^?. 
'i I. • • ' ••. t. :. tMj Mr. 8lftfl<iV *^j>y l« i '« >' " ^ li.at oa my own except tiiat 
Mr. f^-HfVi j.j!nt b^.im tlio fullo'nHti; n^ji' ••■r K'— in t)in KfAcc between 
Uh» iurw»« of S« .JIp* rt *t.\ PtU i:i! • S '. * ..; • ;i.i. k in Queen f»lrpet lU^^tnu." 

• Vrt ri'M >-\] Ha-ii^: I^ml »m.I S !^« i. .s^ uunicAtcil at Iho Stated Meeting 
bi Jall'*arf^ J'-i***, rubln-itionj. iii. I -to. 



7 

J 



1 

I 
•1 

.J 
I 

1 

'4 



f 

i 



J) 



i 




wKm^fmmfmm 





x/a 



^/r////f^f/w:^^M^'mi4^ /J^K^fr/Wt/m*/^^ /yi^r.f/^*f.!/f^yf'm'MfiK^ 



- , -.r^^^Mt9ttfM - _ 












vi 



1808.] A COMKBOnCOT lAXD BASK. 97 

Banka In 1686 uut 1714.' iij ptupoM ia refeniog tt this fham 
to the eariier projects U to recudl to your minda their nmiluitj to 
the Mtoal experiment made in 1740. In the aeoount of the trtne- 
actione of a Conneotiout Ck>mpanf , organized in 1782, which fonu 
the inbject of thie communication, certain reeemblanoee to the 
MaaaachuHUa Land Bank will be eaoilj detected, the origin of 
whioh maj periupa be attribnted to the diecuniona of 1714 and 
1688. In each caae the intention, aj^tarentlj, waa to form a Con^ 
pan; whioh abonld furnish billa aomewhat aimilar in chataotar to 
ths bills of publie credit then ia cirouIatioQ. The ourrenej of 
these bills was to be attained hy lending them to bono wen win 
would agree to receive them in tnde and oomnieree, and who wet* 
to furnish adequate seouritjr for their loans, the genenl idea being 
that real estate was best for that purpose. The borroweis were to 
oonatitute the Company, which was to have no Capital Stock ptdd 
in, and their Toioe in the management of its atEaira was to be pn>> 
portionata to their borrowings. 

The C<mneotiout Company did not originally pose sa an <»gaa> 
batlon of this description. It was chartered in 1782 by the 
Connecticut Aaserablj, under the title of The New Lcmdon Society 
United for Trade and Commerce. It is erident from the tongtisge 
of the Charter that the intention of the AsaemUy was to permit 
the formation of a joint<tock company, in which the members 
ahmild participate in proportion to the amoont of their inretU 
menta. The alleged purpoaea of the Society are sufficiently 
indicated in its title. If upon an analysis of the afCairs of this 
Company we shall find in its actual organisation enough) points of 
identity with the sohemes of the proposed Banks in Ihia Frorince 
to indicate a communis of origin, we shall add to the proof al- 
ready at hand another isstanoe of the far-reaching inflneace of 
the London pam[^t' which fomlahed the methods for the 

■ Csmney D iw awtoii la Miwaotmietti In the Elghtwnth CcDtvj. Qbm^ 
tnt7 JowMl of EoMMttes te Ogtobw 1800; sad J»bbht 18B7, zL T»-S1, 
180-1801 

* A Uodsl for iMteOag a Buk of CredK: With a DbemtiM To EzpIusUon 
tbarM^ Adq4edtoUMUno(aayTr«dingCagDtn7,wlMntlwraliaSoarcIly 
Of UoMTai UoN ^nUUf tor hi* Usjntloo Flutstlcm* In Ansrloa. (M 
CmmmaOt <* UOim. ZMdn, Friated bj J. A. lor Tktmai CtOaHl at the 
IVm £<»( fa tb« J>Mff^ OTBT K>liwl Um »Mfo.Jfflfte, 1888. 

HakUMMiaimtoUtpu^Urtaihsriag bMn rrlatad ta UH, wd lbs 



16 TBS OOIXUnAL tOGOBTr or MASaACHUSERS. [Jam. 

piojecte of 1686 tod ITLA Mid for the experiment of 1740. In 
etder tlMi wo maj lOftch a ooocloBion npon this pointy a review of 
tbe fiieta ooanected with the career of thia Socieijr, io far aa the j 
en be gatheied from the Colonial Reoorda of Connecticut and 
the poMicatiooa of the Coonectieat Uiatoiical Society, wiU now be 

tweaented* 

In Maj, in% Thomaa Scymoiuv John Curtiaa, John BisaeU, 
and fiflj^eigfat othen, aaid to hare been repfesentatire men of good 
standing from yariooa parts of the Colonj, presented a petiUon to 
the AssemUj. The petitioners represented that ••fw tlw promotr 
ing and eanying on trade and oommeroe to Great Britain and his 
lUjestj*s ishmds and jdantations in America, and to other of 
Ua Majss^s dominions; and f<v the encouraging the Fishery etc 
• • • as well lor the common good aa their own priyate interests,** 
ttmj had agreed to unite themselvea together to be a Society 
and have one common stock. For want of authority to act 
as societies do» by Tote, they Ubored under great disadyantage. 
They pn^ to be put in a politic capacity aa a Society.^ 

The Assembly iarored the petitioners, and at the same session 
fceolTed and granted that the memorialists should be declared and 
eoostitnted to be for the f uturo one Society in fact and name, by 
the name of The New London Society United for Trade and 
Commeroe. They and their successors were empowered to admit 
others; to sue and be aued by their name aforesaid, aa other 
aocietiea wero by the law of Connecticut; to elect officers an- 
nually; and to prescribe rules for their meetings; their Yotes at 
aueh meetings to be computed aa follows : one vote for thirty 
pounds and upwards to a hundred to be reckoned to him that 
should put the same into the stock; two Totes for the first 
hundred pounds to him that should put in the same, and then 
one Tote more for erery hundred pounds reckoned as aforesaid, 
tin it ahould amount to a thousand; which erders and rules wero 
to be binding upon the partieuhff members of said Society, and no 
man should haye liberty to tske out his stock without kare of 



1808.] 



A oomraoiiouT lamd baitk. 



M 



b soMlarffe thsl H wet fai pofuevloB of ths panoB whs 
fcrths piojUMa Bmk of 1888. It was NprlaM to 

Tllie*"* * -^^ .8^4 >« mm^ 



pfOpSMQ tlM 

to 1714. 



I 



4 



i 



• V 
'.1 



:^^ 



i. > 






the Society, though he might sell it Then came prorisioiis for 
oiganization. 

The generally accepted account of the career of this Company 
to that iR^iich is to be found in Miss Caulkina*s Htotory of New 
London. It to there stated that it was formed in 1780, ^being 
legalised and patronized by the Colonial goremmenti** and that it 
went into immedtote operation. 

«« Loans upon mortgags wore obtained from the pubUe trsasaiy, sad 
the capital employed to trade. Il bad about eighty membere sea t tersd 
OTor the wfaoto Cdooy. ... To facilitate ito operatioDs, the New Lon- 
don Sodtty emitled bilto of credit or Soctoty notes, to ran for twelrs 
yean from the day of date, October a5th, 178S, to October S5th, 1744. 
These biUs were hailed by (be bosiness pari of the commnnity with 
delight. They went toto immedtote circulation. Bat the government 
was alarmed ; wise men declared the wIk^ fabric to be made of paper ; 
and having no solid support it must soon be destroyed. The Governor 
and Coandl issaed an order denouncing the new money, and an extra 
seeeion of the Assembly was convened to consider the bold position 
of the Society. Tbto was to February, 1788. The Legbtoture dis- 
solved the Association and the mortgages were assumed by the governor 
and company; and the bilto aUowed to ran onto they coaki be called 
in and the affaire of the Society settled. • • . According to their own 
statement a great part of their stock had been consumed by losses at 
sea and disappototmento at home. ... At a meeting held June ath, 
1786, they nnanimously dissolved themselves.'*^ 

Thto account of the doings of the Society to made up in part 
from sources not indicated by the author and in part resto obvi- 
ously upon the legistotion of the Colony. It happena that the 
published Records of the Colony of Connecticut contain so com- 
ptote a rehearsal of the various transactions of the Society after 
ito incorporation that, when taken in connection with the ma- 
terial to be derired from the publications of the Connecticut 
Historical Society, they furnish an opportunity to tnu)e ito his- 
toiy. It to evident from information to be obtained from the 
aourees mentioned abore, that the Soctoty was organised under 
the Charter granted at the May sessi<m in 1782, a^ with disre- 
gard to the purposes set forth therein, immediately proceeded to 

> EKrtoiy of New Loadoa, by ftoases ICttiwarinf CsaOdas (ediftton ef 
2868), ppw aiS, 848. 



Ki 



IM 



TBS OOUmiAL tOOOBTT OT XAflSACBUBETTB. 



[Jaw. 



law.] 



▲ comnDoncuT lahd baitx. 



101 



upon tbe wotk aetoally propoMd far itoeU» OMiialj, to far* 
I Bediuoi of trade to Hie Cokmy of Conneoticat through the 

OT hille of the Societjr. The eoH^Oled etockholden tamed 

Ml to be, not eootriboton of fiiiids» but borrowen of notes. In 
•hofft, the Compenj wae the prototype of the Ma«achu8etti Lend 
Bank of 1740, all of which le fullj brought oat in the inyeetigar 
tioas made hj the AMemUyy to which roferonoe will now be 



The fint atep taken bj the Societjr of which we obtain any 
trace waa a Tote paioed in Aogott, 1782, for printing thirty thoa- 
aand poonda in bUla of credit of the Society. For the parpose 
ef carrying this TOte into effect the Committee haying the matter 
In charge notified one Timothy Green, the public printer of the 
Colooy of Connecticat, who waa then in Boaton, what had been 
done and requested him to ^ocuro paper for the bilk and to 
•employ an engraTer to cut the platea for the Society. This ser- 
nee he performed and forwarded the aheeto in paicela.' A fao- 
^im^xu of one of the bilk ia giTcn in the Connecticut Cdonial 
Beeocdi. Tlie foce of it, so far as it is of importance in this con* 
neetfao, reads aa follows : — 

^TIwesSbflliBgs. This Indsoted bOI of 2Vw 5ftA7fii^ Doe to the 
Ihsieor tern the NEW LONDON Society Ualtsd for Thuto 
in CbMMcMMl in ITBW-BNOLAND, shaU be ia Value 
SfHl la Sater at SiaUm SkOUmgB pr. Oaaoe, or to Bilk of Pnblick 
GMttof thkerthe Nsigbborlag Gorsramsats, sad shall be Acoordiagly 
aeespted by tbs T^««mrer of said Socisly, and in aU Payments in said 
Sedsty tern tfans to tiam. 

ITSS 

hff Orders/ Said 8oeUtg 

Cornt.'** 



} 



The form, it wiU be obeerred, waa conatructed upon that of the 
Old Tenor BOL It anticipated the New Tenor BiU in stating a 
lalne in ailrcr at which it ahould peas, but thero k in it m 
aboni tiw twelTO yean which the bOla, according to Mks Caulkj 
to ran. The date also differs from the date given by her. 
m process ef endmion began at once, and it waa not h 



• 



H 



A 



I 



I 

s 



HiflOffesl QSMSty, If. Hd 

▼iL410. 



beforo knowledge of what was being done under the guise of 
fostering trade imd conmieroe came to the can of GoTernor TU* 
eott On the ninth of February, 1782-88, he issued a precept to 
the Sheriff of Hartford County, in which he recited that he had 
been informed that the New London Society for Trade and Com* 
meroe had struck and signed bilk, on the credit of the Society, 
to the sum of many thousand pounds, and had aold such their 
bilk to hk Majesty's subjects, aa a medium of trade, current and 
equal in value to current money, or bilk of public credit of Con* 
necticut or the neighboring governments, and had received far 
the said bilk provisions and other commodities of the countiy in 
great quantities. Thk he aUeged to be contrary to the peace of 
the Crown, and to be a great wrong to the purohssers of the bilk, 
and a great abuse of the powers given to the Soekty by the 
Assembly. The Sheriff was thereforo instructed to summon the 
said Society to appear before the General AssemUy at Hartford 
on the fifteenth of February, to ahow by what authority they had 
emitted and sold their bilk, and to show cause why the Assembly 
should not order them to refund and pay back to the possessore 
of their bilk the sums for idiich they had been add, and further 
order that they should thereafter cease to strike or emit any bilk 
on their credit, or to be a Society.* 

At the same time, a precept addieased to the Sheriff of New 
London County was issued, in which he was directed to summon 
Daniel Coit, the Secretaiy of the Society, to appear before the 
Assembly at the same time and pkce, and to bring with him the 
records and doings of the Society.* 

At the JSpecial Session of the Legkkture summoned for the con* 
sideration of these mattere the Society put in an appearance. They 
were apparently disposed at first to dkpute the jurisdiction of the 
General AssemUy, but thk plea they waived and based their do* 
fence upon the ground that the bilk which they had issued were 
not of the nature and tenor of bilk of the Colony, but were of the 
ehsracter of bilk of exchange, which they had a natural right and 
authority to emit 

The Assembly, having duly eonaidersd the plea of the Society, 
aubmitted to vote a aeriea of queetfana the determination of whkh 

> CoiketkM of the Gsaasstkot Hietorissl 8o0kty, hr. SM^ Mi. 
• iW. hr. SM^ 170. 






102 



ram oolobul bocdett or mamaohubetts. 



[Jajt. 



1808.] 



A 002VKBCTI0UT LAUD BJUnC 



lot 



wonML BetUe llie tctum naeetsaiy to be taken imder the cinmiiH 
sluiees. The answen to theee qneetioiie maj be formokted as 
Mlowa: — 

Fini, It was not Uwfnl for any society of Connectient, nor for 
anj perMm or peisona, not haying authority for that purpose from 
the goTenunent, to emit, on prirate credit, bills of credit of the 
tenor of the bills of credit of the Colony. 

Second. The bills emitted by the New London Society wore of 
die tenor and nature of the bills of credit of the Cdony and were 
not bills of exchange. 

ThML The Society ought in justice to redeem their bills in the 
hands of poBBCssow. 

Fourth. It was expedient for the Assembly to pass a Bill pro- 
hibiting the emitting or uttering bills of credit, on any fund or 
credit within the Cdony of Connecticut, which were intended for 
a generd cuirency in ]kia of money.* 

Having deteimined these points, the AssemUy proceeded to 
enforce the fourth proposition, by passing a Bill of the character 
therein suggested. They stated in the preamble that they had 
obsenred that great disoider and confusion had arisen in the Got* 
cnunoitby reas(m of the New London Society United for Trade and 
CoaBmeree baring presumed to strike and emit aoertain numbw of 
bins of credit on their own Society, whereby many honest people 
in danger of being defrauded. The peace of the Oovemment 
thereby subrerted and the credit of the Colony might sink. 
Those who should vic^te the Act then passed were made subject 
to the penalties i ny osed upon forgers and counterfeiters of bills, and 
alao to a Corfeitare of double the sums mentiooed in tho bills iHiich 
ahouM be emitted. 

The preeepi issued by the OoTcmor not only required the 
Sodely to show cause why it should not cease to issue notes or 
biHa, but also why it should not cease to be a Society. UptotUs 
point, the Assembly had not taken into consideration the questioa 
whedber ornot the Act underwhich the Society was organised had 
▼iokted. The Cleric of the Society had, however, been sunn 
to ptodnee the Beeoffds, and the Assembly, having first 
At Ael under which the Sodety was oigaaiaed and the 

YlLttL 






I 
i 

\ .1 



records of the doings of the Society to be read, proceeded to the 
consideration of this question. The result of this cTsmination is 
stated in the f dlowing wordi : — 

«« it was obsenred that a Stock was necessaiy to be made, by the propor- 
tion of which Stock pat in by the members thereof, all their voles wars 
to be computed, and that nothing bat Mortgages were pot in by the 
members thereof to make this Stock; On which the following question 
was pat. Whether by the saki Mortgages any Stock were amde, accord- 
ing to the tme intent and meaning of the grant? Besdvsd in lbs 
negative." 

• 

^Nothing but Mortgages were put in by the members thereof to 
make this Stock.^ In these words we have the description of an 
oiganization upon the same basis as that effected eight years after- 
ward by the Massachusetts Land Bank, — a Society which emitted 
bills and loaned them upon mortgage security to borrowers, who 
became thereby entitled to a voice in the prooeedinga of the Com* 
pany proportionate to the extent of the loan. On the above allow- 
ing the Assembly determined that the New London Society had 
by ita mismanagement forfeited the privileges granted to them, 
and at once proceeded to repeal the Act containing the grant* 

Miss Caulkins states that the bills of the Society were hailed by 
the business part of the community with delight, andshe is corrob- 
orated in this statement by a correspondent of Oovemor Talcott, 
who speaks of **the swift currency of the New London Society 
bills through so many hands.''* 

The question arose, How could these bills be withdrawn with the 
least disturbance to the community? The Becordi do not state 
the amount supposed at tiiat time to be in dreulation, but Timothy 
Ghreen, the man who procured the paper and the pbtes in Boston, 
said in his letter to Governor Tah»tt| «« How much of the 80,OOOX 
are emitted ia best known to the Committee, Clerk, and Treasuiw 
of said Society; what ia printed, I eondnde, ia about fifteen 
thousand pounds.**' 

> Coionlil Bseorda of CooDcetioat, tIL 492. 
« CoDsetioM of the CoBosetioat Hlrtoriosl SoeSsty, Iv. S79. 
•AtPablloFriBtflr,OrieBpffiaMthspablloUUtofmiit Biiaotnmrfi 
or sn SMaa^tioa to ssy thst hs smit hsveprintsd ths bills of ths Kow L«idoa 



S .1 



IM 



ram ooumiAh woooBtr or MAMACHvnem. 



P 



list.] 



▲ o onj i a gr iou T laud baitk. 



lOS 



The Am&mhLj ooBcluded at tU Speoiia SeMion tbtt mider the 
fircnmrtanffrf it was expedient to emit X80f000 in puUlio bllla 
•( creditv a part of which was to be let out for the benefit of the 
Goremment, and the remainder to be tendered to such persons as 
the Assembly should appoint and should give securitj* for the 
drawing in <rf the bills lately emitted bj the New Londoa Society.^ 
The determination of the exact amount to bo sot aside for the relief 
of possessors of these bills and the manner in whieh the publio' 
bills should be applied for the purpose of drawing in the Sooietj 
bills was not then definitely concluded, though it may periiaps be 
considered that the limitation to such persons as should give secu* 
lity was meant to apply to those whOiSs IxMTowers of the bills 
of the Sodetf , had assumed certain responsibilities in connection 
tiierewith, and sufficiently indicates the intention of the Assembly 
aithe time. 

At the May Session in 178S, Thomas Sejrmonr and others pre* 
aented a petition praying that the New London Society United 
for Trade and Commerce might be lerived* They also asked for 
a loan of X80,000 from the Colony. For the purpose of deter- 
mining the attitude of the AssemUy towards this petition, two 
questions wwe submitted, the First of which was, Whether it was 
within the authority of the OoTemment of Connecticut to make 
a Company or Society of Merchants? In response to this it was 
iceolred that» althouj^ a Corporation' might make a fraternity 
for the management of tradea, arts, or mysteries, endowed with 
authority to regulate the management thereof, yet (inasmuch as 
an Companies of Merehants were m&de at home by Letters Patent 
from the King, and the Assembly knew not of one single instance 
of any goremment in the plantations doing such a thing) it was, 
at leasti Teiy doubtful whether they had authority to make such a 
Soeietyt and hasardons therefore for the Ooyemment to presume 
upoa it» The Seoond questiott that was submitted was. Whether 
It would be for the peace and health of the Ooremment to create 
aueh a Society; and the answer giren by the Assembly to that 

beeaaboat FIAeM 
fise 



I 

e 



tlMt 

aMy tbtiifbie be iMudBd 

tt.4ee.iM*. 

or 






?3 



>1 
y. 



.An 









iVL 



was, that a Society of Merehants whose undertakings were rastly 
beyond their own compass, and who must depend upon the GoTem- 
ment for their supplies, must rely on their hifiuence upon the 
Covemment to obtain them. Such a Societywas not for the peace 
and health of the Government* 

Haying thus finally disposed of the question whether the Society 
should be revived and permitted to adjust its own affairs, tha 
A ss em bly proceeded to deal with the question of protecting the 
rights of possessors of the Society bills. With this intention an 
Act was passed appointing a Court of Chanceiy to hear and deter- 
mine, according to equity, all controversies about said bills and the 
doings of said Society and the several officers and members theraoL 
The preamble opens with a statement that sundry persons have of 
late mortgaged their lands to Mr. John Curtiss, Tieasuier of the 
late New London Society for Trade and Commeroe, and to hia 
successor, or to Daniel Coit, with a design to form thraMclves into 
a Society for Trade and Commeroe under tha i»ivilege granted 
to John Bissell, Thomas Seymour, and others, under the name of 
the New London Society for Trade and Commeroe. Having thua 
distinctly stated the character of the oiganizati<m of the Society, 
the preamUe cautiously asserts that these mortgagors then assumed 
to be a Society for Trade and Commerce, and as such emitted and 
put in circulation many thousand pounds* worth of their bills. It 
then alleges that tlie deception of the mortgages was discoveredi 
that the credit and currency of the bills was lost ; and that tha 
posseeson of the bills wore utterly defrauded. To prevent such 
mischiefB for the future, a Special Session of the L^isUtuie was 
held, at which it was deckred that the Society had no right to 
emit bills of credit, and it was, therefore, by Aet of AssemUyt 
dissolved* 

At the same session, the Assembfy also resolved that the Society 
oui^t, in equity, to refund and pay back to the possessota of such 
bais so much in current money or bills of public credit as by said 
Society bills is mentioned or expressed. At the time when the 
Assembly originally announced this conclusion, they neglected to 
fix any penalty for failure to comply with it, and th^ did not pro. 
vide any efEeotual means lor enabling possessors of bills to laeover 

» Cn l nniil Bssoidsof C o Ba t rti ea t , viL HB. 






If 



106 ram oouxkuJs wocnat o» jaaaACHUWHcxi. [Jam. 

famnorlngoit. Ai » wrolt of thta. tiie mortgHSW* •*»11 *»««" 
keted to PAT to poiseMOW Uie •mm due them m aforesaid, or 
mrpuid^mM. In oider to cure this avU it wat enacted 
lii^^ mortgagota were liaMe to poeaewoia of Wlla. but, maa- 
MQchaa tliej hadin their poMetaion certain proper^ of which no 
aeeonnt had been rendered, they were to be permitted to hold one 

■wetinff, which, howerer, waa not to hat over three daya, «id 
irere anthoriied to proceed to aettle their accounta aa beat they 
mmUL They had anthoritgr given them to •PPoin* » Co"^^ 
who ahonld call npoQ the former officere for their accounta; who 
•ooU aeU the property of the mortgagors, pay oflf possessors of 
Wla, and ane debtoa before the Special Court Thia Court had 
aathority given it to adjuat and aettle differencea between the 
variow partiea. inteieated in theae proceedings. In order to give 
the mortgagon time to convert their property, the right of action 
en the pari of the possessore of biUawaa poa^ned until six monUia 
alter the fiaing of the Assembly. Special i»ovision waa made for 
direovering what mortgagore were in arrear, and it waa made a 
eonditkn precedent that the possessor of bills should, before 
hringing hia action, lodge hia biUs in court* 

It haa been already atated that at the Special Session it waa 
determined thai it waa expedient to aid the mortgagors in their 
efforts to withdrew the Society biUa by lending puWic bUla to thoae 
who could give aecurity therefor. The time had now come to 
give effect to thia expression of opinion. X15,000 were lodged 
in the handa of a Committee to be lent to mortgagore who ahould 
iiai give to the Committee Society biUa to the amount of tii^ 
propeaed loan, and who could then have the puMic billa at the 
nle €< aix per cent intereat on fumiahing landed security equal to 

twice the amount of the loan.' It ia evident thai the aecurity 
tins 4h fr^^^^ waa regarded aa applying to the principal alone. 
Sepanie bonda were given for the intereat «nd later bonda were 
given by John Bissell, John Curtiss, Thomaa Seymour, Daniel 
Ooit and aix othere to the Colony for large auma, in behalf of 
mmbj otfaem who were mortgagore to answer for ih^ payment 



18M.] 



▲ oomscnouT laxd bake* 



1«7 



t 



^4iMai. 



thsl 



CtalUat's 
thspabtts 



i 

fi 






.1 



i \ 



w. 



p 

i 



1* 



of intersat Afterwarda, queationa arcae about the aubstitution of 
the bonda of individual mortgagon in place of this joint bond.* 
There waa trouble alro about obtaining proper releaaea for aatiafied 
mortgagee given to the Governor and Company of the Colony, and 
reaort waa had to qwdal legialation on the aubject' It does not 
appear from the Recorda that the CMnmittee having charge of the 
aettlement of the affaire of the Company were much bothered liy 
recalcitrant mortgagors. Perhapa the filea of the Special Court 
might disclose some cases of this aorti but it aeema probable that 
the public billa furnished by the Colony for purpoaea of exchange, 
taken in connection with the funds derived from the sale of the 
property of the Society, f umiahed ample meana for the redemption 
of auch bills aa were presented to the Committee. How it waa 
possible f<v a Society without capital to have acquired any prop- 
erty of consequence in so brief a career can only be conjectured; 
but if the same course was punued in Connecticut that waa after- 
warda adopted in Massachusetts, thia property must have repre* 
aented venturea in trade accomplished through unsecured notes 
imued to the Society.* There were controversies both with refer- 
once to the property which remained in the handa of the Com* 
mittee and to the adjuatment of the losses in trade. In October, 
1785, the Committee petitioned the Assembly to cause certain 
I^oceedinga to be poa^poned, aa they were about to aettle the 
affaire speedily and divide the eatate.* The question of the re* 
sponsibility for losses proved more perplexing than had been 
anticipated, if the Committee were really of opinion that they 
could speedily divide the estate; and they were obliged, the next 
year, to ask for the appointment of a Commission to determine 
these controversies. In response to their leqneat a Commission 
waa appdnted with full power. 

It is evident that in 1748 there waa a de&ralt in the payment 
to the Colony of the intereat on some of the mortgagee, for Curtire 
then petitioned for leave to act over to the Colony veal eatate, in 
csdn to aatiafy certain exeoutiona for ** uae-monsy ** due to the 

>CdloiiiUBaooidsofComi6otleat»vil.6aD;rilL6e. •iNivffi.SM. 
• la additioa to « tba losMt at Ma Ik dinppoiatMMilt al hooM •* whloh had 
abMffbed a giMt ptrt ef «Mr stook, Mis CsaOdas ghre lilMMis «a SM et 



Cslsaisl Bsooris sf CoaasolidMl^ viiL Si. 



108 



TUB ooumiAL socDcnr of icAsaACHusrm. 



[iAir* 



paUie tieiiafj of the Colonj from the New London Socieij* 
TUe leferenee to the Societj as debtor of the Colony eaa be but 
the eude« nee of language* Cnrtise had been the Treasurer of 
the Society when it was in existence. After its dissolution be 
had been active in winding up its affairs ; and he was one of 
those wIms in behalf of other mortgagorst had given bonds to 
secure the payment of interest on the loans. These executions 
lor ^use-mooey ** were probably based upon some of these bonds. 
Through the surrender of certain property in New London and by 
giving a bond for what remained due, Curtiss, with the approval 
of the Assembly, was released from the obligations that he had 
assumed.' Individuals, however, continued to occupy the time of 
the Assembly with their petitions as kte as 1740.S 

The exact amount of the circulation of the bills of the New 
London Society does not appear. It will be seen fiom what 
foOows tiiat it required less than £15,000 in the public bills of 
Coonecticuti in their denominational values, to meet the calls made 
mpoa the Committee of the Assembly for purposes of exchange. 
In aU probability the amount of the circulation was not far bom, 
jnO,000. It would seem as if the Committee having in chaigo 
the letting out of the £16,000 to the mortgagors of die late New 
London Societj for Trade and Commerce in order to aid in calling 
in the bills of that Society, must have reached the conclusion, in 
October, 1788, that the period of their active work was over, for 
tiicy then reported that they had received £9,607 lis. Sd. in bUls 
of the Society, which bills were then ordered to be burned.* 

This was followed, in 1784, by a petition of some of the mem* 
ban of the late Society, praying for a loan of so much of the 
XU^OOO as was not required for the purpose of exchanging the 
Society bins. The Assembly was disposed to grant this truest, 
bui bdEove doing so they required the representatives of the Society 
to Idw steps to bring before possessors of bills throughout the 
mrtirs Colony knowledge that an opportunity was dferod them to 
adngs Buehbilk for the publio bills of credit of the Colony. 
To eany this into operation, it was resolved that the Memorialists 
I ps oflamation in the several towns in theColooyto 



sf CoaMoCisnL 



viL4n,4ai 

•iMlviLITa 



J 



4 

1 



V 

I 

V 



UNl] 



A oonraonocT laxd bamki 



109 






■ ■) 






u 



^ »> 

*. ^* 

4 



the effect that any perMm having biUs of the Society in his ^ 

aion might, upon hinging them to the Committee, have biUs'of the 
Cdony in exchange therefor. This proclamation was to be ^^^ fA n 
by affixing a notice containing this information upon the sign posts 
in such towns. If the Committee should certify that this had been 
done and that aix weeks had been allowed for the bringing in of 
the bills, then so much of the £16,000 as remained in their poo- 
session could be loaned to the mortgagors.^ 

The Imding of the unexpended portion of this redemption fund 
to representatives of the Company after these Anal efforts had 
been put forth to protect possessors of bills, is a distinct recog- 
nition of the compliance of the mortgagors with the law, and it 
may fairly be assumed that the circulation of the Society bUls 
must practically have ceased when this was permitted. Although, 
as we have seen, there were matters connected with the Company 
which occupied the time of the Assembly as kite as 1749, this is, 
to all intents and puq>oses, the disappearance of the Company 
as such from the scene. 

We have been enabled through direct statements in die Records 
to ascertain the approximate date and the method of the oiganiza- 
tion of the Society and have had beforo us the form of the bill 
which was issued. Two points alone remain in Miss Caulkins*s 
account which aro of enough importance to demand independent 
examination, and these aro the statements that the UUs wero dated 
in October and wero to run f<v twelve years from the day of date. 

The date in the fac-simile given in the Records comsponds with the 
time when Green said that he executed the older for the Company 
and had the bills engraved. It is reascmaUe to suppose that the 
entiro issue boro the same engraved date and was simikr in chaiacter. 

This conjecturo is reinforoed by the conclusion of the Assembly that 
the biUs wero of the tenor of tiie public bills of credit, a state- 
ment which could hardly have been made if tiiey wero twelve- 
year notes. Such variations as thero aro between Hiss Caulkins*s 
account and tiiat disckMod by tiie Records may all be chaiged to 
laA offomiliarity on her part witii business term^ 
T^ bring tiie ease, tlie mortgages given to the New London 
Doeiety will naturally suggest themselves as peihape pnesmsing 

« Cn l sniil B ioo r ii <| Coa n so ti el ^ vJi g06L 



'4 



> 



uo 



THX COLORIAIf SOOnTT QT MAMAOHUUETJn. 



IJam. 



power to ezpliin the stateaieiit that the Sooiely notee were twelye- 
jeer notes. Theee Biorlgagee» it will be lemembered, were said 
li^ the Assemblj to hare been made to John Cnrtiss* Treasorer, 
to his sQocessor or to Daniel Coit Two of them at least are to 
he found in Hartfoid, and throogh the kind offices of Professor 
Franklin B. Dexter, of New Haven, I am able to give their material 
leotores. The consideration in each mortgage was defined as 
••eniTent money.** The date of each was 24 October, 1782, and 
both ran to J<^ Cnrtissi Treasurer of the New London Society 
United for Trade and Commerce. The proviso in each read that 
the deed was to beocmie null and void npon payment being made 
**dther in silver at sixteen shillings pr ounce or in true bills of 
pnblick credit of this or the neighboring OovemmentB, or the like 
som in bills of the New London Society United for Trade and 
Coomieroe upon the credit of said Society, and that on or before 
the thirtieth daj of October which will be in the year of our Lord 
Christi one thousand seven hundred and forty four.^ A person 
who had never seen one of the Society bills, if endeavoring to 
wmk out a description of them based solely upon these mortgages, 
Biighti if the rough notes taken from the deeds were confused, 
be led to deecribe the bills in terms somewhat similar to those 
used by Hiss CauUdns. Periiaps the New London Registry would 
furnish examples bom which an even closer description might 
be drawn* 

It is more than probable that the materials exist in ConnecU* 
cnt f or a more complete history of this interesting experiment. 
The Company probably had some sort of existence before ito 
cfganization under the Charter, and traces of die evils that it 
left in ite track may be discovered kter than 174a The authori- 
ties lor the foregoing account are practically confined to the 
Coknial Records and the Talcott Pigpen in the publications of 
the Connecticut Historical Society* No perMm can rise from a 
perasal of these documente without feeling respect for the Colonial 
Government of Connecticut The wisdom with which they treated 
tiie New London Society, whether we have regard to ite peremp* 
toij dosue or to the aid extended to the memben in the per> 
e( the duty imposed upon them to withdraw the oirou- 
bhi msffkeil eentnst with the proceedings in Massachusette 
the eiUlnij and uqnst Act ef Pteliamsnt» 



5' 

4. 



f 



I 



ises.] 



▲ OOmUUTlCUT LAXD BAinf* 



111 



If the true character of this Society has ever been set forth I 
have fiuled to see it Dr. Douglass ref en to it as follows : — 

^ CknmeoHeHi emitted Bills only for the p r e s en t n ecessa r y Chaiges of 
Government upon Ponds of 2\udm, until A. 1785, having granted a 
Charter for Trade and Commeroe to a Society fai Haw London^ this 
Society mannfacUired some Bills of their own, but their Cnrreney being 
soon at a Stand; the Government wera obliged in Jnstics to the Fios> 
sessorSf to emit 50,000/. npon Loam to enable those concerned in the 
Society to pay off their Society Bills In Colony Bills; their Charter was 
vacated, and a wholesome Law enacted. Thai for any tingU Ptrtom, or 
Soeieljf o/PBrmm$ to eaitt and pa$s BiUU for Oommeret or in imitation 
ofCotontf BiXUt PtnaUy $koM heoMin (km ^f Forgerjf^ or tff counter' 
foiUng Coiony Bitter^ 

Dr. J. Hammond Trumbull, in his First Essays at Banking, and 
the Flnt Paper Money in New England, overlaf^wd this period in 
his notes but did not cover it in the text of his paper. He rafen 
to the Society briefly in a note.' 

A careful study of the puUio bills of credit of the Colony of 
Connecticut was made by Dr. Henry Bronson and communicated to 
the New Haven Colony Historical Society.* The author treated of 
tlie Colonial currency exclusively, and althou^ his subject brought 
him in touch with the transactions of the New London Society, he 
made no effort to analyze its affairs in detalL Brief as his con* 
tact was with this part of his subject, it enabled him to detect 
some of the errors in the account given by Mies CauUdns. 

If it shall prove that I am mistaken in thinking that the 
points of resembhmce between the New London Society and the 
Massachusetts Land Bank have not before been described, this 
account will lose the feature of novelty, but it may perhaps still 
have some value as an independent presentation of the s 



> A DiieovrM Conoemins the Cnrrmdet of the Britith Fbatstfcmt fai 
Amerioa. EspedaUy with Begmrdtotheir Fkper Money: lloie Ptetlealar^, 
In Betotlon to the IVorinee of the lIiMMihnMtts Bi^, hi New Eaghuid. 
Boston. & Kneelend k T. Green, 1740^ p. IS. 

• FhMeedinge of the American AntiqaariMi Soelety te Oolober, 18SI, Ktw 
Serlei, UL S09; Note D. 

•lliitocletlAeeottntoftheCooneetiootCnhwM^,byHeniyBw«o^ 
42, 4^ of M. BioiiiOB*e Heliograph. 



Hi 



THX OOLOiaAL 80CISrT OF MASSAOHUBBTn. 



P 



The following letter irom oar associate Mr. Abmsb C« 
CSooDBiXy Jr., was read by Mr. Davis, to whom it is ad« 
dressed: — 

BAMMMt It J«NMI7» 10M. 

Uy dbae Sn* — Being foreed, most unwiUinglj, to be absent 
bom tbe meeting of The Colonial Society to-morrow, I am once 
mote compelled to beg of joa tiie favor to represent me by reading 
tiie aceompsiqring psper (or tbe translation of a part of it, rather), 
which I am sors jon will agree with me is worthy to bo printed in 
our Publications. It is an exact copy of the rec(»d of a Commission 
granted by King Geoige tiie First in 1726-27 to Edmnnd Gibson, 
Lord Bishop of London, anthorizing him to exercise oertain epis- 
copal functions in America either in person, or by a commissaiy 
er commissaries to be appointed by liim. 

This docnment,* which had long eluded the researches of Mr. 
Saiasbuij, I had tbe gratification, recently, as I have already 
infonned you, to receive from Miss Walfoid, who found it under 
the direction of Miss Connolly, my former chief clerk on the Prov* 
ince Laws. Itdoesnotstrictly belong to the group of Ccnnmissions, 
etCn relating to the civil administration of tiie Province which I 
have contributed to our Society, but since it is equally valuable as 
bearing upon the attempts made liy the Home Government, during 
tiie Provincial period, to establish the Eiiiscopal system in Masna- 
ehusetts, I ask you to o£fer it for the eonsideration of the Committee 
of Publication. It is especially enjoined upon the. notice of Gover> 
nor Beklier in the forty-seventh article of his Instructions. I have 
not been able to find it in print anywhere, but should it prove to 
exist in any publication I should, of coutm, withdraw it A roost 
inte re sti ng account of the exercise of the Bishop^s authority under 
this Commission, in the appointment of Roger Price as tiie first 
Conunisssry, he bebg then Rector of King*s Chapel, may bo seen 
in the firrt v«dume of the Annals of the Chapel, pp. 171, 172, 883, 
and 4M, — a work in which our Society has a special interest, since 

« fMml Bitt IS G«ff9 1^ part 4, M. S» dbrM. The itfoMM to tirfi Com- 
■i i tio a hi tha »tw Ifagi aa J Hitlprigal —4 Q wm mhf fi M t l Begktw lor OBtober, 
mS,az?L4e9;iilathtfaMompfett4iM«)iifaitheJo«nM]fof tiiaLofdfol 
The —ulM i j al af the fMml Mr. fialatbaiy, appaml^, I^OM to 
. A mma4 C o M i i Mi u a to OibwM, 1 Oeoi«e U. (2S April. 172S), b 
Bdatffs Is the ColMdal HiMaiy af ths etals af Htw 



l«fctv.eiii 






,1 ■• 






* 

f: 



i: 



ISSe.] LETTER ROM MB. ABVIB 0. OOQDXLL, nu 



US 



it was completed under the editorship of our associat^ Mr. Edcs, 
in a second volume of nearly seven hundredpages, — a monument 
of comprehensive and painstaking lesearoh. 

There is, perhaps, no better illustration of the readiness of the 
Home Government to usurp authority over the Colonies than the 
practice which obtained in England and was sanctioned by Episco- 
palians here upon the unfounded assumption that, by virtue of his 
ofiice, the Bishop of London had ecdeaiastical jurisdjction over the 
Colonies as m paHibus inf^ium. In 1726 tiie legality of tiiia 
inactice was questioned by Bishop Gibson, who declined to follow 
it without further and explicit direction from the Privy Council, 
and upon his petition it was determined by that body that the piao- 
tice was unautiiorized, and tiiat tiie jurisdiction cUimed could only 
be conferred by letters patent Accordingly, the Commissiim before 
us (which is a Patent under tibe privy seal) was issued. Itappeaie 
not to have been renewed after the deatii of Gibson, which happened 
in 1748. It is supposaUe that there were valid objections to the 
legality of a Patent autiiorizing Episcopal interference in the eccle- 
siastical afiEain of this Province ; probably an insuperable obstacle 
was deduced from tiiat dause of the Province Charter which guar- 
antees liberty of conscience. But of this I may have sometiiing to 
say at some future meeting of our Society. I may however add, 
in passing, tiiat discrotion as to tiie act or degree of interference 
could not have been confided to a more careful and judicious 
prelate than he who then held tiie See of London. Beaides being 
a profound tiieologian, and tiioroughly versed in ecclesiastical 
histoiy and tiie canon Uw, he had a judicial mind not easilv 
moved by partisan appeals of ilUdvlsed lealots. Toniay he is 
probably best remembered as the aeoompUshed editor of Camden's 
Britannia. 

The Patent is written in abbreviated Latin,' and witii tiie cony I 

wbnut a translation of so much of it as is suflldmit to give a iSear 
iaea of its purport 

ITie original copy faansmitted, which Belcher was oideied to have 
registered in tiie public recrads of tiie Piwinoe, was uadoubtsdlr 

consumed in tiie great fire of 1747, of which devastation Mr. Noble 

s 



\ * 



i ,. 






y. 



114 en CTHiffi "**- Boaarx or uAMBAOBxmaTB. p**. 

IbIbbw Be ta hM f<mnd • HieiwitMia'im «f toiiw totM««^ P^ 
iiookM in » paper or wooid in hi* office.* 
^JSLa Sfweekly New Letter of 4-11 May.lTST. contwned 
IJ- MmwLjement thei thi. CoBinu«on would ioon p« the^^ 
it wwld eeem thrt the delegition of wthorily to Comim-aiy 

iMtmrtkne, to wUeh I haw lefened, were prepwwi • Utttole- 
yHB foor noDthe before this date. 

Sincerdyjroo". ^^.oood^,,. 

UcFmmlmmb Vayu, iMty 



[TrandaHan.'] 
Oe Wwafc:, to tbewvereiHl rather fai Chftei, Edmchd, bj the g«« 

inf «r^ po««.ian. I. A»«lca hare «K>t jet been dWded or 

eTowa Britalm by Tetwn of which the jorMlctioii in ecdeslMtlcd 
ttMS erbfaiS fai thoee [pboee] or In enyone of them, pertains to ui, 
gOone^eetheenpfeiM heed on ewth, of the Charch; «^7"«fV^ 
fcliHUnwd necisMy to ne thiit ha^ 

cat telediciioo in thoee leglone fa the faferlor CMuee set forth fa these 
mJnti be by oor Royal anthority Institnted and exercised fa aooord- 
SocTwith the faws and canons of ^ Chorch lawfully accepted 

and aanctlooed to England by which the sincere worship of God and the 
p« prof essfan of the Christian religion niay be better ptomoted, Kww 
TUJitbaiwe, fWly eonflding fa yoor sincere piety and learning, andta 
the mnlghtness of yonr character, and fa yoor prudent drcnnspeetlon 
and Wniiy fa the adniinistratlon of alfklrs, by onr special grace ao^ 

of oor oeftafa knowledge and mere motion hare giren and granted, and 

Vf these pieaenti do give and grant, to yon, the aforesaid Bishop of 
SwnKW, fWl power and authority to exercise, fa person or through yoor 

chosen uimmJwsfj or uuinmlsssrins substituted and nominated by you, 
ipWtwd and eoeWastlcal Jurisdiction fa the respecthre colonies, pUnta. 

u!m and an oor other possessions fa America, according to the faws 
gad eanoM of the EngUsh Church at lawftfly accepted and sanctkmed 
to England to the special cansee and Inferior matters mentioned and 
to those presents; and as a deoUratlon of oor Royal will as to 
SM tbs special causes and matters to which we desire thai the 
jwliiMott be onraised by tMm of tUo oor 

stthsir< 



. :< 



I 



1 ♦ 






'\ 



16M.] BOTAL OCnongglOir TO THB BISHOP OT LQITDOir. 115 

hsTe further glten and granted, and by these p r e s en ts do give and graa^ 
unto you, the aforesaid Bishop of Lovdov, full power and authority, by 
yourself (fa person) or through yoor cbosMi commissary, orcommlssariet 
substituted and nominated by you, of vlsltfag all the Churches fa the 
colonies, pfantatlons and all our other aforeeaid p ossessions fa America 
fa which divine senrlce shall hare been celebrated according to the ritea 
and lltaigy of the English Church, and of summoning all rectors, curate% 
mfalsters, and Incumbents, (or persons called by any other nasM what* 
soever) of the aforesaid churches, and all presbyters and deacons ordained 
fa the holy orders of the En^^lsh Churdi, or any one or more of them 
before you, or [yoor] commissary or commissaries aforesaid, and, by 
witnesses sworn fa due form of tow by yoo or the commissary or cook 
missarles aforesaid, and fa other fawful ways and modes by whldi this 
can be done better and more eflScadoosly according to law, to inquire 
concerning the behavior of these, and concerning the behavior of parish 
clerks and to favestlgate concerning their experience, care and diligence 
fa an duties pertaining to the position of parish derk, according to the 
laws and canons of the English Church ; and also of administering any 
lawful oaths whatsoever ususl fa ecdeslastlcal courts, and of correcting 
and punishing the aforesaid Rectors, Curates, Ministers, Incumbents, 
Presbyters and Deacons ordained fa the holy orders of the English 
Chnrdi (and parish derks according to their fault) whether by removalt 
deprivation, suspenskm, excommunication or any other sort of ecdesfaa- 
tlcal censure whatsoever, or of due correction according to the ecdesl* 
astlcal csnons and laws aforesaid. And further we have given and 
granted, and by these presents do give and grant, to you, the aforesaid 
Bishop of Lonnoir, full power and anthority, through yourself or yoor 
commissary, or yoor chosen commissaries, of Inquiring concerning the 
condition and repair of parish churchee, and bouses, from any rector, 
mfalster. Incumbent, or pereon called bj any other name, relating or 
pertaining thereto, fa the colonies, pfantatk>ns and all our other aforesaid 
poeeeselons fa America, and concerning the provision by all these whom- 
soever for the decent and regular celebration of divfae servkM and the 
administering of the Eucharist fa the churchee aforeeaid according to the 
required and n ec es s ar y requirement of the tow; and of oompelllag and 
coerofag these persons, ete. 

Mr. JoHK Noble presented, for paUicatioD, a literal wpf 
of a fragment, in Secretary Bawson's handwriting, of the 
original Journal of the Massachusetts House of Depaties, 
for the Ma7 Session^ and a part of the October Sesdon^ of 






\ 



u< 



THB ooumiAL sogutt or kabsachusetxs. 



[Jav. 



1649. The diaocnrerj of this document* wm annoonoed bjr 
ICr.NoUe to the Sodetj at its Stated Meeting in Februaiy, 
U9V The text of the paper is as follows : — 

FSAGMENT OF THE OBIGINAL JOURNAL OF THE 
MASSACHUSETTS HOUSE OF DEPUTIES FOB THE MAY 
SESSION AND A PABT OF THE OCTOBEB SESSION 
OF 1649. 

[Tte MiBMBffipl, wMi tht eieeptioB «f • lew tntriet aoled it Ibej oeonr, it 
ia tht hiadwritiBf o£ Edwavd Bawwa. likcomprktdlmlkymiftntmjpuftn, 

motoKdimg lo tht •ontentii hum Ilia loDowinf orderx tkurn 

•aeh); Midiwol6M«t(twoiMifMeMli). ForcoufmAnobci 

k lMt« pi^ed, la broad^tead igurai, 1 to IS la braolnts. 

ladfaatB a doabtf ■! rMderiaf. Braekets with atan ladiatta 

latliaarigiaaL Wkara tlia origiBal k wM^ Ulaglbla tha 

braekala. Upri^panllela ladfaala latiflinaaitaa 

la tha ai%lBaL] 



Cloarpasaa 



iilrflUaak 



ISm 
I 

r 

r J 

B(WSaHoMta]l£a4't 



{Top tfOk let/Um ^0 



]Eiri 



iiLMeiiLase.1] 



Jot Wlatbiop 
Novan 



Thow Sjat 
H lbb hia s 



na! AfliialaBlst 



} 



BobtBrid^ 

Edward Oibboos EaqT aM^o^fraaUt 

Bieh! BaaatU gaat Traaaaiars 

Tkow Dadlaj Eai^ 

SisMB BfadatntI fittt 

Jos Ea^Beott Ea^r QoiT «*> 



abseala aftf CSoaf< 
Spaakar — 1* 
CaplHawtiioni --6 
M* Bartbobasw X 6 

ai^Kaajao 6 

tWaikr a 

If alltbass. payt 

aoly*Clarks 

BoitopayMs 

aU 



BaOiaahfiEa^rs 

t 

shw 

aaatatka 



Oaiai nea» dihr. SS^iOS^ 

■■ imwinaoaa 
oltha 



i PMkaliaaa, IIL asr. 
Ijypa tkraiq^mil tUa 
Calaaj 



P 

T J 



I 

f 



4 
,1 



. s 

l 



'A 

■■;f 

- * 

< r 

i 

1 



< 



-■ 

•5 



1 






1806.] JOUBVAL QT THB BOUIB OF UEXV T iM M, !•!•. 

t«. lUy 1649 1 

/* Mttll Bofeonnetl for D«p^| wm BMd 4 AeMpM ylr 

nametan \ 
m^yf DtniU DeoslMa / SpMOnr 
Mfm s Capl W^ Hawthorne. Coneocd s Capl Slm5 WOmI 



m 





Hen. Bartbohneir* 


Dedham. Anthos ffiaher. 


Charlottoi 


naJoF Sedjoke. 


SlUabnrj. Left Bob( Hka. 




nfVffXkmbj. 


Hampton s W" Eaatowe. 


Dofobeolf 


flfgUmer. 


Boolej. Hoaph s Beyoor 




Tbo. Jonei. 


Sodboxy. Edmond foodoMV 


Bofloa. 


Capt Keayne 


IDooerl 




JameaFenn 


Braintiy Capt W* Ting 


Bosbiuj* 


CaptFriohaid. 


SaoiiellBaiae 




W"Pixkeax 


Glooeater Obadiah BtMib 


WaliPTottiio. Bloh. Bfoono 


Woobonrne: Left Jdhnaon* 




Ephraim Child 


Wennan. W" flUnb 


Linn 


TboLaitOQ 


HaTePSU : Bobt deoRMBta. 


Gambrdg 


CaptOooking nfJ$tkmm. Bedding BiokWaOnr 


^wwioh. 


najo^ Denlaon. 
BobtPidne 


SprlngfeOds John JohMoaS^VigriPi 


NowlMfy 


EdwBawion. 


S ** 


frOtmOQlB 


Lefl. W* Torrqr* 




fflnghnnit 


NIoo. Jaoobs 


S&ISI 




JcBealex 


8 8 «| 



ssil 



omJo^ Danlell s Bealaoo. waa ohoaen 8p[ea]PB8r 
forthlaaearions 
Fenn :& W* Farkea waa ohoaen Hoabanda [ 
howae <4 Depvtiea for thia] aeeaion [aooofdiag to order 
] [lILief.] 



m 



Entered h BeeeaTed aFMitkm. of John OyCdn^of Sales] 
'x in Beferenoe to a Conq^oalSon tor hie iBpoat of wyne [niiP 
Andltor getfU*] Jamea Pann ft W» FmIb are appointed n 
Conilttee ft have power to Oooq^onnd w*^ him or any othff 
llntner ft to tnme y* ispoel to anaMMaU BenI for lower 



US 



nx oounrui. ■ocmr or MAsucKDSBm. 



(Jax. 



jMrn u tbej ahall AgrM * tfaloke niMto. FWrUad KMh 

M)Mbfttorberontlwj*> end of tbi* eonrte [m. iff.] 

Ednij BS7I7 Fadeoti : wjddow : for cxpUMSoa of tb« 

tel %tA Covta Annrer to fair tormtif^ wu accepted of ft gnoDted 

X iha ■hoDld Iwn : j« CoorU [•mli>d«*] BtmAaOoa tt ezpl*- 

••aoH w^M( •[*!■;■] ffeel [aoo>nli>ig to Ur derirel [m. 

IM;ILaW.] 

IT pwan iull Doontnge petkon for js Abating <rf Ua IBm 
«f 60* for Ua Aba«wa ye laat Conrte waa aecepted of to be 
X Aaawend irt«t fat. And ["waa Aaawered*] hla flee wm 
BodUed aeonUng to hla deaire [nt 14a.] 

Itt waa fetal that ■a' Speaker hi the Bame of tbe howae of 
Depu^ ibogld Beikr wf Cobbett tbe thaakce of tbe bowaa 
«*• X ftir Ma wrthj ['thanlMa*] paynea to li» [•Ubo/»] ae^Mtt 
wdi at ye derire of tbia bowae be preaehed on ja day: of 
EtcoScM * that IHl b tbrir deaire he woold printo U (here at 
dawhen)[iiLI«K] 

lit le ordered : Ibat je Agreement made «tii W- nOHfu t 
Hugh gnUiaOQ I BoU Long : W Hndion :* Bobt Tomer for 
^« je diaJnge of yelr Impoat to an asDeall Bent riiall be entend 
amonget the Reoofda ot tbe Conrte. ye Acta of tbe Comlttee 
beti«a Apprared of & they diadtardged. wtb 8 Addhlona: 
•Miliar: (m. X«; It sn.] 

lU ta oriend f f bond ot najo* Bobt Sedjnke Bkbard 
KMeeflfrBMioto Norton ft Davtd Tale: for tbe payment ot 
**v Oe AnnnaU Bent wch (bey Agreed wtta tbe laat gennenll 

Conrto to pey aa Iberefai more Amply Appeaiea aboold be 
Bccocded aomwat tbe Baooida of lUa Coorte. ye Mto of tbe 
CcMlttea theieia k Approredof ft they dieebardged t [m. 
UO;n.SK] 

A wrMng fnm Bprlsgfefid «* Befarenoe to y* Impoat 

eUDendgedfMMiCoMetteattof «sifte:wthla eomitted to 

^i» y e i> t MU eT a aon of Capt Bawfltora Capt Tli* Capt Eeayne 

ft eoM aa^iata. «• ia to be done theteebonto reapaetlag tbe 

AiOeUea of Goaf aderatlon ■ [m. Ut. xn i S. MB-sn.] 

Capt KeayM C^rt Tlag ft Capt Hawlboma are Appobitad 

aCoaitoatoJoyne«*acmaof o«r hoBM/ad maJcelP ['to 

■M* make Belon*a«] to eoaaider abMrt aoma megastoe of Conae 

ftei [nLin;] 

y*MbataMB brt ■eciaaaiT t rian eaaei to be aoMpled ot 

|M.»I MlwtmliiaayaantaiT'eorOoBtBaybeAdlaAed 



IIM.] 



JIKBKU or 9 



m 



[2Vp ^(JU JM/fnw ^] 

]towdithe 
herejtiy ordered 
jbodyeaof 
h]edth Caa p]hialllana cU 
ez]ereiae or pot forth any 
[ nd]ea ot arte nor emdae any foree tte 

[leMe er er]Drftye Tpon or lowarde ye bodyaa of any whether 
yonnge [or cM] (do not ta the moat diflkalt and deaperato 
eaaea) w'Nwt tbe adTke and oonaetit of eiiefa aa are akIlfaU 
tatbeaamaartlf anebrnftybebadt or athaetoftbewyaeet 
and grareet then p'aent, end oonaant of tbe petiCDt or paUenta 
If they be meatia conpotee mnch laaae eontrary to [tbe*] 
|aaeh| adrlee and oonaent vpon pafate of Death or aneh otlMT 
ptmiabmenla aa the natore of the facte may Deaerrai wch 
lawe t* not Intaitded to diaeooraga any from a lawf nU rae of 
their akUi bat rather to eneooraga and direct tbem ta tbe tight 
vae ['of*] tbe ['i'jr |ofl [•aUU'] and to laUUte and B«- 
atrayne the p'lomptiwaa airaganee of [ ] aa tbono^ 
rMt. p^denoe of [their] oaneakOl or uy other aCaiatar]Beapeeta, 

dare be bonld to Attempt to exerciee any ▼MeB[oe] rpon or 
towarda tbe bodyee of yoang or <4d to tbe p^Dd[toe] or hanid 
of tbe life or limee of men womeaor ohOdraB [nL IM; n, sm] 
Att y Beqneet of v/ euTerkke a baaitoc granntad Um 
«n : »* day of of * may > [m. IMl] 

4:lCay 1U9. 
^fJi/ff^ A petlttoa frma Newbe^Beed. abeot Ftam Ilaadi [m. 

m;iLatt.] 
SITmC^ Marblebead pettooni I7 Wr Walton. Hoaaa UavnAe 
mS'JPXH *«•'"*■ Tooneahipp roted A rent vp. y* power ft prMleds 
ot a Tooneabipp graunted by both [m-Uli n.t*a] 

onyFetieiliof BlchaidWaldenw fOr aeeeptaaee «t hta 
exeaae lot Ua Abaenea. ^ [m. iflft] 

*o*«<l [7^ P»8" ehonld atiU BeBHtyDa paaeabla M ■■> 
to oytn aeoidtag to tbe lawe ta foreei tm IM.] 

In Anewer to y pettSoa of Edney Bayly ft EiakWI North* 
tme htr Ur < p^eent faaebMid: Itt le oiderad f y M*' glran to 
ycliIldoreUldr«iof EdneyBaylybyw-. balataMi iiwiiii 
ta y haada of EaeUdl KorOiiM, bnabud to y Mid B4m7. 



Ul 



Mtm 






TBM axLoaiAL aooiErr of MAaBAOHumn. paw . 

tin JoMph Bajlj tooiM d Rieh Baylj. dimMed. abaU 
AttejBe tbe age of tweo^ and one joeret and tben to much 
thereof to be pM to J* Mid Joeeph Bajlj [•eomie*] m 
7* wfll of J* ed DoimP Willm Halstead doth Appoint Aj^j* 
eeid [Joeejphe poidon oat of his f ath" estate shall be 41" 
weh is two thiid pto of the sd [estete] wch some of 41" shall 
also renaine in y hands of y sd EsekieU Northirne till j* sd 
[Joseph] shall atteyne J* age of 14 jeeres. Fkorided thesd 
Esek. North, give soaioent seeoritj to je next [oowt] to be 
holden at Ipswich for y* well educating of y* sd Jossph tlU 

he att: to 21 [y A] for [ye p-Jlyingo of ye sd lega^ A por. 
6oa as fomily is expFsi| [lII.l4S;n.M6.] 

Fieti5oa of Hail sen: for eneoaraginge m' mathewes to 
preach: voted, ye nagis^ Anew' desired first |Ans'di S'day 
next at one of y* olocke all ptyes soBOMd aeofdingly the'* 
aboati [in.isa»2S8; iLaTii] 

Bieh. walde'ns' petiten for his exeoee for his Abssoes 
Beod. A foted w^ot fee |his| ezcose aooepted of : ptL 159.] 

A petiten of Jonathan wade fory dlsbarsm^" of sixty 
poonds liy Tho wade of Northampton for his tss ln|to| y* 
stoekeof the Country for the furtherance of theplantaeon 
for weh he desires land in Flam [llandde>yed by both rnL 

A pe[tiSon of w«] TOley for Abatement of 4" fine Referad 
toy*Coosidera{oaofthemagis*?first[bywtf]d«[ ] 

A o«<rini pte] rtfered to y magis^. [m. 1S4; n. tr,^] 



C 



] petition of y* Inhabltante of Sodboiy 
] of theb bounds westwards, their Requeet 
] lies westwsfd to their Hue so as it praiudles [not] 

]BmuMinhisSOOMfs. granntedtohim. [m.a59;lLin.) 
] pstOoo of NathanieU Boolter * RIchaid Swayne 
] meat of his fine for non Appearance This Request 
] Bsspeet ^ [m lit, n. STi^] 

] Aasr to a FtotiSoQ <tf Solomon francho. •• p week 
AQowedUm for 10 weeks so as bsf or y* tims hegetthls 

4o.[iil1M;1LSI9l] 

iMembeaasnorintheeKgiaalmeofdfor 
The name sC BidMid Walker appean hi the llsit oa pp. 117, Itl i 
Waldms er WsMron appean as a l>qN^ in neither. 8ee also 6eifetsiy 
« — m. . ^^^^ — -^C6kB^Uom^H.9n. 



«The 



laM.] 



if»f 



M 



JOUBITAL or TBM HOUO OV maVTOB^ IMS. 

10.> may. 1649. 
SaUsbuiy nsw Towns petitkm entered, [zn. Zia] 



Ul 



TtliSA 



Ttiisa 



T«IM4I I 



Itto 



mimSJZ 



Ttiisa 






A newkweabout I womens I Dowrie[iix.lH2g9;ZZ.iiL] 
a notber lawe. for p^Tentk>n of ▼nnecessary expenoe of 
I time A chardge for want of dow Attendance on y* Coorts of 
Justice at y* b^ginnlnge thereof. 

another lawe: about magis*! giving Counsell: [nLliSi 
IL279.] 

In Ans^ to: a petition of Jonathan Wade for disbursn^ of 
60" into the Comon Stodce: 400 ac^ of land graunted him 
where he [cann] find it so as it be not |Jodged| plndidall by 
this Courte to any Towne or plantafion already made or to be 
made [ZZL 160; XL 873.] 
^mT^] ^ petiSon of Thomas moulton for Abatement <tf his fine 

'"•^[of 5". [ZZZ.1^;ZL174.] 

J on y« magis"! Retoume y* m' mathewee be not proitted to 
preach either publickely or priTatoly vntill: he hath giren 
satisf ac5on to y* Elders y* heard the errors chardged & prcd 
against biro, or to the greater number of them, ft y* he Ro- 
toome not to Hull acording te the Judge* of oa' bretheieii 
ydepoF. cannot Assent toy* magi«'"herehi:[izLlsa»lie» 

U9;ZL276.] 

In AnsF te y* peti5on|of| EUsabeth Cole wyddowe. ride 

[Ans^ [ZZLIM; 9.878.] 

In Answ* to a Cass ppoonded f or y* exposiSon of adonbt- 
f un clause hi one of the printed orders for Abeenting on y« 
lords Day 

y* QuKSt whether where y* lawe saith that after dew means 
of eoiiTictkm Tsed. he shall f orf site for eu'y offence [5^] he 
te be Tnderttood legall oouYiction or otherwise voted y* it's 
to be Tnderstood legall oonrictioa. [nx. iMi] 

In Ans^ to f petiSon of y Town d Newbery for 
[ ]iiiillltafy[oa]osfs: ThepetitioMra 

not haT[big obeerred «der hi the] EleeSoa of 

their oflloers tiie [ ] <tf tii[elr] dwyee 

but the said petition [ ]doofloa 

accrdhig to an order <tf [ 

]shaU[chooss toy] County [ ][m.288;Xl.8fi] 

s This ^pesis to have been fint wTittsn 80 Md ehsHid to 10, 



* 
s 



5 



ram coumuh aoamn cr uAmAOBmam. 



m 



P3 



*Ik Aiifww to the pet of n/ Raw [ 
€ffd«nd Ibftl tbeire Moovnti be aocC 

iBUmk apaioe in tk$ wi^fmL} 



CJa& 



] 



]ClILaii;lLS91.] 



«tf* 'fofifeh M eererall iMOKrenSeiieyee imj eeofew to 
IN CoMiiS.weeltk liy tiM Ltt^ of tiM preeee thie oowi dotk 
Older thet y^ 

Ib Ab^ to J* petKoB of Joto JohMos rreio^ g^ for 
BecowpcBoe for hb tiioe expende d hi hb office for 4 jeereo 
peel voted he ehell bsre 6" [m: 100 ; n. an.] 

Att 7* Beqneel of J* Tooiie of Breiolree Cept Ting Sea! 
Beeee & Stephen KIngelj are Appointed to endiaeleceweee 
there tUe Teere. [iii:aii;iL87l.] 

* Whereee Ben j peone eeeepe the poniehm* that ehoold be 
inffieled Tppon them aoeording to law Ito therefore ordred by 
thie Coorl * the AnthorHie thereof that henceforth all Con- 
etaUeefto. ^ [m. ifT, 190; ZL an.] 

Voted w* y* DepQ^ jf* in ceee J* joongeel child of our late 
henaored OonV dje before he Attejne the age of 21 jeerea 
jr aOO^ ghren [ehon]Ul be dirlded into 8 pte one to f aU to j* 
widdowe y* other to Deane A SanmeU winthrop: hie |nezt| 
jo n ng ee t eonnee who nen' had any porSon nor ie like to haTO. 

[iix.aii;n.afi.]' 

> In Anewer to the pei. of Elisabeth f ayerf eild for Lib^ to 

depart w* her hneband [it] waeordi that the [ Jehoold 

be gnMnted (fTlded that he ehoald be mder [ ] f < 

if Oferhe [retnm]ee a[gahie3 [|lLltl;n.aya.] 



% ] the Fet of Joehna ileher of Dedhaa 

[ ] the Fiym* of fif^ ebllllnga p batt 

[ ] of wine aeoofding to an order fto [ 

[ 3 the Pet ehoold repayre to o^ oo[mittee] 

[ ] fliat end to sake hie Coapoeitkm. [nt igo- a a73.] 

*In Anewer to the Fet of Charlee Sanndere for nen to be 

nppoynted to appriee the tacklinge A other goode in ft of hie 

eMp thai wae blowne rpp It wae ordr[ed] that nwthew 

Ghafl^y * Arthur Gill both of [boelon] ehaip] be the mm 

app e yted fortheeenrieealereed[in,iii;itafl] . 

end the entriw in the nwirgin egrfael them, OMept the 



'-1 






\ 



V 

.J 

■ 1- 

■ J 






isoe.] 

Srii>a 
TMa 



JOUBXAL OV THB HOUSS CfW IMBFUXI18| WM* 



Its 



»r 
»r 



w 



T«iiita 



In Aner: to y* petition of Tho. BMMllon* for AbateaP <tf hU 
gne Refered to y* next qrteP Court i for an Anewer. [miiOi 

nare^] 

> a bill abont etrayee p^eentcd wae Toted negfatire]^ 
In Ao^ to the peti6on of xtf Tilly he ie only [to pay] w* 

/ 10*: for entry of y petltkm 40* t [m. IM; n. 873.] 
In Ao^ to y* peti5on of Rich. Bdlingham Eeq' & Rich 

Dumer aboot m' Neleone will Referd to n^ SaltonetaU and 

m' Simonde [zn. IM; XL 872.] 

>In Anewer to the FHitiono^of the Inhabitante of [•Salle* 
bury*] y* Newtowne of Salebory for ifreedo. from the nuiy* 
•[nten]ance of the minietery in the old towne 4c. It wa[e 
ord]red that the FeaUono" ehoald be ftreed from Ratee to the 
mayntenanoe at the old towne, vnlee the old towne ehaU con* 
[tri]bato pportionaUe to their eetotee to y« mayntenanoe of a 
preacher [to them] when & whilee they bane one* [xxl xea] 

In [Ane' ] to the letter of John Smith gean" Aeeiet of y* 
[cdjony k T[owne of Warwicke there] beteg 

no accneago n ag» y* Inhabitant[e of warwiekn 

hence nothhig to] chardge Tpon them at p^eent 
[AWany ]ehallBeteltto 

theComiM[k»" ]ElILUatlLa7»] 



[ ]m[ay ] 1649 

The Depo^ cannot Aeeent y* [ 
Jamee 0[Uaer] for y* Salnt[ing 
the Coorte ehoold take fiirth[er 

Capt Hawthorne [nP] majo^ Den [ 
nP Simonde and Henry Short [ 
petitkm. 

In Aner. to y* petiBon of Sokimon [ 
m' wiUooby Capt Oookin and nf Fay [ 
honnored magie^ thereabonte. [in.2ga;lZ.87aL3 

That Flmn Hand ie grannted to Ipewicfa Rooley and 
bery. Ipewich to haTo [•Right to^] two [nUrd^j pteof y« 
Hand. Newbery the [•likn Right to other*] |to ha7e| two 
[•tidrd*] (te and Rooley like [nUght*] to |hn7t| one fte 

of the Hand. [xxi.a5a}iLaa&] 

Them two peiegnphe end ene meiffaMd en«i7 are in Honqr^ 



* 



tBB OOLOXtAL SOOBTr OT lUflBAOHUBim. [Jak. 

Id Ancirar to ft Reqoart o( John ntoFi ^(all • twhig pab- 
tUtabOMdtbaiMpptlH^Cuaia mtgU bt MUTTed oot- 
wStMdbgdHkwof pabUorfaD) veil 7*1^^ Btfcrrto 
tti BiVV eoMnt bneto. [n. sn.] 

Ha ooaittoM BetovM aboM If gMU Us iMtltkn A|md 
ft«.[lItlMilI.in.] 

AbtUabMtAppMlMiIttlaMdawl hjtUaCoaittftU 
ApiiMlM kwftallj obtajsad an to be aoeonptMl ia/ Mtoi*. 
of » writt of «Ror and thanrpoB aU (nrtber Fnoaadloga to 
Jk^ and oxaentta ahaU be BoapaiMlad aod Um ptia AppMl. 
ii« ahaU brairdy id writing nder bU or hia Attonwyea baod 
ghra [b] to aoow one ot tho Jndgat fron wbom ba did' 
Appaala tba groviKb and Beaaooa of Ua Appeale alxa dajea 
baAm tha bcgtaniag of that Coorta to well ha did Appaala. 
pnitTitLm.] 

Tba dep«". hare Totod J* KW iban ba paid out of tte beat 
«f y p*j of J* Conntrj lerj to j* Mnjvf gean* for the 
fwhaetng of ggnnpooder for tte Coan try ea atore but la 
caaa that sbaaM fall aborta f wanaala laaew ont from tUa 
OoHto to Bajaa tOO* for that end A the ffyayo^ genn" * 
Jaaaea Peaa ara Intraated to treato w* aona of f iDenhanta 
for tha penring of ao Bach poadw aa aBoODtatfa to 100*,' 
ClILUt;n.Ml.] 

[Itt la] Ordered by thie Coarto and y* AaUwrity thereof 
f r BaliitoiiB [of aa'T -romie] w^a tbta Jariadioooa ahaU 
^Oan y* H* of Jane w«h [ihatt be] ia y* yeete ISM irrUo 
far mTj W eoaUiere la each Toane [a bar]rall of good ponder 
IH* e< MMket boUetta J C of match and [Mrt]ify TDder thrir 
hands before that tiM to tba S^reyo^ genn* y* th^y ara ao 
prided Ttider tha penal^ of »■ for the vent of [evy] br> of 
ponder Wf of boUetts [t C of] Batoh as before And y* aald 
aeleofaaan are heatabj A[Blhoria]ed I7 thle CoMito to Ataeeao 
y T^ebptaate foe] Makpag lUa] prloM wch eball BeniByDa 
[aaaTowM a>t'andbMUaa ] otherpriooHi 

Ciii.iMiit.aw.] 
I wf Mtlhawoi Adiwgen [ ] 

[JbrVA*fa<On»^0 
[ ■MoJeWafartbepiZ.iailLlfl.] 

C JtheCDejCfJn*. 

[ ]1.IW 

%l^f ■iNhaUyKvU.UM. 



1S9B.] JOUS3SAI. or TBB HOCO OW DXPDTIB, 1M0. 128 

On^MH CaptEMynaft Gi^ Ttag Appointed a CoSttee to }ajne 

^3! wth aoma of onr boauored inagia^ as a eloaa CooMae to 

^ Coorider w* f Boirayo' gen" what y atata of powder fe * 

wbatneedeof Bapeli«.Makfa«It«potttothleOa«rto««atiB 

Meet to be donn to the Banewiago «t y* Oomtryee sleca. 

[ntuitn-Mt.] 

Older of y* qV Coarto f naT Sedjaka A mtf GibboM 

■boold eaeh bare ft barren of po^ df tbeae bj y*Sa>y* 

VM* gt^ty' if rfM^OMirtoiUdwitaUowa thereof aeyshooU 

*■ Bopivtttothe6'n70'geo*TCtody*y'gwa^CoartaAIIawaa 

tt Mt * y* y. eboold B^Nqr tt [nt IM I n. na] 

vife«« la Aaa' to y* pc(i6oa of nlitiokeekleftboatA nanaof jfir 

*"^ Tonne. Ao. [nLlMiHtTC] 

A OoDferenoe yeeilded toi fat nf nalhawas hniinM 
fMria aCHiUegratBl^of 10*1 [nLinilLtn.] 

*^*^ C^A. Tlag CaptXeajna A Capt firidgee a CbMIIii t» 

•nqoire after y* Banewlaga of tba Coantryea atoek of powder. 
ClILlMilLlM.] 
InAoa'toy'yv 
vaM* !» ^"^ *> 7* nioSon of y* mDlitary offloera at Boetoa for 

■**'» an allowanee of 1 barren and a half of ponder deK to then 

It spent by them at y* f onaran of our boono^ed lato ga^'. 
fraaatod then, [m in i XL tfa] 
v)M That benoeforth it ebftn aot be in y* llber^ of any Tonna 

MMBmaaAorpMBtopaypeagatothoConntiyBatotroa liaototlM 
J^JEST' Cin-UTiiLm-D 
MiiAiMip. ftirdlebaran^ifory Bapali]ii(aofy*prlBMJ«.JohDooa 

* Jamea Fenn [m. las; a Mk] 
VMrt ona S* BoOoa |of i^Carr| y* poww la aoafetied toy* 

Mxt Conrto at Saliebniy to determine wiA ia bMt ttory f«i7 
to be ia Ue bands wbolj or to both as Baasona *e Appears 
for y* Eaae of y Conntay. [m US. 15T ; n.aSB, iTt.] 

fforaaamob as the lawa of god. Exod Sa IS. aUewee no 
Man to toneh the Ufe or limme of any peon ezeept ia a Jndl* 
^yaUway. Bee it hereby eedered to and daereed y m peea 
or peons w^M0' f ara ImphTad abont the bodyee «t Mea 
wemea [•and*] |ar| ebOdren fee p'sarratai of lUiorheebh 
(ae FUaHIftna oUmrfiana mldwlvee or othara aball jAnme to 
ezerdnaorpatt fortbaayaotoontrerytotha knowaetolhe . 
aMtniytothaknowne' KakeofAitonQrcwgieeavyANM 

iSolitheeeigiaaL 



IM 



B ODLOMUi. tooBrr or MAMAOHmnn. 



IJut. 



tMoms or ench^. rpoa or lowAnb j* bodTwof $aj whalber 

jttiuf or old M Mt la U« nwrt dUDealt uid dcapcrmte eua) 

«*Mt IM adriM and eoBMnt of Mch h ua ikUrall In t)w 

MOM ut if Nck naj be bad or at laaat of j* wiiMt and 

fia*«t thM p^arat and oonamt of Uwpatiuitor patitate If 

tho7 be ■aatie oonpotea aiDch lene oontraiy to meh advlia 

^k*atf Md eooaMt Tpoa nch ponUiBeBt u the natora of the fact 

P^*-*"* ■»7d«a«r¥o[ } lam la Dot Intended [to diaoonrjaga anj 

ij^^^a fnm a lawfall tbo of their aUn bat [rather] to eDeo[orag]e 

■■"gy ud dbfeet then In the rifbtna thereof asd to InhCibIt and 

BtaSUiA twIniM the prMvaptnoM anob aa} thorough p'Sdenc* 

C 3 [m.iN,n.>ni] 



M 



ar" 



B5S£ *" 



[fotmd 1 

Ullaai[ 3 

lneana[ [ tberftm ordered [ ] 

Ttaopr [to dleeomt jttnlj oat of Ue Connbr It[ 

] Toona where he Utco the aaid Are abllltnga prt 
ded he pdn [ ] rnder the hand erf the cbeife «m- 

aoDdar of the IWnpe that be ia faniUbed aooidinge to order 
wth borae and annca and the Treamirer ahall disooant of j" 
aaid ConnetaUea Ratea w'aoea' be abali pay aeordinge to Ihk 

«dcr : [nL iM ; n. na] 



■ najr 1S4». The depo^ in Bentembraoee of a former 
graont or pniaa f ■*' BaTcrJcke ahonld bare aday Aaalgned 
Uia by tbie ooorta to be beard in what ha ahail ppoee aoordli« 
to Ua foraer petietaa: deaire f wendada; next at one of the 
dode in tbe Aftamooae ahaU be the time Aaaigaed by tUa 
Caarta tor y parpoaa Afnwaaid [nr m IM.] 

Asa* to ]r petBoa of Tbo Oajner Itt b ordered 7* Capt 

EaofBO * C^it Tiag are appofaHed a Cooittaa to examine 

da traaaeribed aeor^ to what batb Una tnaaacted 



ith^ be balj traaeeribadt paiag tbe oOov ftr It A 
dalM to Urn * 7* aaeh gooda aa wan not ImrterjwlA 
[in.lM;IL»«.] 
Tha Ctarta ia Ad)o«Bad to f dv MKt at one Of tha 



UM.] xHODfAL or im Bona or nmFtmrn, UM. In 

Unarm* I 

The Comia mett at J* Time AfifMistedi being omoC j* 
(todce. 

Tbe lawe for atop^ng the Weat Indja aUnia at j* Caatia 

irM* oa aoinojent taatioMmj of y Aflioting hand of god Ceaaelnge 

« tboaa pu being in good health (la repealed), [m. iMj 

n-aso.] 

Queet aboat the lord* daj. voted If j* magia^ ooaeaan jr* 
TMili kwe to need Amendm! Uut tbey woold ['firat*] bnptt flret 

MMiiim. to them, wherriatbereball not be wanting wUlingljIo comply. 

la what Uujr aball pleaae to ppottod aa Jnat and Haaeoaa b le 

to be donna tberdn. [miCO.] 
VM* Sarv^geu" Allowed ID* for Ua polaea te [iiLlMi 

'*' nm,] 

T<M« amlUHaiywaldii y'nMjiCgean'toBeeeaveyaeoarfaaioB 

"^^ Aoath AbaordendtoAppointeawatAfaihaataaAdwrlaa 

Tonne aa la daalrad [m. iM) n. mj 

til] [3\g) ttTAt It^bmt ^.] 

I JlttwaaTolad 

[ ] Id ooljr estead to 

[ ]f«»]|7|.8[OHler.]hj-- 

for Appaale Ae. 

[Atthara]qDeator JaaMPenajF* whaifeaa hjla name la 

Inoerted ia aa Mder [*aa a lioenaw*] to take notioe of aaeh 

JStii horaaa or maiea ^ aboold be abipped oat of thia Coontiy i 

Edward Bendali la Appdnted in Ue Boome *a. [m. IM, 

.169;tt.aMLJ 

TIm Tonne of Kawberj on j* pojlngo of fl«e pooada. to 

tha 8>eyo' gean' ffor j" barreil erf pooder web waa dd. to m' 

eiMi»r Bawaoo * the Towna being* Allowed tlw Rwt for what waa 

dd. to awdi aooidieta aa went in j* aerviee aboirt jr* Indiana 

Daalgaaa at or aboat that tiaw * what waa waatedt [m. 1M| 

ILSTa] 

»•• ' Sodlmrj pettBon I ahoatjirneadoweal entered amonpt 

SETUiSr 7'RM<xd«of7*Depri^[m.lM;n.t7X] 

Voted 7* Left Johnaoam'JafkBaa.obadiahbnwa and if 
Vmjat are AppelalMi a Comlttae to prae the aealed Coppjaa 
of the lawea * oompora them w' tbe printed hooka and to 
make Betoome of wiMt Ibejr tbaU flnda matMiaU to be ["ok*] 
tooka aotkM of Ac 



About ConiMtoo". [m. IM] IL MT.] 
mmtit y all tneutooM ol otdna bslag pott Tpoo m y «hudgi 
IhHMC to be AUowad by y* [wbott] 

It m»j 1«49. 

lU k oidend j* j* Oonte of Aarfrtuta ihall Uks [•no*] 
oofniskDoa of do mm or letioii trUUe In aaj CcMiDtj Coarta 
niMM tt be by w*; of Appeele. And tiut no clebt tx aetion 
pnpertotbeCagDluMeof ujone A magia^. or of uj Uma 
Irt* r^— 1— L—M for trUl of Cuei nder fortj eliilJinge ■hall 

be eDtartaiBed by any Coontj Coorte of AMialanta bat ooly 
1^ Appeale Ikmi aMb wagtaW or Commiaaioaf m ftforeaakl 

CntWiiLSTf.] 

fforaaiBiicti aa the printed Lun eonee'Diag Dow'Tea Tpon 

aeeoMd vehr and [ezjamlnaSon appearea not ao eoovenlentaa 

MM^ «sarofMljeaae«fredia[en'7]pUealertberaofItttaUMnfon 

henbj oidmd that that daoae towanU the Utter end of that 

Older, that glna a wife a third (He of bir fauCbanda money 7] 

good* & cfaatteUe reall * paonall after hlr bnabanda Dlaoeeaa 

ahan beMcfo[rth be] Bepealed A beooM Toyd A the Uert of 

tte aald order to be A KeCnalne hi] fail foree and vlrtne 

^^ And ft bbeenby ordered A declared that IhMwctda in the 

^te T-^l H* line or that order, vta (then by an aot of [eonaant of 

SSmmjSr^ enefa] wife) be vuderetood In eaae it be donne by wrlUag 



_. _ _ . tattle and] It 

1^"!!!!^^ lbcrordMady'[wheraa>y]bnahaadd7eaInttatatey'Coanqr 
|Conrt|ofth[ > wh[an the pQr diKWaaad had 

llhJIaat P e ri dMMahaaC JI^lMflLan.] 



pajfaa] 

M t ">"*# lMay[ T^mtif. ] 

[IWn ^.] ppoMdad [by the] M^o' (aon* tonehli«e Ue olBoe 
totUaCevta. [iiLXM:n.MT.1 
SrST «■ g rwii f i John Banndera A Mth KnW* Ap^bera of y* 

honaaa A bade Ao. aaerdfaiga to W firU Ua petlttoa. [m. 

WiiLin.] 

%*iA OevlBvfAMWa^n order te.^S«T) It Sn] 



mvasAL OF TEM Houn or isxeuna, im*. m 

mjcf BoV Sedjoka for hb abeenlinK UiMeU fron the 
•erviee of tUa home tUa aeaaioa i vaa Ined Iva ponnda. 
^IM.] . 

Cap^ Hag for Ua abaentliig Umaelf fmn tiw aerriM of 
tfck bowae from leno of y* do6ke to woh time only ka bad 
lenni^ 

NIocdaaJaMbr Man 

n' wiUonby for hU Abeenea In y- 

niUitaty * watch to eontinew [lo. iM.] 

17 may lUS. 
To Ibe honnored OennaraU Coott M 
may It plooae yow> 
whereaa I have binn formeriy obardged w* oonipiracy and 
Perjary, wch to my ▼nderatatiding hatb not biun aaJBcyently 
tmd igt me, tbo the Conrte vpon the erktenoea broagbt 
agaliut me aenteiioed and Hoed me IfiO" And bating aearahed 
tbe Beoorda oaauot yett aee [*tbe*] anfficieDt eridence, to 
pre tho ohardgea agalnrt me wch mond m« to petition thia 
bonno'ed Conrte, for a Beriew of my cawae yaU I deaiar the 
eoorte not to Taderatand me eo, aa If I accompted myaelf 
altogether, free of annr, but hare eawae ntber to aaapect 
and Jodge my^lf and aotioaa tiien yon' Juatlee and peeedioga 
and being oonBdoat and experimentally aaaared of yo' dcm- 
euey to otbera, in the like Iciod I an boold ratber to crave ' 
yo* mere; In the favorable Remlltanoe of my floee, then to 
otand either to Joatify myaelf or poeedlnga, wch aa Ibej have 
(contrary to my Intenttosa) prooved p'indldaU and tctt 
oOeBclTe eo It hath Unn la and wiU be my greUh and tronbla 
I eball not troabU yow w* argnmcnle Btapeetiug myaelf and 
famUy though tbe harden lieebeary; In that Beapeet the only 
motive Ilea In yonr owne breaata, yo" wonted charity, wck 
will Bender yow to tbe world meroiraU and Befreeh and faUy 
eatiify yo' hamble petithmer who doth Bemalne ^ 

Tbe depn- have eonaented b fnS Ana' to thb petUloo y> 
n' mavarii^ ahoold [ ] one hundred ponnde of Ue One 
abated him w* Beferuiee to the [ 1 ant erf on- bonnoead 
magii^ hereto Edwi Baweoo olerle 

[ I'B'gi^bavbgeerionalyeonelderedaflheaoatentaof 
tUa petition oaanot [ Jde that the petltloBe' bath ao fair a^ 
'TiUMOTW-CapL" 



■ OOUffilAL SOCIBIT OP XASaACHUBETm. 



(J*ir. 



kMwMgcd UDMdf gnfl^ of hU offmM [ ] wdi he nt 
toad H doUi ^n tbem Noh MtbfMtmi w might laome 
[ b)] taka of uy pte of hit Am. [and Um malJb^ 

[ ] oocaooMd [ Mttlj] to mrej tht B«Oonb 

faCy* 3 

Coort [m. uc] 



I"J 



ttrt ye depu^ m not uti* [ It]etodn [ ] 

»agl^ & thenfon dnief our bonnond magi^ [ ] 

into tbalr [*aeriow*] coniideniSoti: 
c t~;«M V la A«a' to the petition of Bobt SaltonatoU 7* lint ft last 
Bh^^na jiectioa of J* Comittcc* Itetoarna ta Agnal to ft 7* roklle pU 
S^iI^iiV^ li* referred to j* next tMalon of ;* Coart«. [iiL16S;it XH.] 
mStoSlmtj nr XoTcll Capt Keajne ft Capt TioE Are a CoiaittM [*to 
E liC^ f JoyiM*] w* y* Trcaan' * Andttor to take both tlieir accompta 
Jkfli^ I betwwne tlib Jb 70 next aeaalon of tbia Coorta. naking 
-~iji^*^ /BetowiMtkarwrftolUaCoorta. Totad * aent Tp. [nxisSi 
j;SS^ llLUl.] 

Mm a^\ For aamocfa as it la foand inooBvealent ft ttrj batthenaome 

■■> U *iin n jto Iba amgV that man/ paona haTe Iteeonna to Uwin for 

y^'iJr fadrlaa ft eoBtwell In caaea wch ar« afl«rwarda liko to oome 

^Sh / to thdr CDgniaaiiM Itt b tlwrefora ordered that after one 

montlw pnUieafion berecrf It aball ttot ba lawhill for any paon 

to aak eoBDacU or ailvlca of any m*^ ta any oaaa wherein 

•ftarwarda he ahall be a ^ant ritder penalty of being dMn- 

•Uad to |ioeci(te] aoj ancb «c8ob that he hatli m pponoded 

or takes adrfoe In ea aforea^l «t the next Conrte where the 

Ceae ahaU eome to IrWI behkRe pleaded by w»y of ban- either 

b7y<MlormironhUbehalfalnwACaaetbeaiM plaint 

i0Mik Bhall paj fall foata to y* defto: ft y< If any deft ask eonneeH 

'^'^ or Adrioa aa aforead be aball forfelta tenn ehiUings for •n'; 

oOnwa. [ntlMilLtTSL] 
1M* Onler aboot Impnwrfi^ CnnateUea to exeent j* lawe agt 

*^ Dmkarda. tnLUOt n.Mi.] 

««M* A CoMlttee m' Bellingfaam m' Howell m' HDl ft Edw Baw 

"*** MM to pree tte fotTn" writlnge [m IH ; n. tTl.] 

MM H^ OnUleone MTVanta SO*! Allowed. im.im,n.anj 

[JWq/'aefafeHwdkj 



tCUMVAL OW 1 



■ BODis or DEPuma, lut. 



[ ]ld*y. 




[ 3 


Abeentatllofj* 


t on]- 


m-Gloner. 


[JajmeePena. 


m'Jooae. 


[Cajpt Pridiaid. 


Cap-Keayna. 


w-PaAee. 


Epb' Child. 


m'BrmiDe. 


ta' JackeoD. 


EphralnehU 


NkaJaeob. 


m'Lalbw. 


JoBeale. 


n/JackaoB. 


LeftJdineoo. 


CaptGooUng 


leetora dayAbeeat 


tiJmJne. 


B' Speaker 


An'', fleber. 


ma^Sedlnke. 




m'giooer 


Capt Ting 


a'JoDca. 


SamBaaae 


Moo.Jaeob 


LeftJohnao*. 


Capt Ting 


Bidi walker. 


SamBaaae. 


re'Aotd 


CaptKeayM 



.Ml T'ly'knabaiidaorihlabaweeahallftherehjarelmpowred 

to gather Tp y* Bnea of MKh paona aa by tUa bowse shall be 
flned for their AbeeotlBg themaelTea from the eerrtoe of this 
bowse from time to time daring lUaCoorta aitting ft alaodM 

"Mj flre poauds wch majo' Sedjnke was Used last staston of this 
-^ Conrte for Us Abssotlog UwsU froai th« ssrvies of thk 
howss the whole seastoa. 



BM]o'8edJnko 
C^KeajBS 

I'Loff] W 



Abssntordsytttoetotf 
1«4S 
Speaksr [17] B>)(f Bo4]ah« 

Capt. BantbotB. ^ 
■'Glouer. 

Capt. Prldiani )OoBtttos 
C^tt Keayne. 



in THB OOUnrUL ■OdSTT or XUMACBVBXm. pAV. 

(U] 'full— iirh ■! n'liti Ihfiirnll rmiininMn hli riilh [ 

MaktaMt ] toward* Um witt* ft ebUd nmr HvlBg, tliat 

**■ [tf ] good [*tbt*] to bMtow Tpoa Ub uj 

Utnc for Ua Mr[ak« ] h aboold be to )iU |taM| 

cUU ft twmIm fai iba fauda of Ua w[irt ] hto odooa- 

tloa to [*bir*]I ad efailda| raa. Asd tor aannA aa tU 

«a«rtka(h[ ] pmilded for tha diapoaUic of that aataU 

fa caM of the death [ ]tU|ad|ChUd. ThaBagtealH 

BMeaaaa tt Jort that halfa of tba aaU aatatof aftar (ba death 

Oftha aaU eUd. if bee line M>t to tb* Taanaof ODe*| BboaU 

yjS Bf U to the na of tbe now widow of 1/ late maoh ban** OonT 

SSl^^ fOTaMi. ft tba otber baUe to the na of IP Joha Watitrop 

ahkat aone of y late OoM- |Ua exenalon or aaaigMl ft that 

tot tUe ntaem, That the mU V Johi Wlathrop eold bli 

whole eelato for the fWlherlDit of UafatherBTo;ige for tbaiaa 

pteeft MM* of tt npewled bam tetUeawriea. 

•PMd jn 

[ntuiiitiH.] 



CaptHaathane — 

CaptOookkffl* 

CM-Mobanltt 



Oapb Keajoe. IS 
[•LaflToiTBjtlT^* 

Tbe fonowiog eomtnanieaticni from Ur. OooDiLLlrMnad, 
k bii ibMDoe. bj'tlw Ber. Edwud G. Porter : ~ 

I ksre ao often bed oaeeakm to t i^ t m nj U^ ^ipncUtioa of 
At nine of Mr. NoUe'a aerrioea in unngiBg «ncl IMr^^g the 

'm^tiyfalathihaaJwlUiiielOoi— nrJoha ■odiwtt. C/.mdt,r. 
Sa.—tkttbA paiKnr^«^UnBv*adUb(MtdhT<i^lte««<thain»- 
targra.1. 

• Ttii MM* ifpMa to be fa a dlfml, tboBfh aaelNi ^ift 

• Se MtMU Md itoiMd fa the MTifa «< the wI^mL 
« Ufa BffMS to be eMAd fa the arigfaaL 



1808.] OOXMUmOATlOXr ISOM MB. ikBHXB a QOOIHELIii JM. 18S 



i 



•; ■^•» 



nomeroiM Files and Beooids in his onsto^ that in Tdinnteerfng a 
farther tribate to the sarpaasing yalne of hia woikt I bar la^be 
anapeoted of prejndioe to such a degree aa to impeach mj judgment 
I think it, therefore, pardonable if» in justification of my aeeming 
enthusiasm, I declare that for more than forlj years I hare been 
nunre or less dependent upon that mass of historical material, and 
that during that time I haye kept track of the efforts, now happily 
aucccssf ul under Mr. Nohle*a management, which from time to time 
have been made to render that collection acceasible to students of 
law and history. Forty years ago the Fllea of the Superior Court 
of Judicature, kept in a baaement or cellar poorly lighted and not 
heated, were tied in bundles, which, being public pr ope r t y, had 
been occasionally opened for examination by any curious antiquary 
or professional enquirer who chose to avail himself of an undisputed 
privilege ; and they had not been re-tied and replaced with proper 
care, until they were so disairanged aa apparently to render hope- 
less any attempt to search systematically for even one subject 
requiring to be traced throughout the period which they covered. 
Both before and during this period the office of Clerk had been 
held by gentlemen of culture, and good lawyers, — men who had 
written upon hiatorical subjects, one of them even deservedly famed 
aa a laborious genealogist; but, apparently, becauae the labor 
seemed too hopelessly vaat and complicated, — perhapa, in some 
instances, for want of appreciation of the value of the (Kcmingly) 
diaproportionately email amount of valuable matter in thia promia- 
cuoua aggr^[ation of writing and print, — none of the predecessors 
of the present incumbent of the office seemed desirous, or even wil> 
ling, to undertake the task with a determination to complete it Now, 
however, the work haa been practically mastered, not perfunctorily 
by a mercenary contractor aa a diatasteful job, but fortunately, 
under the auajucea of an intelligent and discriminating directing 
mind. I am sure, Mr. President that long after our labors are 
ended, and other generationa have taken up the work we ahall 
have left unfiniahed, thia important wcxk will be more and more 
justly i^ipreciated, and all who have contributed to it will find the 
record of their aervioe a sure passport to lasting r em e mbrance. 

Every now and then we receive freah proof of the appreciative 
intereat which our associate takea in the fruits of his great weak. 
To hia keen diaoemment we are indebted for the tranafonnaliott of 



V 



1S4 



THB OOLOIOAL SOCIETY Or MABaACHUSinS. 



[jAir. 



leM.] 



ItMMAmira B7 MB. JOHV HKmUL 



186 



•onie obteure and n^laeted fragment into akay to mjateriea which 
hare baffled the moat aearehing inquiriea. Oooaaionalljf aa in tlie 
pn ii f i n t Inttunfft, I flndmjownoonjeotaie — baaeduponaperplex- 
iag atodj of the printed lecorda, made doubly difScnlt by the 
mkleading statements of the Editon of those invalnaUe yolnmea 
— cleared up by some disooreiy of Mr. NoUe or of his faithful 
aisistanti Mr. Upham. In my endeavor to ascertain the name and 
|ilace iHdch ahookL be assigned to the Third yolume of the printed 
Records of the Ooremor and Company of the Massachusetts Bay 
In New Englandt I waa forced to the conclusion that it could not 
be any other than the series of Joumala of the House of Deputies 
lor 1644-1667,— «« The Acts & Determinadons of the House of 
Depotyesi'* ss it k deckred to be at the yery beginning of the 
book,— and accordingly I gaye this ss my opinion in my Address 
at the Old South in Noyember, 1896, before the Society of Cobnial 
•Waia,^ and reaffirmed it at one of the meetinga of this Society.* 

Now, the paper in Raw8on*s handwriting which Mr* NoUe pro- 
duosa from his Files seems to me a coodusiye corroboration of my 
yiew. It is a record of the May Session, 1649. Rawson was then, 
and during the next October Session, Clerk of the Deputies. At 
the opening of the next General Court, May, 1660, he waa elected 
Secretary of the Colony ; but he remained at his post sa Cleik long 
enough to record the fact of hia election, after which William 
Tesrey, the newly-ehoaen Clerk of the Houae, began his official 
leeords in continuation of Rawson'a. This waa done immediately, 
without any indication of a break of continuity, cr of such intenral 
of time aa would be required for the tnnecription from another rec- 
ord, of the book in which their handwriting sucoessiyely appears. 
At the same time, Rawson aasumed the function of Secretary of the 
Colony, in whkh capacity he seryed until the Charter waa yacated. 
Though by no meana aa fuU and accurate aa a model clerk ahould 



» Aa Adinm Ss tt fsiei fai the Old Saalh MmHuj B oast ia Bastoa, Kotea- 
bsr si; ISSfl^ brfort the Soeicty of Colonial Wan In tht CoinMnwMhh of 
IfiHinliiiitti hi ooanmnonHon ol Iho 81s hnndindth AnnifOTinry ol the 
Ffasi S nnu non in g of CiliMns and BnrgewBi la the AvHaaeni of En^end, 
the BiitMy of the Homo ol Comnms Is ihilehtd and a oonpiiriMNi 
oi the dsflofin snt of the U gl t l s tnw s si Qwat BrUshi and si the Coa» 
ollfsiuiihantii,pp.aS-gT. 
• la F^hramy, MS. FaUkallsn% UL SSS-SST. 



it 
■ • I » 



1 



1 

I 



•; 



1 



be, RawMm was » diligent worker, ud held many offioee of tnut 
to the entile aatiabotion of hia cootempotariee. The original 
minutes of most clerks leveal many curioos and frequently 
unportant items which are not found elsewhera. In ths pams 
now brought to %ht we get a dearer gUmpoe at the prooeedi^n 
of the lower House of the Assembly than we can in the extraded 

printed records, and it is to be hoped that we may be so fortunate 
as to have our associate recover some portions of the earliest 
recorfs of that House which mark the beginning of our present 
legisktiTe system. Agreeable as it is to find my own preoooceo- 
bons corroborated by this disooreiy, I am not snio but that I shouM 

be oquaUy pleased if it had eenred to correct any of my eriw. or 
inadvertencies. ' 

Hr. NoBU Umii said:— 

This Manuscript hss the value and interest which natuaUr 
belong to •!! records of legisktioo in young colonies. Such 
l^ktion » the reflex of existing social, civil, ami poUtical con. 
ditions. It embodies the spirit of the Colony, and, while ahaped 
by Its history, is, to a certain extent, prophetic of ito destiny, ^i 
interest the Manuscript holds in common with the printed vol- 
nmes of the Massaohusette Colony Records. The Manosoriot. 
however, goes somewhat further, for it conteins not only the kws 

tjhich were enacted, but also more or less of proposed iigislati^ 
~gg«Uve o^ tendencies and ideas, prevailing WSSnTWS 

^JTf^- ^ ^""^ •"* ~ ««»«Uy •dopted. Tt» daay. 
onguud, infoimal memoranda scattered over ito pages brine out 
m-Vpomtoof p«c«inr. and p«ctice, of methoHnd «Ito^ 

Amwig the suggestive sul^jecte of bgisUtion may be noted the 
»g»l«*ton <rf the pr^rtice of medicine ail surgwy.^snj^ 

quarantine: *>» Jari^Uotion of the Courto of JustsieTSr^Sw 

•jdofWnto of W in the court of nltimatol^^^ 
iiT^. H" I«*«««»8» J» Court. of ftohatoTaiid oo«tfZ 
•ttheir jn„«lirtion, theidationsbetw^theooSTsSl t2SS 



I 

I 



- 1 



THB OOMmAL SOGDDnT OV MASSACHUBBIIS. 



[JA& 



laoft.] 



R»lfAllgll BT MB. JOBV VOBUL 



1ST 



IB tlieap; the •openrisioa of mattenof doctrine end belief; end* 
wbet ie perhepe etpecielly noleworthyt the propoeed legiilation ae 
to the freedom of the Preet, foreehftdowing ideas which failed of 
becoming embodied in the lawa. There is alao brought out the 
leUtioo of the Greneral Court to the oommunity, its recognised 
fnnctioos, and the classes of cases where its inteiposition or assist- 
ance was or could be invoked. 

WhoU J aside from these considerations^ howererf and independ- 
ent of the interest which belongs to the Manuscript from these 
Tarioos points of riewt its chief importance seems to lie in the 
light which it throws upon m much-discussed question, — What 
k the Third Volume of the Massachusetts Colony Records as 
printed under the Resolve of the.LegisUtnre, of 2 May, 1858, 
under the superviuon of the late Dr. Nathaniel Bradstreet Shurt- 
leff? This question, upon which historical students and schol- 
an hsTe diifered widely in opinion, has been ably discussed 
by our assodate Mr. Griffin in his Bibliography of the Historical 
Publications of the New EngUnd States,' and by our associate 
Mr. Goodell in his paper on The Massachusetts House Journals, 
1644-1657,' as well as by Dr. Shurtlefif, in his Preface to the 
Third Vdume, and by Mr. Whitmore in his Bibliographical Sketch 
of the Laws of the Massachusetts Colony. In fact, this Manu« 
icript, from the internal evidence which it presents, from a com* 
parison of it with the corresponding portion of the Third Volume 
and with the Records of the Oeneral Court in the Second and 
Fourth (printed) Volumes, and from an examination of the original 
papers in the Massachusetts Archives which are referred to in it| 
oeems to furnish a final solution of the disputed question. 

The internal evidence appears to be strong, not to say conclusive, 
ttat these old sheets, worn and mutilated by the teeth of rats, and 
the loogb usage of two hundred and fifty years, are the original 
Journal of the House of Deputies» for the session of May, 1649,— 
tho book of original entries made at the time and i^on the spot 

Ik might naturally be regarded, upon a first or hasty examination, 
as MSPsly the rough draft of what was afterward slu^ied and 
caf n ded into the regular Journal of the Deputies, but when 
!*■ characteristie method in making records and his dbvioua 



t/ 



; ^5 



■/ 



4' 
1 



r '3 



i MthsSlaM 
•iUthiSlaM 



Miftfan hi April, laafl^ asM^ liL 10M08. 



•i 



A 



haUts of work are considered, taking into account, also, the Mb^ 
torical rituation as it seems to be oleariy made out, it is impossible 
to resist the condurion that the Manuscript is the veritaUe Jour* 
nal itself in e somewhat fragmentary state, of that Session, and a 
portion of the original Journals as kept by the Clerks of the 
Deputies in their official capacity. Beginning with the opening 
of the Session, recording the names of the Magistrates, Deputies, 
and Officers of the Colony, and coinciding in most respects with the 
Record as it appears in Volume III, it is by no means a duplicate 
of it. The differences are many. It contidns some matters not to 
be found there, and omits others which there appear. Itissuggett- 
ive ss to the way in which the recimis were made up: bills appear 
by titles; their substance is given in hints; outlines furnish the 
material for the subsequent extension of the proceedings ; final 
action appears in marginal entries in different forms; sometimes 
it does not appear at alL The Manuscript is full of curious mem* 
oranda and notes, many of them, doubtless, made for the private 
convenience and satisfaction of the Clerk; some show his shaip 
lookout for his legitimate official fees, — noting their payment, satis> 
factory guaranties, and subsequent discharge; others record the 
fines imposed on absent members, sometimes with a suggestion of 
personal sdicitude on the part of the Clerk that he shall bi« no 
worse than other delinquents ; and there are various little matteiu 
not appearing in the printed volume. Names of the Deputies so 
they Toted are sometimes given, and occarionally a curious oil* 
cttktion appears of how easily a different result might have been 
reached but for certain specified and expUined absences. Notes 
are made to refresh the memory, to fill out details, to supply 
aome want of knowledge at the time, or to avoid the kbor of 
setting out in full the stages of proposed legisktion or the con* 
summated result Occasionally, the action of both branches of 
the Oeneral Court, and the substance of the enactment, is con* 
densed into a single paragraph, and in a few instances a phrase- 
ology is used which, while giving neafly and briefly the wholo 
history of a measure, would have beoi more appiopriate la 
the Record of the Magistrates or of the Oeneral Court, than in the 
Journal of the House.* It is, in brie^ a dafly narrative of the 

« Set tht ilitfc p«g«pk ca pais [«J tfc. imolh pi«l»^ 
aadthtlb«rthpafagiaphoapagsCl4],«iiii(,Iip.U9^M^MdllOL 



jtnoaMagi of the Deputies, in ft eondeoavd end mggwtive fom, 
intenpened with pMeinir oommente, and Twioiie notee ud memo- 



niida, in qnite ft different alu^ fiom thet which it finaUf MBumed 
ia the BonfbiMl Book of Copies. Tbeeloeingeheetoontaiutiie 
beginning of the Recoid of the eteeion of Ootober, 1649. The 
cntira doeanent pneenia many different ptHnle of intend in 
eereral diiecUoui, end will repejr etndj end omudenUion. Onlj 
here >nd then, however, in thii ocumeetion, cen eome single 
^Mm be rafenod to, — end theee withont mnoh i^eid to eny 
logical coQneetkn w relfttion. 

The vote as to ameBding the law for neglect of wonbip on (he 
Lori'a Day, wderUMdateof 14 Uajr in the Fiagment, p^e [lo], ia 
Mt foud in Tolone IIL It waa probahljr in CMueqneuoe of thia 
vote, and of the Tot« on the eame aubject entered on page [s], tint 
the printed kwu it ^ipeand in 1649, — no doubt the aame aa 
Oelaw of 1646,> — waa amended b; adding the woida which are 
atlheotdof the printed law of 1660. viz^ » And all euoh offence* 
■a; be heard & determined from tinte to linM by auj one or dk»« 
It ia ronwikable that thia amendment doea not 
the SeentaiT'a reocnd Imt only in the printed Uw of 
1W0.> 

The iaeecapleto entrj aa to the LIbertj of the Pren, on page 
[ft], does not appear at all in Volnme III. It waa not until Octo- 
ber, 165S, Uvt a eemonhip at the Preee was establiihed. The 
order for it was repealed at the next Session and was renewed at 
Ae Ifay Session, 166& In Tiew trf the great interest which has 
attaebed to the whole anl^ieot of the tegnlation of the Piees, both 
ia Cdonial and Prarineial timea, this earljHtttempted, Imt nnsno* 
•aiaftd, legislation ia snggestiTe and instmctire. 

It iaeertais that the apparent divUon of Ibe text in the printod 
Tolwne HI. for Uay. 1049 into dinmal ontiiee ia no eridenoe that 
On enttiee were actnallj m made. The text in the original is not 
•• firidad. When, in the psinled Tolntae ni., then is an inlep- 



k (Mo^ BMMd), a. in. 

■ iruwifcmlli ColM7 Un of ISOV (WUtMrA edUlM), f. lU (orfgt. 
^p.91). flMdMp.7laBd Mii,iiAM tlMiapoitaatTetaof tksfluMU 



UM] 



US 



nl of ^ftoe with a date for each day. bi the original there is no 
snoh interval of space and the date ia only in the aarglin. Both 
text and marginal date an in Rawson's hand. Whether the 
marginal date and the text were written at the same time ia not 
certain. Tba nniform and close ohanuter of the original text 
indicates that it was all written together as a Reomd made op 
after the Session would natondlf be written. 

Hm marginal dates most Inve been written in bj Rawaon 
arUtiaiilj and without regard te the beta t for there are fifteen 
oonsecntive datee from 3 May to 16 Uay. Two of these dates 
were 6 Uay and 18 May, each of which was the Lord'e Day, — a 
day on which it ia not to be suppoaed that any business was tren*- 
acted. NeiUwr of theee datea (6 Uay and IS May) ^ipear* ia 
the Fiagment ; on the contrary, it appears, im page [10] of the 
Pngment, that the Court adjoaned, on what waa probably 
11 May, or Friday, •'till 2* day next at one of the docke," and 
that the Court ftooordin^y "met at the time ai^Krintod," 14 Hay. 
wliich was Monday. Tlien is in the ArchiTse * sn original 
bill, in the handwriting of Governor Endioott, peesed by the 
Magistrates as attested by Endicott, but not conaentod to by the 
Depniaee, as to wearing long hair, which has at the top the date 
t>6 — S — 1649." This may be an error of data or tibe paper may 
have been drawn up on the sixth (possibly after sunset 1) to b* 
presented the next day. 

The two marginal entriea, "12 Uay 1649"aDd "13 Uay 49" on 
page [6], nnder the date "lO May 1649' in the text, may be 
explained by supposing that the votee were passed by the Deputies 
on the tenth, but wen not conourred in by the UagiHtrates till 
the twelfth. It would seem, therefore, from the Fngmcat that 
although the Deputiea adjourned from Friday the eleventh to the 
following Monday, the Uagittratea held a seesiao on Satniday, 
The vote on page [U], appointing a Cnnmittee to examine the 
printed Book of Lawa, is not in Volume IIL There is no evi- 
denoe of any Repwt hf the Committee nor of any aetaon by the 
Magistratea in the n>atter, and it may have betn for this reoscn that 
it was not entered in the Book of Beocod. On the other hand, 
if Volume in. ia to be oonstdeted as the Journal of whiob the 
FrsgBMatlsaioiifl^diaft,thU vote, as wsU aa ma^ other ^^t^ 
LU. 



149 



■ oounnu MMnsrr or n 



p«. 



vhieh ftis Bofe to be fbnnd la Ttdome IIL, but «n to ba foond in 
tba FragaeBt, oo^t to appear in it. 

Tke vote w to Major Sedgwick ^ppean in Voltune IIL fndar 
date of **6 lUj," which waa Snndayj in the Fngmen^ p^ 
[U}, it it Btttkwl aa haTing been paaaed 16 Ifay. 

UaTerieke'a petilioa, which in the Fragment, page [la], ia dat«d 
- IT Hay lUD," k. with the votaa thareoo, entered in Volmne III. 
■Bda the date " 16 M»jr." 

TIh Toto aa to Pq[all, mi page [•], ia not in Voltune IH. 

The entry on page [u] of tlw Fragntent aigned " J. E." [John 
Endieott] aa to Governor Winthrop's child, bringa op a eurioua 
BMttnr aa to the Imperfeetiim of tlie Rectsda at that time. In tlie 
Beeocd of the Qenonl Court for October, 1663, ia the following 



**Tbera balag a q aai tl nn wbea the eouilrja gava the joongcat efaUd 
alJtr WMhrop, Bmf, twp hmdrad pooada, which ta ooeaakmed by 
the loaaa of the neord, ht bring ycM ia tba ramembniioa of moat of 
Iha Cowta tba that granrt waa Mda la the thkit awnth, IMS, the 
iMdUa Cowto after tha rlietuB of Un aald Jr Wiathfop, Smfi Itt la 
afd««d, tbat the graaat of the Coort ba hMartad fai tba Ooart raeeoida 
aeeeidlHly tnm that ijfBM."' 

Ia tlM margin ia written "Conrta grannt of 200' to Joahna Win- . 
Arop in Uaj, 1640." The aame Order ^>peara in Volume TIL 
(f. 293), with aereial alight ehangea of apeUing and phraoeology, 
— the word ■* rememfaranoe " being changed to "perfect memoty." 
Ike wctda " loaaa of the reeotd,** nnleaa there waa aome atiango 
■reiaig^t, or ecof oaiaa in the recorda, moat mean loaa of the oii^ 
bal tall, aad ila non-appaaranee on the Seoretaiy'a Record, aiaea 
tha reectd for Hay, IMS appeal* at the ead of the Seoond book of 
Urn Seentaiy'B B«eordi.i Ihe grant of the /200 ia not in that 
Baecad, bat ia in the DepntW Reooid * nader dato of 7 llay, 1649^ 



•«ll waa 1 

ataaUba^fMtotbabrfaatofear late baaaond (Sotae', John WIa> 
ttnpi bf , oat of tba aezt eeaaHy levy." 



IMS.] 



MMtiaiS BT KB. JOBV KIMUL 



141 



A Ooaomittee waa ^ipointed to draw np an <adn to put the gnat 
"In a aeoore way for the ohild'a Tea." Two td the magiBtntee* 
were on the C oinmi tte» a* appears by a marginal aota. The 
Tote, ondar dato of 10 Uay, for diipcaiiig <tf the grant in eaae of 
the death of the child, ia in theae wonb t — 

SaVliiw 'ir ' Foraamndb aa onr kta boDoored OoHo*, John mntbrep, 
w^i Eaq'. npon Ua death bed did ezpam Ua taadar deriMa 
Mmk>M* lowsrda hla wife aad yoongeat ebUd, that if tbe eoaotry 

' did thinke oMeta to beatowa aoj thing on bin fcr bia aarrlea 

dooae, tbat it thonld ba to tba aaid child, and ramayaa to 
tba banda of hla wtfa, for ita adacaOa, aad tin atodia 
patrred totira for tba chllda Tea, and fbraaaaiob aa lb* 
Conrta hath act irided for the dlapoaiug ot tba eatale ia 
eaaa "e diUd aboold dj% tba Conrta ccneaaTi^ it Joat, 
Bad aoeoidinifly ordere, yt In eaae tba tafant dyaa before 
ft attayae tba age of twanQr A ona yaeraa, tba one tfalrd 
pto aboold aoraw to tba wyddow of onr lato boaaorad 
Ootaor, aad tba other two third parte, ona Oiini to IP 
Deaaa Tnuthrop, ft tba other to IP Samntll Wbthrap, 
tiH^, aa yet*, barfaig had no pottiona out ol tbe Oolae 
eatate, aor like to bare.* 

ItthnaappeanthattheConrtdid not adopt Chnremor Endieott** 
[dan in {avor of John Winthrop^ Jr., but made an entiiely difEennt 
diapoaition of tlie giaaL 

In May, 1661, the Coort ordered that rif^ per cent ahonld b* 
paid <» tiie X200 to Ura. Winthrop "for the time paat & till the 
oonntry ahaU pay it in."* In the Secretary'* reconl for Oetobn; 
1660, ia tbe following antiyt — 

" Itt ia entered, tbat tba two bnndred ponada loraiariy graantad Tato 

Joahna Wbithrop, tba yoai««at child of Joha Wlattoop, bqaiw, klaly 
deeeaaed, riiaU be recorded b tba Coarte raoorda, wUeh ia daaaa 



Captabi Bn^Friohard 
* M iwaBbmUti Cbloy 

TetaaatliWMnbtha? 
■UMaobaMttaCelaay 



HewalL C^tain WDUam T^ ai 
Mnnbtn appolnlad br tb* Boom. 
1,111.10. SaaalNk /lU.l.tr4,Hdtl 
FacaCOe-<«M«- 
ili.iat^«dir.(IMl)U. 



la YBM OOUBKIAL aOOI E TT OW MABSAUUUM.Tl'B. [J*«. 

Then fe ns i^pMnnoe in tba original of this hftTing beeo iiuerted. 
It vaa OTidentlj written bj Kaweoo at the wme time ■■ the net 
«l thetneoH. 

JeahiM Windirop, the joangeet of tbe Qoveraor'a sixteen chil< 
dIa^ wu tba ottlf frait of hi* foorih maiTuige, with MaiHia ( Raina- 
bofoo^) Cojtemnei the widow of C^)tain Thomas Coj^emon.' 
n« wu boan 13 Deoember, IftlS, and was bqttized at the Fint 
Cborch on the serentMath of the same moDth, — " being about 
fi Devoid."* 

Deane Wintbiop. beptoed 2S March, 1622-28, who lived at PulleD 
Point, BOW Wintbrop, when be died 16 tluch, 170S-H at the age 
•f ia^dsf^m» jean ; and Samuel Winthrop, baptized 26 Augnat, 
16ST, -wtio named a Dutch wife, and died, about 1677, in Antigua, 
of which he waa Depn^r.<}oTeinor, wete two of the ohildien ai 
^ Govemoa'a third wife, Uargaret Tjmdal, daughter of Sir John 
Tjndal, and, with the exception of Joahua, wen the jroongest of 
hk snnriTing children.* 

The death of Joshua Winthrap on the elerenth of Januaiy, 
1691-5S,' neeenitated a final disposition of the grant At th« 
acanoA of the General Conrt begun at Beaton on 28 Majr, 1655, 



In anvwer to tba pet of IF Samflll h IT Deaae 'WlBtfaRip on bis 
brothn- Si— eBa behalfa, for one third ptof tbe H»*giMn Joriina 
mathrap, the oti^ian, tba Conrt ordaia, that ba be aatisfTed bj tba 
IVMSver fa aneh pa; aa Um eooatr; aOorda tbe 3* ftt of two bnodred 
penada daa nto IP Saanel Winthrap, prided be hsoe A abew forth 
a ■ ■Wejai it powra,bjtra at attoraej or otbarwiae, to reeehie A glue 
diacbarg for tbe mmm.* 

■ na Gorawv^ ■ m i lag e nttlenml wldi Ura. CorUnMire, dstod 30 (10) 
lfl7,MirbaiMd falhallHMohMttaColanj RMardi,tia33-aH. After 
Wiaiknp^ ^Mtk (be bkiM Joha Coggaii, wbora iba •arviral, and attrr 
■evniag tba lack ol Mdlsfa for ber band In a foorlh manlags ihs eoDraiUad 
wAM* (Joha Ila»wipocf> Mtor to Jobs Wlothrop, Jr., la I MMWebataWi Hto- 
««kd (WlMtiaBi. X. IS). 

* limlntnwtChawfcfaBettBai LUaand LattnaofMia WiaUnp, 
a. Ml. mmt mt Boaton Beeord ComMlMlaaan' Raporta, Iz. 39. 

■UbMdUMmofJobaWbitbnip, L 177, SM) iLM»| SuHia^ 0«Ma> 
li(ltdDMi^>7efNewB*tbBa,lr.aM-ai4;aadr ' * ' ' 



law.] 



KEMAKga BT MB. JOBS FOBIA 



148 



It is piatBble that the portiona of the grant leserred hj Its terms 
to the widow and to Deane Winthrap wen paid orer to them soon 
after Joahua Wiuthrop'a daath. The delay in satiafTing tbe claim 
of Samuel Winthrop probafalj aroae from his afaaenoe ftora tbe 
oonnby and the alowneas of communioation la tboee dajs. 

Then ia aomething rerj curiona and not easilj explainaldo 
about thia entry or memorandum in the handwriting of Governor 
Endioott, and signed with his initials, which q)pears on the laat 
p^e of tbe fragment. When, whj and under what oironmstances 
it oould have been mode hj him, why it ahould have taken its 
peooliar form, and why or bow it oould hav« got into the place it 
oocupies, ate all questions not easily answeredL ta that il> legiti- 
mate place, or doee it owe ita position to aome eotmomy on the part 
of BawsonT Furthermore, the reault, aa attested by the Govemot^ 
doee not agree with the historical Reootd. One fsot^ however, ia 
thereby well brought out, — the filial devotiiHi and generoai^of 
the eldest son of Qovemor Winthrop. 

The Record in Volume HI., in ita general charaotar, resembles 
tbe Records of the General Court kept by the Secretaiy and now 
contained in the printed volumea I., II., IV. and V. That these 
four Tolnmca were the official Reoorda and not Journals merely 
cannot be doubted. They have always been regarded aa the only 
ofBoial Records of the General Court and were slwaya so cited, 
being designated as Volumes L, 11., III., and IV. No other books 
have ever been cited as authori^, except the Body of Liberties 
and other printed books of Laws wbieb, of oonne, were not the 
** pnblie leoords " within the meaning of the act of October, 1648. 
In preparing the printed Lawa of 1649 and the supplements 
tiunto, Joseph Hills used theae aama books, now printed as Vol- 
nmes I., II. and IV., aa his authorities.' Any suqncion, therefore, 
that tbe only Record we have Is not the official record and that the 
books which were the "official record" or tbe "pnUio record" 
have been lost or deetrc^red vrould aeem to be nnfonnded. If such 
loss or destruotioa bad tavken placo there oould hardly fail to be 
some notice of it in the records or histoty of the time. 

> 8m WU(iDara>i Kbliognpbloal SMah of tba La<* rf Iba Wiawiitamlli 
Coknj from 1C90 to ieM(Bc«ton, IBM), pp. vlL, 71^137. Far s> adeMM 
Botlea of JoMpk HBli and U* wMiDacillon with tb« pabUMtloB U Iba mtij 
Uws, tn Cot^ DblMT ef Msldto, ppL tH-ISS. 



144 



THB OQLOVIAL 9000X1 OF MA88A0HU8BTTS. 



P 



For the manilold reasons indicated this venerable Mannscript 
^entitled to a place in oar Thuisactions. 

[When tills paper was presented^ owing to the lateness of the 
hour, onl J certain portions of it were read, and some parts then 
lead are here omitted* —because of their fuller traatnient in the 
t^iOowing pages. In riew of the light thrown bj this Manuscript 
«poa the chancter of the Third Volume of the Massachusetts 
Colony Reeords, it seemed to Mr. Noble adrisaUe to submit it to 
Mr. William P. Upham, who has made this subject a special studj, 
and to OCT Msoc iat e Mr. Ooodell, who, in some prerious communis 
cations to this Society, has touched upon the character of that 
Boofct^ inammich as tiiej, together with Mr. Whitmoiv, maj be 
icgarded as of the highest authority upon the questions involved. 
To this eommunicatico, aco(»dinglj, is subjoined a Letter of Mr. 
Upham and his Notes, with their fuU and forcible presentation of 
the matter, and a Letter of Mr. Ooodell, presenting his views and 
ooididning some voy interesting suggestions.] 



Mr. Upham*8 LetUr. 
Jbmr NoBUB, Esq. 

Dbae Sn, — Some years ago, while studying, for Mr. Whitoiore, 

the Barlow copy of the eariiest Massachusetts Colony Records, 

now in the Boston Public Library, I had occasion to make notes 

Rgarding the original manuscript of Volume IIL of the printed 

Recoffds. Tho Barlow copy, so called, ends with the same Court 

(May, 1645) with whidi the paged part of the original of Volume 

IIL begins. This suggested the thought that the two together, 

lormi^ a transcript of the General Court Records from the begin- 

(162^ to the year 1«67, might have been the only duplicate 

^^ and that it was pffobably used by the House of Deputies as 

At fStmX time I identified the handwriting of the first part 

of the Barlow copy (to pago 221,-28 January, 1641) as that of 

ThooMs Lechfoid, but was not able, with certainty, to detehnina 

the handwriting of the rest of tiie volume, namely, that of pages 

its la Sit. Since tiwn I have made a further examination and 

an iMiined to believo that these h»t pages, orapart of them, aro 
in dm fcaaiwf i ling of Samuel Symonds, who was a Deputy from 
^'vidi to dm OeneBsl Cout» n member of the Ipswkh Conrt 



i8oa] 



LBTIEB OF MB. WILLIAM P. inPHAM. 



146 



from 1688 to 1642, Recorder of Deeds for Ipswich in 1640, a 
member of the Dover Court in 1641, and who was chosen an 
Assistant in May, 1648. 
It was ordered by the General Court in October, 1648, — 

«*tbat M* Symonds should have the Court booke for a fortnight cr 
thereabouts, to perfect his coppey thereof for their sbeirs * Co^** * 

We may ecmjecture that at that time the Lechford oqpy, which, 
as Mr. Whitmore shows,' was probably made in 16^ for Endioott, 
then one of the Assistants, was used by him, being a magistrate of 
the Salem Court, both for that and for Ipswich Court, and that 
afterwards Symimds continued the copy for the same use. This 
would explain in a simple manner the meaning of the woids, in the 
order ef 1648, ««to perfect his coppey thereof for their sheirs 4 
Co^** When, in 1648, the Laws began to be printed this copy 
was no longer needed by the Courts of Esses County, and tiiere* 
after may have been used by the House of Deputies as forming, 
with their own Book of Copies, a continuous record from the 
beginning. 

The handwriting of the latter part of the Bariow copy, at least 
a portion of it, resembles very strongly that of Samuel Symonds. 
There is a general likeness, and many peculiar marks of penman* 
ship are common to both. It may be worth remarking, by the 
way, that the watermaric of that p«rt which contains a copy of the 
record from 1682 to 1641, is the same as that of a petition of 
Robert Turner at the October session, 1646.* The watermark for 
the rest of the book resembles that of the fint part of Volume IL 
of tiie Records (1642). 

The recent discovery, among the Suffolk Court Files, of a few 
sheets containing transactions of the House of Deputies in 1640, 
confirms my belief that Volume HI. was the Book of Copies of 
the House of Deputies. If I am rigl^ the manuscript in the 
Suffolk Court Files may be properiy called a Fkagment of the 
Journal of the Deputies ; meaning by F^agmoit, not necessarily a 
part of a bound book, but a broken part of soom larger manuscript 

> MMMolMMtti Colooy Bamdi, iL 48. 

» A Bibliogrsphicsl Skttch of ths Uws ef ths Ifiiiiliaiilti CMoiy 

lOO to less (BcMtoo, ISOO), pw is. 
• MsmsohaMiti ANUfOi^ zhiiL Ml 

le 



ut 



oounoAL toooRnr or lUMAOHUSBTn. 



P 



Ikm 



', at jomr veqneiti leriied tad «iikigied mj Notai, in 
with jonr ecwanwmiotioQ to The Colonitl Sooietjr of 
tto Fngmmi aboro Bentioiied, andetToriiig to bring togetlier all 
be aaeartained as to the true ohaiaeter of the diffeient 
In doing this I have been ninoh indebted to yon 
^alnable assistanee and suggesticNis* 

Verjr tnilj 7oai8» 

Wm. p. Upham. 



VOm OK YOLOUE m. OF THE PBI5TED COFT OF THE 
MASSACHUSETTS COLONY RECORDS. 

A qnestion has arisen whether Volome III. of the printed Massa- 
dnsetts Cokmj Beoofds is a Journal of the Hoose of Deputies, 
m s Book of Copies, fiw the nse of that Uonse* made np hwn 
jonmals or from original files and from the offieialReoord of the 



be Order of Oetober* 164S,> the Auditor was to proride — 

la^ft paper books, in foUo, boaod apwithTekm Jb pasteboard, 
two whsweC to be ds ii fete d to the seoretaiy, Jb two to the elariEe of the 

tte Irirs salfj of sH lawes« aets it orders, Ae., thst shall passe the 
■esistrrtas it dspntiss, thst of the escretaries to bs ths pabllo rseord 



wereto— - 



The Seerstarjr and CleriL 
brisilf eatsr fato their 

what ars reCsrd to 
, 4 so for aigr 



lespsetifely, ths titlss of all bills, 

4 what ars Toted asgatively or 
or altsration.*' ' 



At te kttarendof the sesskms the Seoretaijand Cleikwere 
be pro ssnt at s meeting of the whole Coorti or of a Committee, 
hj their joomala** were to — 

Mils 4e* as hath nasssd sitbsr hooss t ** Tthess that had 
wars to bs dsUfsrsd to ths Sesrilaiy iHm was to] 



• JNtf.&flii. 



lasa.] 



LBIZEE OF MR. WILLIAM F. VPHAJL 



MT 



** rseord the same wifliln ons month aflsr eftrj sessions, 
done, the elariM of the depatias shsll hare libertj, for 
to trsDsoribs the same into his books.** * 



whkhbsiag 
month aflsr 



The Order slso prorided that all laws. Olden, ste.— 

• 

•• In the onld bookss, that ars of fores, 4 not ordered to be printed, be 
transoribed in some alphabetieaU or methodioal way, by dirsetkNi of 
soms eoniittee that this Coorts shsll pleass to appoint, 4 dellTsred to 
the ssoretary to record in the first place, la the said books of records^ 4 
then the ads of the other sessions.ln order aooordhigly, 4 a ooppyof aB 
to bs transcribed by the oUrfce of the deputies ss aforeaaid.*'* 

The following Notes upon Volume III^ in relation to the abore 
Order, are arranged, for oonvenience, under four heads: •— 

I. The eharaoter of the Reoord itself, in whole or in part, as 
entered in the book, and as compared with the original papen 
now extant from which such a record may be supposed to hara 
been made. 

IL Citations in copies made from the Beoords at the time, and 
subeequent ref erencee to auoh Records* 

III. The handwriting, watermarks, etc 

rV. Olden passed as to keeping such Reoords, snd how far 
such oidem were actually carried out or neglected* 



An examination of the contents of this book (ITolume III.) 
shows that it coren the period from 1644 to 1657, and tiiat, aa 
appeam from the title on the first page and from the general char* 
aoter of the whole, it was intended for the use of the House of 
Deputies, although containing, beaidee the transactions of that 
body, a record of the joint action of both Housee in the form of 
Totee and orders, lettere, commieskms, eU. Whether tUs book 
was the Journal of the Depntiea or its Book of Copiee fa tiie 
question. The character of ita contents has led me to beUere it to 

be the latter rather than the former. 

Tliough at times amnged, apparently, by succesriye daya, the 
entriee in Volume IIL are not such as we should expect to find in 
a reoord <^ daily tnmsactions ; nor are thqr iQch aa are required 

ILflSi. tlMCItflSi. 



148 



THB OOU>:SlAL flOGDErr OF XAflSAOHUBEm. 



P 



iors Joimalbf the Order of 1648, abore mentkmedv nundly, Mef 
ontries bf title of biUa, petitions, motions, eU^ with minates of sub- 
eeqwDt aetioa. Thejr aie, for the most part, votes as fiadly passed 
either hf both Hooses or bjr the House of Deputies. 

The maiginal dates in the original are often manifestlj inoor- 
ieet» and are generally misleading if taken to mark the date of 
nctwl sessioiis or the true order of the tran8aoti<ms. The Editor 
of tiw printed Reoords notices this in one instenoe.' It woold 
bave been better i^ in all the volumes, the Editor had refrained 
from adding maiginal and interiined dates not in the originals. 
This Is especiallj the ease where the Editor has divided the text, 
inserting the dates as headings. Such divisions do not exist in the 
original, the dates triiieh appear in the printed page being found 
ia tiw original in the maigin onlj. In studying these printed 
Beeords one must never foiget that a marginal date against one 
•■try is no evidence that entries which follow were of the same 
dale. Original papers now on file often show that orders were 
netoally passed at datee very different from those indicated in the 
p ri n ted Records* 

Everything tends to show that this Becord in Volume III. was 
M s de up from the original bills, decrees upon petitions, motions, 
cte^ then on file, and from the Secretary's official record; possibly, 
also, from some form of daily memoranda or **day booka.^ 

Edward Rawson, the Clerk and afterwards the Secretary, was in 
tfiehabUof keying what he called •« day books.** Inthemaigin 
af his Coart of Assistants* Record for 8 June, 1674, is enteied 
^▼ide day booke.** There Is no evidence, however, that those 
w9iB anything more than sheets, arranged at times, perhiH[M, in 
iolds, bat, sometimes at least, only hwse papers. There stUl 
maong Urn State Arehives and Suffolk Court Files, a 
of sack loose papem oontaining entries of transactions of 
As Ifagistrateo and Deputies as well as of the Court of Assistants 
mmd ef the CoundL There papem do not seem to have been parts 
a( a bound vohune. The F^agmoit from the Suffolk Court Files 
of five separate piHpers. The first three papem (three 
i) have aU the same watermark, triilch watermark fa found 
in erigiaal bills of 1649 and 1651;> the fourth paper (one 

«M isiitliColoByBecot^MHOi^ 

AraUns, zML U, 11. 



1898.] 



LBTTBB or MB. WHXIAM P. UPHAIC 



149 



leaQ has a different watermark; the fifth (one leaf) haa no 
watermark. 

In regard to the difficulty of supposing that no regular Journal 
of either House was kept, it must be remembered that Rawson, 
who was the person chiefly d^ended upon for clerical wi»k, found 
great difficulty in keeping up hfa most important official records. 
These records, with slight exceptions, besides a very great number 
of venires, commissions, public letters, ete^ he seems to have been 
obliged to write with hfa own hand, because of the meagreness of 
hfa compensation. He was Clerk of the Deputies from 1646 to 
1649, Secretary of the (General Court, of the Council, and of the 
Court of Assfatants from 1650 to 1686, and Recorder for the County 
of Suffolk from 1651 to 1670. As Recorder he performed the 
duties of a Cleric of the County Court as well as thoseof aRegfater 
of Deeds and Regfater of Probate. He had also other minor 
employments. 

At the end of the October session of 1645, he was allowed twenty 
marks ^for the service he hath done in keeping and transcribing 
the Reoords of the House of Deputies for the time past** In 
November, 1646, on account of the great expenses of the Court, 
the ^difficulty to ndse small matters,** and **the poverty of the 
countiy,** the twenty marks were made to answer for two yean 
instead of one, the Clerk having, however, the hope of fees for 
copies as **some recompence.**^ 

Among the instances showing tlifa Record (Volume HI.) to 
have been made up after, or at the ckae o( the se s si ons, are the 
following :~- 

The heading of die fint page fa as loUows t — 

••Enectlon: S9io44 

m 

•« AU a Oenerall Courts of Efaetkms held aU Bosloa, la ths 4* sad ^ 

Months, 1644. 

•« The Acts A DetermlnsStas of the Howss of Depotyes.'' 

Thfa and the rest of the Record for that year are in the hand- 
writing of Captain Robert Bridges, one of the Deputies from Lynn. 
It fa certain from the appearance of thfa heading that it was written 
with the oontext.aad not inserted afterwards, thus proving that 

I IfMaMhweMi Coloiij BMOfdib 111* 61, Hi E 167, Mb 



13$ 



THB OCXLOHIAL 8UUIETI OF MABSAOHUSETTS. 



P 



thtt porCumof tiie Record* thoagh haying maiginal dates for auo- 
eeMiTa daj% wai actuallj written after the cloee of the aession. 
The error of calling the months the fourth and fifth instead of the 
third and fourth (Maj and June) is remaricaUe. The writing is 
uunstakablj that of Bridges, though it much resemlles Rawson's. 
Captain Bridges was a good penman, and was frequently employed 
in such woriL His appointment as Clerk, if oyer made, does not 
i^pear of record, but votes by the Deputies for that year weie 
attested by him. At the session of the Deputies in October, 1646, 
he was •*chosenSecretaiy for the first day of sitting.'' Atthenext 
session, in Norember, he was chosen Speaker. 

Again, oq the firrt page of the Record for 1645,— which, with 
te rest of that record, was written by Edward Rawson, the first 
Cletk whose appointment appears of reoord,~the heading is— 

«« Att a Geocrdl Coifle of Ele^ton y* 1 4* 8 mo 1 646 begonas A hM 
Aeoatiaewed at Boston y* 8^ 4* A 6* llo^.** 

The record which immediately follows, to page 7, has no maigi- 
nal notes for snccessire days, though it eridently coveted a session 
fnm 14 llay to 15 June, as appears by a record on page 7, whew 
twenty pounds is granted to Sudbuty towards finishing a bridge 
^provided it be doone w^n a twelvemonth from this time. 15 June. 

In many cases original papers on file show that the Record gives 
enly the final result of action either by the Deputies alone or by 
both Houses, covering often a considerable kpse of time and affected 
by various intermediate changes, amendments, de^ not given in 
theRe cowL In some cases original votes <^ the Deputies, either 
conaented to by the Magistrates or certified as sent up to them for 
their eoneurrenee, do not appear in this Record.^ 

On page 222 of the original of V(dume HI. is the foUowinir 
entij, under date of 8 May, 1649:— 



. ^ Terrey was, ths Isst session of ths Oeeeimn Coarte, 

y^ ** «■•*• *o the Howse of Dsp*^, to lirame their bills and 

* '^ ^/^7 ^<^ ^ Cearte tiwt past the hist yite fairely fato tiietr 
of rsewds, w^ he hath doaasbthe Coarte Jadgeth It meets to 



MMkOoaK FOm, 
aiflM). 



■••••^ •* •O' a6«7)| Ka m (ItOQi 



1808.] 



LBTTBB or MB. WXLLL4M P. UVHAIC 



Ul 



allowe him ffower pounds oat of the nest eoantiy lery, w* 
the touns of Weimouth, as a recompsnes for his pahMS.*** 



On page 228 of Volume n. (original paging) is the same 
order:— 

•«Tbe Ck^, finding that Leift Tory was implied as eUrfce the h^t 
session of the Oeaerall Co^te, to frame to the House of Deputies their 
bits, A transcribe fairely the ord's of that yeare hi their booke, (w^lm 
hath done) sboold have meets Ss lost reeonpsnes for bis palaes, sgreed 
that be should be slowed out of the treasury 4^ as satisfaction for his 
pahies, out of the next eoontiy levy, from the towne of Waymouth.*** 

From psge 185 (original paging of Volume III.) to page 162 is 
the Reoord for the sessions of 1648 in May and October. This is 
wholly in the handwriting of William T<»iey («« Leift Ton«y% 
and is, no doubt, the transcript made by him in accordance with 
the employment referred to. The Order, as it appears in Volume 
III., describes the book as the **booke of records'* of the Deputies. 
It is therefore, we may presume, the same **booke <^ reonds'* 
referred to in the order appointing Rawson as Clerk, in 1645:^ 

** Edward Rawson Is chosen Sb appointed clalra to the Howse of 
Dopo*" for one whole yeare, to enter all votes past in both bowses, A 
those also y* passe only by them. Into their booke of reoo^ds.^* 

That portion of the volume which extends from psge 164 to 
page 208 contains the Record for 1656 and for May, 1657, and 
is in the handwriting of William T<»iey. It is evidently made up 
from the same original as the Record of the Genend Court in the 
printed Volume IV., since it agrees with it substantially, so ^ as 
it goes, though the order of arrangement is different. There is 
nothing to distinguish it as a record for the Deputies, except the 
record of the choice of William Torrey as **Clarke for the years 
ensueinge,** ^ 6 May, 1657.^ 

The Reoord from page 209 to 252 is for 1649, and is in the 
handwriting of Edward Rawson. The rest of the Volume (except 
page 258) is in the hand of William Torrey, who was chosen Clerk 
28 May, 1650. It oontains simikr records for the Depntiesi made 

t IfMMefaatettt Coloay Beeordt. HL 168. 

•/l«.IL9a8. •/Mitt. 88. •lUi.VLm. 



ta 



ooLomAL tuciftii or MAstACHunns* 



IJam. 



«pii praibdify, fixnii **dij bodes** or otber mrawtanda, with tnui* 
ocripii from the leooidi or origiiial papen of the wiiob Cott^ 

TIm loUowiog ooa^pfttifoa of the Fngmeiit eommiiiiicated hf 
Ml NoUo with the eanmpoudmg pert of Vdune IIL ihowi thai 
Ae temer reeemhlee a Journal aiiich more than the hitter. 

Ajcf 1 mnd 8.— The Liet of Depoties hae the heading— 

«« je OM^all Betoaniea | for Dep^ | wae Bead 4 Aeoepted. yir 
■aaee are^telc; 

Li the printed Beoordt Volnnie III^ the lieading la— 
^Depo^jea choeea bj the Tonoee to eenre tlM oooatiy at tUa gettllll 



In Vdnne III. the Keoord has the following not found hi the 
iMMgni cn ts — 

•^OatheS'lfay, 1649, eBtefedA|«aMd! 1M9.'* 

In the BMigin of the fiiat entry, aa to Oednejr'a petition, ii 
written •'aeniiip»**whiohia not in Volume IIL Ako^^m' Auditor 
gaMl'*waacanoelledaiid««CaptKeajne''aufaatitnted. In Yd- 
mme IIL only the aufaetitnted name appean. 

The third and fourth entriea and others throughout the Frag- 
sent show, in a similar way, that it contains the original Totes 
and memoranda, and that the record in Volume III* was written 
afterwards, karing out what had ceased to be important 

Genendly, the Fragment answem the requirements of the Order 
of October, 1648, as to the Journals. Thus, in the Fragment, 
«nder date of S llay, the petition of Edney Bayly is simply entered 
hj tiUe, and the action upon it briefly noted. The order by both 
Houses appeam under date of 4 Kay. In Volume IIL the full 
cfder of the Court ia given under date of 8 Hay. 

So ui the fifth entry, as to the agreement with Phillips, de^ the 
cfder that it ^ shall be entered amongst the Beoords of the Courto ** 
is only briefly stated with the memorandum ••with 8 Additkmst 
cBq[uier:*' In Vdume IIL the agreement ia reoorded and the 
Arae additiona are giren in fulL 
' The Biath entqr, aa to new business **tfais session,** does not 
{nYofaHnallLi for the isMom we may suppose, tiwti ttie 









lass.] 



LBRiB or MB. wnxux p. VmJJL 



188 



Beoord being made up after the elose of the seseion, tUs SBtqr wao 
no longer important 

A^ 8. — The same difference is shown in the entries as to the 
«petitioii of Hull men.** In Volume UI^ under date of 9 Hay, 
the worda are — 

••the 15th. day of this fatstaotwas appointed for a pablle hearing el 
the caee, w^^ was attended in the meeting bowse.** 



is fiillowed by a full statement of the subsequent rotes. 

Faga 9 ttnd 10. ^On these pages are entries, probaUy, for 11 
Hay, 1649, as tiiey correspond generally with those for that date 
in Volume IIL The date ••S May 1649 ** against the entry as to 
••m' mavericke** ia perhaps the date of the ••former gmunt or 
promise *' therein mentioned. That it is not the date of theentry 
' itself appears by the TOte for adjournment ••till V day next,** 
which was Monday, the fourteenth of May. 

Some of the entries on these pages are more fully reoorded ia 
Volume IIL The petition of •• misticke aide,** for instance, is only 
mentioned in the Fragment, while the Tote making it •• a d'^'- ^ 
town by the name of Maulden** is recorded in Volume HI.. 



n. 

The Record printed as the Third Volume in the series of General 
Court Records should not have been so treated, but should hare 
been made a supplementary Tolume. Making the book Volume 
in. of the series introduces confusion, citations from the printed 
Records disagreeing wiA the ancient citations from the originals. 
For example: a copy of a record of 12 May, 1676, as to a petition 
of Henry Adams, is certified by J. WiUard, Secretary, aa of record 
••Libf 4, p. 86**; another of 12 May, 1676, as to Haveriini bounds, 
is certified by Isaac Addington, Secrf as from ••Lib. 4, p. 89**; 
also a record of 16 May, 1667, fa certified by Addingtoo aa from 
••Lib.8,p.686.**> 

I BdMk Cowt FUee, Vo. 1«7», 1? PH»r, sad Ko. IMO^ W sad ff 
Tlie jr<i^ fefaunct eoatiaaing tke BMordt died M aaiibwid T. ' 

teipeotifelj. 



sad IT. 



IM 



TUOOLOVIAL tOCIKTT (HP MAStAOHUSIITS. 



[Jav. 



Coatemponiy leferenoef > io tho or^inil of tbt printed Volamo 
nLdncribe it m the •'book of rooordt** or^'booka of eoppm'* 
of the HoQM of Deputieo. 

la his BibUognphical Sketch of the Laws of the Maaseohiieetii 
Cokmj (p. IS, nU$^ Mr. Whitmoie giToe in fnU the Older of 
October, 1648 (which reqniied two books to be kept by the Seoie- 
luy and two bj the Clerk, end aleo pcovided for the tranecription 
of the old kwiv otdef«» deJ)^ end mentions in that connection «* the 
mferenees,* Ifaj 10, 1(158, to Tarioos books of records, when the 
kws aboot ConstaUee were collected and codified.** He then 
slates Ihat*- 

•* noos of ttese Tarions leocrds sad eoapaatioBS of laws sre aow extant 
at e«r State Hbaes. The coatiBaoos record to 1686 eidsls sad one 
(16U-16ft7) of the Joonal of the Depoties.'* 



He lofsis agahi (p. 114) to the Sammaiy of tiie laws as to Con- 
stables, nMde in 1858, which dtee ^Ub. V" •«Lik S,** ^Ub. 8,** 
and«Lilii4,**andadds — 



**TUs muLj be a awrs cofaiddeBce, or K maj coaflna cor tbeorj that 
before 1660 th«e wsfe these foor books of priated laws: especially as 
liber I raas to p. ^. I have not beea able to tborooghly inTssMgate 
the nfersacee, eoaM of which are Teiy possliag.** 



Tlie soppoeition that the foor books referred to in the Summaiy 
as la Constablee, mentioned by Mr. Whitmore, weio books ot 
moH, and that they or eooM of them ma j have been Books of 
Oopiee now lost, may have led to oonridering Volnme in. ae only 
a JonmaL It ie oertain, howeyer, from a caref ol etody of thoee 
leferences, that the foor books were not books of recoid, hot were, 
as Mr. Whitmore intimatee that they may hare been, the four 
printed books, the Code of 1849 and the thiee Supplements which 

Mr. Whitmofe hss shown, with soch admirable skill, wero in exist. 
185^ thoogh no copy can now be found. 

An ex a min a t ion of the Summary as to Constablee,* beeidee ex- 

1 Sas As <Mw fw the iMijMnil of Tonsy, e Ifqr, 1646, end the Oite sp. 

taaica Qwk hi I6IS» ■ i ti oatd abta; •lio the gma» to Ton^ si 

id hi H i I iBi l I I, lew. Qf im nhn i Uti Ctlt^ Beoe t di, Ir. (Pm 1) 

• MMMdMMNi CUoay Bsoqri% if • (FM 1) Hi. 
•BM:ir.CrMl) 



I8S6.] 



ISRBI OF MB. WXLUAK P. UFHAIL 



165 



plaining the origin of these citations, bringa to light a number of 
new items as to the form of these eariieet printed books of Lawa. 
It may be well, therrfoie, to take this oocssion to pressnt the 
matti^r in dctaih 

The firrt of theee printed books, **Uh. l,"* was the Code of 
1649, of about 68 pagee ; the second was the Sun;4ement ton cer- 
tain omissions and for 1849 and I860, of about 17 pages; the third 
was the Supplement for 1861 to 1868, of about SO pagee ; and the 
fourth was the Sui^ment for 1864 to 1867, of about 28 pagee.' 

The highest page number cited in the Summaiy for Lib. 1 is 66; 
forLib.2isl0;forLib.8isl8;andforLiU4is28. Thesefiguree 
agree with Mr. Whitmore's estimate as to ths sise of each book. 

The fint fire sections of the Summaiy and the eighth section, 
which contain general legislation as to Constables passed in Octo- 
ber, 1841, and May, 1848,< cite Lib. 1, p. 18 and p. 14. Turning to 
Mr. Whitmore's Table,* showing the alphabetical titles that « were 
certainly in the printed Code of 1849,** we find ^'College'* for 
p. 18 and •^Con?eyancee fraudulent** for p. 14. We may oondade 
that there was also in that Code a title «" ConstaUee** for p. II, 
and part of p. 14. This is confirmed by some cancelled words on 
the (wiginal order as to ^Youth's Biiscarriage,**^ passed in October, 
1861.* That order authorixee constablee ^to act herein as is pro- 
Tided in reference to the Law of Innkeepers,** and theee words are 
followed in the original biU by the cancelled words ««8 m* 1849 
Title Const,** the meaning of which, no doubt, was that there 
was a tide "« Constables** in the Code of 1849. Section 6 of the 
Summaiy diroots constables to search for ^ persons overtaken w* 
drincke,** He^ in inns, «^ and is derived from the law of May, 
1848, above referred to. It cites ^Uh 1, p. 18.** Section 6 also 
dtes, from liber 1, page ^'Sl, tit Drunkenees,** probably referring 
to a sub^tle, •'Drunkenees,** under the title •'Innkeepers.*** 

Of ths twenty-eix eections of the Summary, nineteen cite •'lib. 1,** 
and all these nineteen contain legisktion prior to 1849. 

I BibUogrsphlesl Skstbh, «le., pp. 64. 106-114. 

• MimMhuMtta Cokmy Raeocdt, i. SS6( tt. 166. 

• BibUogrsphioAl Sketoh, «le., p. lOS. 
« MMMehMeHi ArebivM, siflL 16. 

• MumohMottt rplony R^wt^it, IH- fttr 

• 8ss Ifiiiilisiitti Orioiy Uns (sditloa of 1666), tP* 46-4i> 



IM 



THB OaUnUAL tOaDETT or lIABSAOHUnBTTf. 



[Jait, 



SKium «, wUoh dtM «• Lik 4, p. le,"" wit in the order of Ma j, 
1646 ; ' but then were later acts* as to eommitnient of offendeiVi 
and an ma/ hare been brought together in *«LiK 4.** 

Sedum 7, whieh eitea ^\ LiK p. 19,** la taken from the law of 
Maj, 1616. Here the •'19'* may be a clerical error for •'18.'* 
Stetim 8» which is from the aame law, cites •'UK 1, p. 18.** 

8€dwm 9 dtes •'UK 1, p. 26 ** for a law as to •'common coasters*** 
idle perMNis, dc^ passed in 1688. This would come under a title 
"Idleness** on page 26 of the 1649 Code and between ••HIghwajs*' 
and •'Impost*** 

The second part of tiiis Section 9, which relates to the order of 
October, 1651,^ as to harboring joung people, cites, in the original 
Record, ••UK 4, pi 6.*** This citation maj indicate that the kw 
waa first printed or was repeated in the third Supplement 

Seditm 10 cites ••UK 1, p 27 ** for a law as to •'oustome masters 
of wines, ** €10., passed in Maj, 164&* This was, no doubt, under 
the title "Impost** on page 27 of the Code of 1649. 

Sedum 11, for the law as to lerjing of rates, €10., passed in 
Norember, 1647,' cites "UK 1, page 46,** thns indicating a title 
"Rates** for the Code of 1649, coming between "Punishment, 
p. 45 ** and "Records, p. 47.** For the order as to fines, <(0.(Maj, 
1654V it cites "UK 8, p. 2, 8,**— probaUj an error for "UK 4, 
pi <, &** The edition of 1660 (p. 76) has similar prorisions and 
eites in the maigin " A[nno] 54, p. 2.** 

Sedkm 12, as to gathering town rates, October, 1657,' cites 
"UK 4, p. 26.** The edition of 1660 has the same pcoTision, 
Oder "ConstaUes,** and cites " A[nno] 57, p. 26.** 

Sttlion 18, lor an order passed Norember, 1655, as to clearing 
accounts l^r the flitt of Maj,!* citea"UK 8, p. 18,**— probably an 
error for "UK 4, pi 18.** 

8tdw^ 14 is the law of 1687 and 1689 aa to lost goods and 
etwya. It cites "UK 1, p. 48.** This adds another titte to Ifr. 

Ma waol nM e tti Cdloay ItecorJi^ it 15a 
nU. I?. (Fvt 1) 897, lOft. 

8ss she lia waol m ie tti Colsiiy Uwi ef 1660, p ta. 
H sMi tl lM aU Cdloay Bte Mf i% ML 842. 

The dlalioa (UK 1, ^ n) la the printed tefame ii an itier el ths 
MMMhanlls Cobaj Beoqri% & 840. 
iK^I.212. • /IM: I?. (Ptot 1) ISi. 

iW Ir. («Mt 1) lOi. • iW. I?. (Ftet 1) 8I7. 



1806.] 



LBTTBB or MB. WILLIAM P. UPHAK. 



157 



, 



Whitmoro*a Table for 1649, namely "Stn^TS, p. 48,** or, as Baw- 
eon writes it, "Stmjes,** coming between "Schools,** p. 47, and 
"Strai^gers,** p. 49.> 

Stctum 15 contains the con8table*a duties relating to the watch, 
from the laws of March, 1686-7, Maj, 1640, and May, 1646; and 
cites "UK 1, p. 5L'* In Mr. Whitmore*s Table is "Watching** 
for p. 52. It i»obaUj occnpied alao a part of page 51. The citn* 
tion "UK 1, p. 16,** probably refers to some provision nnder 
"Conrts** or "Coroners.** Another dtaOon — "UK 4, pag. 12, 
25,'*^is for laws passed in May and October, 1652, and May, 
1667.« 

SicHon 16, for orders, passed in Octdbeiv 1652, May, 1656, and 
May, 1657,* as to commitment of offenders, cites "UK 4, p. 16.** 
(See above under " SecUon 6.**) 

SicHon 17, from the law of November, 1647, aa to weights and 
nieasnrQB,^ cites "UK 1, p. 51,** adding a title "weights 4 meas* 
urea** to the Code. 

Sedum 18^ as to serving attachments, has the intereating citation 
"UKl,p.65,titPrssid^** This would indicate that at the end 
of the Code of 1649 thero was a collection of matters <^ farm 
or cuatom not found in any express law. In an order of Octo* 
ber, 1649,* for printing the Lawa enacted since the publication 
of the first book, thero is added "as alao therewith to proparo 
those lawes referred to in the end of the printed lawes, widi a 
auitaUe taUe to be printed.** The edition of 1660 (pp. 88-8) 
has a table of "Presidents and formea of things frequently 

used.** 
iS^el^ 19, for a law of October, 1649,* amended in October^ 1652,' 

oitea"UK2,p.lO.** The 1660 edition has the same citation under 

^Electiona.*' 

B^dum 20, from an order of October, 1654,* dtea " Lft. 8, p» 9,** 
— probably an error for "UK 4, p. 9.** AmMmi 21, on the other 
handtdtesforanorder of August,1658,*««UK4,pw20.'' This 

1 8m IfMMshiiMttt Cdo^j Una (editioa el IMO), p 71 
■ MMMduMtti Colooj Bmrdt, iv. (Ptet 1) n, lOli 998. 

• Ml . iv. (Ftet 1) 101, 966^ 999. 
«iltf.iL911. •nU.VLWL 

• /M. fi.999. V nu. iv. (PtetDlM. 

• IW. iv. (Ptet 1) 908. • /Ml. iv. (FMt 1) 199. 



^ 



158 



THB OOlLraiAL MOUBTf OF 1CAB8A0HU8BTXS. 



P 



■boald kftTv been •• lik 8, p. 20.*" The 1660 aditioa oitet, nndar 
^MMnhaV* *A[iiiio] OS, p. 20.'' This oonfnsioii of ••Lilx 8"* and 
^LOl 4** was, periiapt, Bataral, m the third Supplement was the 
/muik book of lawi. 

SeUwn Sidiiecte theconstaUes to act aa oonmeia aad is the 67th 
aitide of the Body of Liberties. Iteitea«*Lib. l«p. 16,'*8uggest- 
i^f a title of •^Corooeis "* between «« Gomfielda ** and •« Diroroe.'' 

SteHom 88y aa to warning penons living apart ham their hoa- 
banda or wivea, from the law of 1647,i eitea ^'lib. 1« p. 87.'' It 
probaUj eame under •« Marriage'' in the Code. 

SeeU^H 24| the law of Ma j, 1658,* aa to ref naal to aenre aa oon- 
staUe, eitea •« Lib. 4, p. 18,"— profaaUjan enor again for ••Lib. 8, 
pia" (See abore under ••Section 20.") The 1660 edition, under 
••TowMhip^" hu it - A[nno] 68, p. la" 

StOwm 26, aa to puiauit of runaway aerranti, sic.,— law ot Sep- 
tnnbeiVl685,<— eitaa^^Ub.l,p.88." This waa, no doubt, under 
••Maaten," <fts., p. 88 in the €ode. 

Tks Ud SuHan, 26, aa to informing against ••new<«omeis," ete^ 
bom Hm laws of Maj, 1687, and September, 1688,* cites •• Lib. 1, 
page 8^** adding another title, ••New^xmiem,'' lor page 89 of the 
^]Sffde. 



IIL 

An examination ot Hm Watermarks shows tiiat Volume HI., ao 
eaDed, was made up ot scTeral partk The binding into one book, 
kowerer, must have taken place at a veiy earlj time. The first 
Mren learea, containing the record b]r Bridgea, were not paged at 
aU, but the rest of the rolume is paged sucoessiTelj and in an 
ndent hand,— piobaUj Rawson'a. 

Bie following Table, pmenting in one Tiew the handwriting, 
liatermarks, and datea, maj, periu^ help to show the makempcrf 
the book, and to suggest the order of time when the different parts 
iPBie written. The three different watermaika are designated hy 
A,B,aadO. The Ibst aeiren leaTca contain aeirea written pagea, 
wVeb are asaiked 1* to 7^ in the printed Tolume : — 



• JMLisar. 



iLSll. 



* /M. ir. (Fvt 1) m. 



Ma] 

l*to7» 
1 to 104 
105 to 107 
107 to 110 
111 to 118 
114 and 116 
116 

117 and 118 
119 and 190 
191 to 194 
196 to 180 
181 to 184 
186 to 145 
146 to 148 
149 10 169 
168 
164 to 906 

909 to 988* 
988»to944 
945 to 958 
954to476 



xjoTiE or MS. wniiAM P. upbam; 



Bridges 
Rawson 



M 



Torrey 

Rawson 

Tomj 

Rawson aad Toftiqr 



44 



44 



Bawson 

[Blank] 

Rawson 

[Blank] 

Torrsj 

[Blank] 

Tomj 

[Blank] 

Tomy 

Rawson 

4f 
44 

Torrey 



A 
B 

A 

44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
41 
44 
44 

44 



A 

44 



IM 



May, 16a 

May, 1645 to Kofembsr, 1646 

November, 1646 to May, 1647 



May, 1647 

October, 1647 

October, 1647 

Msy, 1648 

October, 1648 

May and October, 1656 aad 

May, 1657 
May, 1649 
October, 1649 
October, 1649 A May, 1650 
May, 1650 to October, 1655 



It will be noticed that four Uank pages occur in the lecoid for 
October, 1647, and four more at the end. These may hare been 
left to give room for certain important records omitted at the time 
by the Clerk as appean by the Secretary's record for diat aeeeion. 

From the fsots indicated by the above Table we may conjecture 
that this Ant volume of Records for the Deputies began with a 
amaU book of about twenty^siz sheets, in iriiich Rawson entered 
the record for 1645 and 1646; that he then enlaiged the book by 
adding folds at the end and also one fold at the beginning. In 
this fold Bridges entered the record for May, 1644. Some pages 
of this fold were left Uank. Perhaps it waa intended lor the 
record of October and November, 1644, which is not in Volume III. 

Torrey assisted Rawson in keeping the record for 1647, and, 
by special employment of the Gourti aa already atated, kept the 
whole of the record for 1648. When Rawson began again with 
the record for May, 1648, he left fori3r4va pagea blank, in which 






IM 



noi ai>*-^w"^'' tooomr or MAauoauiuRa. 



liAM. 



Tamjf loog aflert enlirad die leooid for 1W0 wid 1867. 
yrpi^f the gimat to Toinj of Slito Uand in NaT«iiiber» 
liM^i— •'iMkiTiqgiiavpcilaoladllMDepaliM boob of ooppiM 



wi 



AIllMNigh ofdan weio ptssod at Tvioat timet m to the nuumer 
of koeping the Baooidit toch orden were not always carried into 
•ffeot In general, it majbe said that the Record waa kept daring 
SMst^ if not all, of the Colonial period after the manner in dicated 
In die order of 17 Jane, 162d| appointing a Gommitlee— 

•^forredodogof all former orders into a methode,'' ife., *« • • • weh 
an timi by the Seeretafj lo bee eaterad iaio a faire booke to bee kept 
far thai pupoaeb aeeordlag to the Taage & eaatome of other Gom- 



That ia, die ordera, Totea, s<e^ were written originallj on UUa, 
petitions, reports, motiona, dt^ as presented, and were placed on 
file; and theee filea were sabseqnentij arranged or **redaoed to a 
■sethod'' and the record made np ficom them. 

For part of the time some sort of '^day-book*' maj hare been 
kept for entering brieflj the sabject of votes, petitions, tU^ bat 
probaUj only in the form of loose sheets or folds as indicated 
by a few each sheets still presenred among the Files, as already 
■lenticiied* 

The Order of October, 1648, seems to haye been an effort to in* 
Ivodnce a more thoroagh method of keeping the Records by pro* 
Tiding for a Joamal of each Hoose as well as a Book of Records. 
It is erident, howerer, that tiie provisions of that onlor wcro never 
carried into fall effect, the reason being, perhaps, that the expense 
which would have been incnrred by ondortdung to keep up a 
dooUe set of books for each Hoose rendered the plan impracticable, 
and that the printing of the Laws, which began at that time, made 
It less important 

Bawsoa seems to have endeavored to con^y with the order in a 
He kfl a Urge part of the Book (rf Becorda for the 

Coloay lUeotdi, jr. (Ptot 1) n.m. TW Iriaiid Bm of 
• IW wii a i g fci thii cnuii l i tf a rt ii tliU la gu iMi tw , ISiS^ the Dspotfae 



laoe.] 



LRZKB OF KB. ABVBB 0. OOODXIAt JB. 



161 



Deputies blank, perhaps to make room for the old, onprinted, laws 
and orders required to be entered before the record for 1649. This 
Uank was filled \if Torrey with the record for 1648, and after- 
wards with the record for 16S6 and part of 1657. The provision 
for a transcription from the **old bookes^ was, so far as there ia 
any evidence, whdly neglected* The other provision as to the 
UUs, tU^ remaining with the Governor or with the Speaker waa 
found inconvenient, and was practically repealed by an order of 
28 May, 1660.1 

There is no evidenoe that the ^ four laige paper books in folio^** 
mentioned in the Order of October, 1648, were all provided* The 
Third Volume of the Secretai/s Record (Volume IV. (rf tiie 
printed Records) is a very large folio^ and corresponds with the 
requirements of the Order. It covers the time from 1650 to 1674, 
and was wholly written by Rawson. The watermark is the same 
throughout 

The description of Volume HI. given above indicates deariy 
that the Clerk of the Deputies, for want of a new ^ large paper 
book,** used for his Book of Copies the smaller old book which 
had previously boon used for a similar purpose. 

From all those considerations we may conclude that this Volume 
ni., so called, was a ^booke of records ** for the use of the Depo* 
ties, containing transcripts, not only of their transactions, but of 
the joint action of both Houses, for the years 1644 to 1667 ; we 
may also reasonably infer that no regular Journal, in book form, 
was kept by either House, and that the keeping of a Book of 
Copies by tiie Deputies was disocmtinued after 1667. 



J/f . <kMlt% letUr. 

John Noblb, Esq. 

Ht dbab 8iB,^In compliance with yonr request I had pre* 
pared a review, in consecutive detail, of the several points dwelt 
upon by Mr. Upham in his Notes on Volume UI. of the printed 
copy of the Massachusetts Colony Records. In that paper I had 
combined the substance of what I had previously said upon, the 
at meetings of The Colonial Society, and elsewhere* 



Coloay Beeotd^ if. (Plwt 1) $. 
11 



in 



THS CX>LOHIAL 80CIETT OF lfABaACHUgM'A'g> 



[Jav. 



ftod wbal I had written to Mr. Edet to be oommimicated to joii« 
together with eome reenforeemeiit of mj eignment in support of 
n theofy at yariance with Mr. Upham'e eonolusion; but upon 
mature reflection^ I have reduced what I have further to offer 
to a briefer compaas, from a eonviction that the restatement of 
nndi^Nited fMti would not only needleealy encroach upon the 
apaee which the Committee of PuUication has to apportion among 
aU oontributon to our Publications^ but would rather darken 
than niumine whaterer maj have already appeared obscure or 
debatable. 

The questioo in dispute is not whether Volume m. of the printed 
ColoBy Reccwds is a Journal of the House of Deputies such as is 
described in the Order of the General Court passed in October, 1648. 
On the eontraiy, I think that connecting the journals proposed in 
1M8 with the journals which, {msumably, the Deputies must have 
hBpt from 1644, — the date of the separation of the Freemen and 
D^nties from the Assistants, in imitation of the two Houses of Par- 
liament, — tends to confound two entirely distinct matters, in such 
manner as, in considering the nature of the •*book of copies,'* to 
bewilder the mind by taking it back four years before any such 
book existed, or, so far as we know, was thought of. With our 
minds freed from this confusion, we shall find, I think, less diiBoulty 
in recognizing in Volume HI. the character it professes to hold ; 
thai is, simply, a record ot «*The Acts 4 Determinations of the 
Howse of deimtjes,**^in other wmds, the House JoumaL 

I do not deem it important to inquire whether this Volume III. 
is the original draft or n comfMlation of original minutes, since in 
either ease it would not affect the character of the book as being, 
euentiaUy, n journal, all journals being more or lees oompiUtions 
from previons minutes; and the fact that the Secretaiy's records 
and the Cleik*s entries were evidently compiled from a common 
sottioe is as strong an argument, certainly, that both were journals, 
as that either was another kind of record. Nor should we expect 
to Cnd n rigid compliance with the directions of the Older of 
Oelober, 1648, in regard to the Clerk*s entries in his journals, sinoe 
Hmm directions were deariy permissive and not restrictive. Still 
less important is it to dwell on the irregukrities and anachronisms 
wlHeh abound in flie book in question. These faults, which are 
to an Jonnals, do not strengthen the argument that 
IL is net a Journal, bnt father sustain the tbeoiyfhatil 



18M.] 



LETTEB OF MB. ABXER 0. GOODXLL, JB. 



168 



oould not be a book of copies of laws and orders which the Order 
of 1648 implies was its exclusive purpose and in which, therefore, 
we should expect to find nothing else. The fact that the first 
printed Journals of the House of Commons were not composed in 
regular order, and strictly conformably to the course of legislative 
proceedings, and that, evidently, they do not embi«ce all that was 
said and done in the House, has never been alleged against their 
legitimacy. 

The least convincing argument against the theory that Volume 
in. is a book of Journals of the House is that it recites certain 
proceedings of the upper branch of the Legislature. A sufficient 
answer to this is, that these recitals of the doings of the coordinate 
Ivanch always have been, and still are, a necessary feature of the 
legislative journals of either branch ; since this is the only way in 
which concurrent action of the two branches can be intelligibly 
put upon rec<nd. 

Having thus eliminated some principal sources of confusion and 
false inference, we come to the question. Is it a **book of copies of 
records ** kept by the Clerk of the House ? Mr. Upham's surmise 
that the system prescribed by the Order of October, 1648, was 
never practically ndoiptdd to the full extent, seems to me plausible. 
In deference to his judgment, founded upon his conscientious and 
more careful study of Uie subject, and borne out, in some degree, 
by the virtual repeal of an important part of the Order of 1648, 
two years later,^ I am willing to believe it probaUe that the 
**four large paper books, in folio,^ mentioned in the Order — two 
for the journals of the respective Ivanches, and one eadi for the 
Secretaiy and the Clerk of the House, ** for the faire entiy of all 
lawes, acts 4 orders, &C., that shall passe the magistrates 4 depu* 
ties,** (the former ** to be the puUio record of the eonntiyy'* and 
the latter •^to be a booke onely of coi^es **)— were never procured 
as the Order required ; but if this be the fact it certainly ought 
not to change our judgment as to the practice which prevailed 
before 1648, nor, even if the scheme of 1648 was wholly aban- 
doned, does it follow that books— not journals for recording the 
dmngs of the House, but, txdurivdjf^ for the entiy of copies of 
** orders that have paMod the approbation of both magistrates and 
deputies'*— were not kept by the Clerk of the House in 
to his journals* 

« Mmsohiistti Celonj Bssotdib Jv. (Pirt 1) ti 



164 



TBB OOLOXXAL 800IETT OF MASSACHUIBTIl. 



[Jav. 



TbecN^lectingof the Lftws and reoording them in a ^faire booko 
to be kepi for that puipose*** independently of the Oeneial Court 
ReoocdBt ieems to have been an established practioe as early, at 
leaati as the order of 17 June, 1629, to which Mr. Upham refers. 
It fluiy yet be possibb to ascertain how many collections of this 
sort were made and promulgated in manuscript before the first 
lerisioa in 1641 was published under the name of The Body of 
LibertiesL It was from such a collection, probably, that the twenty- 
two of ^Captain Endicott's lawes ** were oopied and exhibited ^to 
theLotds.** 

We may confidently assume, I think, that the practice continued 
after the manner thus early adopted, until the separation of the 
two hrancbcs of the Leguilature in 1644, when the new exigency 
required a modification of the former method. Accordingly, we 
find that the ordinance establishing separate sittings of the two 
bnmehes of the Legtslature provided that, ** when any orders have 
passed the appn>bation of both magistrates and deputies then such 
offden to be ingrossed and, in tlie last day of the Court to be read 
deliberotely, and full assent to bee given.^ By** ingrossed** orders, 
I infer, is meant onlcrs fairly transcribed into books kept for the 
purpose or on sheets to bo bound up into such books, and such, 
we may conclude, were tlie laws, orders, tie^ ^ in tlio ould bookes *' 
that, as Mr. Upham shows, were, in October, 1648, for the first 
time, ordered to be transcribed ** in some alpliabeticall or methodi- 
cal way,** by direction of a Committee and delivered to the Secre- 
tary to leoofd, and dum to be transcribed by the ** Clarke of the 

Thb inauguration of the alphabetical arrangement of the laws 
affoids another clew to the nature of the Secretaiy*s reeoid of the 
laws, and of the «* book of oopies ** which the Clerk of the House 
was directed to transcribe therefrom, since it tallies exactly with 
Urn method pnrsned in all the printed editions which began that 
aamo year. It is not a rash supposition that these printed laws 
ioQowed the manuscript Ilecotds in the order of the titles as well 
as in the tenor of the ordinances. It may even be the fact — not- 
withstanding Mr. Upham*s ehtboiate confirmation of Mr. Whit- 
Move's fagenioQs hypothesis that the books cited fay numbem in 
dm maigin of the printed Colony laws were the first printed 
•dBtion and its aq^pbaenta-- that these printed copies were from 



Ma] 



IXinn OF MB. ASSKR a GOOOBLLt JB. 



166 



manuscript originals of substantially the same page-numben. 
In forming a theory as to how and when these manuscript books 
disappeared, we are justified in admitting the possibility of their 
having been used fay the printer as copy; for, not until the intro- 
duction of the present system during the period of the ** Usurpa- 
tion,** do we find in the Archives copies of the laws and orders 
systematically arranged and regukriy fmeerved; and we know 
that, as a rule, during the Provincial period, the original House 
Journals wero sent to the printers, and were never roturned ; but I 
confess it seems to me mora probable that these manuscript records 
of the laws continued in unbroken series during the Colonial and 
Provincial periods until they perished in one of the great fires 
which wrouglit such havoc with the public records in Provincial 
times. As a general rule it is safe to assume that a custom is as 
old as the conditions which induced it Throughout the Provin- 
cial period thero can be no doubt thati besides the Bills which 
passed into the Secrotary*s files upon their enactment, and the 
parohment engrossments of these BiUs, which wero enrolled, the 
Secretary customarily kept a regular series of records of tlie per- 
fected Acts. When, may it be asked, if not eariy in the history of 
the Colony did this custom begin? If there is any reason for 
believing it to be of more recent origin, it cannot bo that it was 
more necessary at the later period, when iht Acts of the Legislature 
were promptly published thricmghout the Province by the sound 
of drum and trumpeti and regularly printed and disseminated 
at the end of every session. To continue the parallel, it may be 
added .that the earlier volumes of records of the Acts of the 
Province were consumed by fire when the old Town and Court 
House was burned ; and may it not be reasonably surnused that, 
among the other books which perished in the conflagration, the 
records of the Colony Ordinances were included? 

However improbable, it is not impossible that the custom of 
keeping a duplieaU manuscript series of the Ordinances was 
abandoned not long after the laws began to bo printed. That 
such a change might have quietly taken* place Is not an unparal- 
leled event We have a similar instance in the abandonment of 
the custom of making up from the Journals of the two bnmehes 
of the Legislature, and from the documents on filop die so-called 
Beoovds of the Genend Courts which senseless prsotioe was eon- 



166 



THS OOLOKIAL 800IBIT OF 1IA08ACHUBETT8. 



[Jav. 



tinned Cor m hftlf-eentmj or more after the adoption of the Coneti- 
tntioa of the C^onunoowealth. This anpeifluoos labory which wasi 
f naetly alopped bjr the Secretaigr without autborilgr from the Legin- 
latiUBv had been kepi np in Uind deferenoe to the idea that there 
■mat be anch a aeriea of Recorda dietinot from the Joomala of the 
Home and of the Senate. It waa an error baaed npon a fidae 
tndition l^* whioh» thninghont the Provincial period* the Legiala- 
tire Jonmala of the Goremor and Council were regarded aa prop- 
etlj the Beoorda of the wfa(rie Coort, and ao designated. Hie 
mietake ia traceable to the condition of mSusb prior to the Order 
of October, 1648» when the Oeneral Coort aat together in one 
chamber, and also to the proriaion in tiiat Order making the Seo- 
letarjr^a Record of the lawa and orden the authoritative copy. 

I fail to find in anj of Mr. Upham'a citationa from the Recorda 
of the GoTwnor and Company of the MassachuaettB Bay, or elae- 
tHiere, anything which conclnaiTcly aubstanttatea hia theory that 
the original of the printed Volume III. ia the ^book of copiea of 
lecofda.** It ia, at leaat» aa probaUe, it aeema to me, that the book 
of lecofda which Lieutenant Torroy completed waa anch. a book 
aa waa oontemplated in the Order of October, 1648, aa that it 
waa the reooid filled in on the Uank pagea to which Mr. Upham 



Ire objection, it aeemi to me, to the theory that Vol- 
i book of copiea of the lawa, eie^ ia its utter failuie to 
answer to the deacription of the record ot engrossed orders,— that 
ia, completed acta of legisktion formally and deliberately read on 
the last day of the session under the Order of 1644— or to the 
copy of the record of laws, acts, and orders for the reo<nding of 
whidi, l^ the Order of October, 1648, the Seoretaiy waa allowed 
a whok month after the end (rf the aession, and for the tnmscrip- 
tion of which the Cleik waa thereafter allowed another month. 
How ia it possible that in the ample time granted him the Secre- 
tary could fail to aeparate the lawa and orders concurrently passed 
bj both blanches, from the vast variety of trivial or incidental pro- 
e eedings with which the pagea of Volume III. are crowded ? That 
a book ezdMively act tiiui for the record ot ordinancea oaief ully 
eilled from the fika and aeeurely kept together until the ckise of the 
then read before the iHmle assembly, and not recorded 
tii^ had received the fiiwl aasent of tiie legishituro, 



IM.] 



joflor DULvm OF tobs. 



16T 



I 



> 



could suddenly degenerate into a jumble of legislative deiaila, 

af^pointments, and reports of committeea, dectiona of officeta, 

motiona, petitions, amendmenta, and all sorts of interlocutocy pro* 

oeedinga, aeems incrediUe even with the most liberal allowance 

for the prevalent crudeness of legislative methoda and practicea, 

and the immethodical haUta of clerka. It doea not seem possible 

that the Legislature would have tolerated a diaregard of the 

undoubted intention of its clearly expressed mandate, and aubmit 

to auoh illegal waste of time and labor and such confusion of 

important with unimportant things. Above all, how can it be 

believed that eveiy entry in Volume III. was, at the close of the 

session, sdemnly propounded for the assenting voice of the whole 

Genersl Couii I 

Veiy truly yours, 

A. C. GOQDBLL^ Jb. 

Mr. Hbnbt H. Edb8 read the following paper on— 

JOHN DAVI8 OF YORK 

AND HIS 

THANKSGIVING PBOCLAIf ATION OF 1681. 

Whhjb aearohing recentiy among my pikers tat another docu- 
ment, I came upon a small aheet H X 6f inchca in aise, which 
proved to be an original Proclamation of Thanksgiving, issued on 
the seventh of December, 1681, by the Deputy-President ot tiie 
Province ot Maine. The text of thia State Paper, which I have 
brought hero for your inspection, is aa f oUowa : — 

Provence of liayne hi New England ye 7tii of DecembF 

Yoo, * an of us being sensible; of ye goodness of ye Lord hi Bcmem- 
bering Herey, to wards his People hi ye WiMerness \n the midst of 
Jodgment, wdi we have had Experience of, since hi ye tioM of ye htte 
Drought, be did gratioosly indaine his Ear« to ye Phtyrs of his Ptopls, 
hi sending downs seasonable Showers of Blessings from Heaven, so aa 
yt the Harvlst tiiis years, hatii not wholly failed, aa once was Caase to 
'fearo itt m^ht have done being alssos sensible of ye devhM favoar aa 
yett Continued to us Ui Respect of onr liberties, both Sivill, * Sacred, 
* ye Pablick Peace, & Health, wch God batii ye Last yeares Ussssd ye 
Land wlti^ A yt Thaakf aUnftm for sneh Invataablet Msvoiea Is ye way 
atflltos^Joy 



168 



<■> oouxnjjit sociBrr <nr maiwa<jih<sm'j>. 



P 



By AdrlM of jt Honerod Bretldeoft 

of this Fkoreaea 

Idoeappolnt jtflilof thit instant Honnth Deoembr to bt observsclf 

m n daj of pnUiek TlisnlcigiTeingy throoglioat this PiroTsnos, & doe 

hsral»7 pcobibitt sll senrUl Lsbore ons js sd dsj, Exiiortittg all both 

IDaistcrs, * FtoplSt sollsnly to Flmji Jt Lofd, for these grentt thingSt 

w«h he hiOh henther Id done foris. 

Jonv Datis Depijf pi^fiU.^ 

FftQing to find nnj reoognitioii of this pepor in Dr. Lore's Fast 
and ThsnksgiTing Dajs of New England, or any leferenoe in print 
to this official aet of the Prorincial ExecntiTe, I submitted n oopy 
of the Proelamation to the Hon. Joseph Williamson, one of the 
h^jfliesi living authorities on matters pertaining to the history of 
Uaino. In due time I received from Mr. Williamson the following 
stiftement:^ 

**An ezandnatkm of all the historical works bearing apon Maine 
hhtoiy dnring the sdminlstrathMi of President Danforth, and his Depaty« 
John Davis of York« satisaes me that the interesting Thanksgiving 
nodamatkm of IMI has never appeared hi print Althoogh every 
snbfeet of pablle interest, foUowing the usage and ezanple of Massa- 
BasM nader the cognisaace of these magistrates, and the ooart 
which they pfssided,' I do not And any aUnsiott to thli official 



1 TUt Hat It whoOj hi the hsndwriUngof John DsTii. 

• ThsloDofwhigeitnetfroailhsTorkConrtBeootdsifef iatsrast in thli 



Aft a OtMttn kwmmWj 



hosHM si Torkt Jane tStkt ISSt: As oHer of tbs 
AsraiBj m thidy, Mag tks twoad ^ sfMr th« MteliBg 



HMsgtksllMi*: p VlmM^ m wH m ths 4sty of Clrm MagKnlw. to Iscowga 

lOstatraf ft wonlrfp aiiSer j« Jmi iieCios, wbidi bf feotoa of tko shtMeo •( tbo 

ofthlilVofrfacfs4ywiiwilseMillholiisirttwfcabkrtloM,y»|g 

%m tho kaoirleil|( of t l w i, 

il b j«foto oHtisi hf j« Pw iMoot ft CommIB, that apon j* twoad 4aj of tho 

il UJi Oiairin Ownt AaaaaWy aot oao oif y* Bfiifad BMow or Miaittara 

tosiaadi a MtaMNi to j* Qoaeiall Ooarl^ %m tka Wtior p w aio toi af of aa 

fca OiinTOiat ft MJaittow ft thaHF CWB traawertnag aay ho 

If tka void aa4 pnjar, tka Aaaal dMjM to bo auido bf tka PiwMeal. or la 

of frfBMtoboanaMaaUf Mfpljd ft doao bf tbo Pep aty PniJiiat ft CoaaeHl, 

flS: SS : Mb Daaaatr Via Boarfaalad fv 7« Bosi jaaia ISSS." 

■PHMnnniMUBd by Mr. Klhsnid Jenas Harridi, of Alfred, 
Is ths Msw TSftlsBi Mrtoriasl snd OiBslogiBil Wigiilii lor Jsansiy, 













J 



I 








->. 









c y 















/ 



■ :> 



• •^/s'. j^"* ' 



ir.? 



: * ! Al, 8'Jf;Jjn^' OF 51AS8.\ C 1 1'v • IT 1 < 



[J \K. 



♦ . - 



By AiUifHs of ye Il{»n4rci I\-«si<I(M»t 
of this Prf»vc?KC 

* • . , .t vt' 21st f'f ihift itmUiit Mom:tii I)i'cci4il»i 1«) ^i<J •)^*' * ». 

.f > •• ij^Mtt i*!l '•..'•.i!! L?il»'»n» .»;i»* Vi'. nd <l.iy, ExIi'Mtiji'; nil • '. i 
^» ". > ,St ]V'-»ptr, r'.»l|c.,)ly I » IVt - yt; L'>ril, for lliosc t;iofttl tlr. l - 

* .' '■ >'.:!. brui'irr to *ii»a»* f»' i* 

•luiiH I'^AVis i>'7.'y prffnl} 

! '» i^c; to tin'l .vir rv. .^-i ' \\\ »f i*>is jMji.^r in Or. Lovc*« Ki>t 
.1 i 'it!;»uks^uin'^ iJ'.x- . / '•' • i.'\'!.i!.«l, or .my rofoivuiio in print 

* • t..!-* ohrlal ;v r tf •'.. !* ■ i u KKfUtivo. I bubiuiMiicl a copy 
•f :l'e I*n»jl.»fiMv :« *\> • « -r«.i .1 >«• ;»h Williarnsf'iu oiio of Liio 
'i :lnr<t livirij- ,i •■•i ,• - «.!i ';m '. "^ ;' 'r* i!r;I»itj to llio Iiist4>ry (rf 
Maine. In 'Vir > .•> J ;.,**!\»(i j;. :, 'Ir \\'ii':.ti;i-.i!i ilio I'ollowin^ 
-taieuipnt : — 

•'An c.\.:n.!«r«li -n of '<U I .C iM»«-<»r'* t\ «\-'«l.-i 1». j" * ivm ^f;^Mle 
M>t'>ry OuriiiK t?». i'lm;rub»r;il«fu d^ Vv,-.* W\i !>.»..' r :' , ■-!• . ' .* i . r »■ 
John Davi^ of Ynr-c, •irH'li^j •>♦•* * ''i*. »'. );''•";* ' . •« 
I'f {UiTTiAMoa of Mis! If.iH M '.v.^r fi';»f>K.M i'l i-: » * '' . « • . ' v 
^aljcct oi jMiMic 'nl» ri'»t, foIl'»nii.;: ':.«* i >. i • hjmI i ■ v-n ■ ■' '•} . •».;- 
rHK^-tU, camo unih'r ti»(! o>iri»izaiH i* t>i t!u •;•' 'tujiis*. i •>,, ii;.<i tin-. I'laiil 
•'-' «'iu*h llicy prt'silc'U' I ilo ii'»t linj fiuy :ill'.s!.»u t> this ollicial 



'" .• \A i*K (I'v in tho Ijandwiitiri^'of John Davis. 

« fiii^ »"*/r*ift fr.wn tlic York C'jiirt R»?(onU w of i;.:-.'-.* 



■• . i\ :• 






a V 

^f r. I 

Thi* cil -" ^ J 



• r «• I'*^*** }..•.■ « ... 

I '^ .N"^ Atj'.'i i. ' *. • • • 

, . - I. •'•;«».• ."• „ / ♦ 

• ■ . *.. ' * * , 



■ . . ' c •'(' nil 

. •<!i| <rr '^r in 
1 1 \ ('>in>icii'., 



■ , '••'-;»• n- k, of Alfn-.l, 

«; • ill ii*^>^t'r tor Jann.iiy, 






^ 



./fer>^ • ' :^.^■•■ 



8 






1 















/•'if ^^•^r^iBi'i 



Jea;^9&' * 



'^i^ 






.ft 












lilJUijSe^ 



h^i/jt'^'/ 











, ..< ^ 









laM.] 



JOHK DULVn OF TOBX. 



169 



paper.* • • • I regret that to little ooooemlag Depa^Preeldeiit DeTie, 
whoisiQeditiCuibefoand.'" Mr. Williamson edded tbel ** tbe Crorgee 
Charter ia broad ODoagh to aatlioriie aucb a ProeUmatkHi • • • and to 
enforce ita obaerranoe." 



1974, zzrilL M. An ezamination of Mr. Bazter't wpj of the Terk Coert 
Baoords failed to rerMd this entrj. It ehoeld be notdl, howefw, that the 
leek of ehronological Mqnaoca In the eotriae In thate Raoorde mej eeeoont for 
the inel^lify of my oo n re ip o n dent to teenre m eiUUoo of the volume and pege 
whero tlm Order appean. 

The fiiet printed broadside of a Thanksghring PiroeUmation In Hsmsehn 
setts appeared In Jnne^ 1670. The only known eopj Is In the Library of the 
Maataehosetts Hiatorioal Society. It wee reprodeoed by Dr. Lore In hb Feit 
and ThanksglTing Days of New England (facing p. 200). 

A The Ber. Heniy OUs Thayer, who made for n^ mors than ens eiamina- 
tUm of Mr. Baxter*s Indeied eopy of the York Conrt Reeords (10M-16M), 
eould diioofer no reference whaterer to the ProcUmation In the text, or to the 
erent to which It relates, bnt he found the following Orders for the Isms of 
two other ProdamatkMis, —one for a Fast, ths other for a Day of Thanksghi* 
ing — both during the administration of John Darls, to whoss Ininsnce ei 
gestioB It Is not Improbabls that thsss State Fapsrs owe thsir origin t — 



'*OoBfider{ag the nuMy tnwMimg pt o rlik nem of god w^ daly 

ai tignaU tokeat of goda gnat dhptoai ui e the eeitfln ae tf t cti of e^iiat y* hare taraed 

MeMBikeialofro^i— aponaa— fordivertbgW/of ft lor /• obtayaefa^ of hto wonted 

UadaoM U It bee hb bband Wm Iti y«fore oidertd by tbb Coait y» bee a day of 

SoOeaie hamilbtbo keept throaghoot y« Proriace apoa tbe 8d Weddeaedey beb^r the 

eighteeatb day of May next laMwiag w^ all Mbittefe ft inch who baie y« Lord an 

leqairad to ohoerTe, ft all other p^/ioai aro pfohibited froai dolag any Merrib bbonr 

upon that day ai tb^ wiU avoyd the Goeits dttplesfera** (Ooeit of llcss hiU et 

Ycfk, • April IMl, If . 14). 

IL 

"Day of thaakf girciag 
W*/«i thb Coert b lafonaed that the life of hb Majeaty hath been b gnat ITamrd 
made by mom dlmffected p'tone agaiaiit hb Majeotyt Rorall penea and IHgaity — >and 
eome other addJUenall faa**; of prbOedget and peaee yet OonthMd to m. 

Tbete thiagi Ovaidertd, thb Coart Jadgeth SMOto to appojnt a aoUeaM di^ ef 
thaakei^i^ th t o u ghoa t the pro^rlaee to bee keept by all hb Ifajei^ good sabbeti^ 
the lababHaati y*/of apon the bat Weddeaeday of thb lartaat October, who art henl^ 
plriUted froai all aerrib bboar e«y*dayii*btobeeeit apart and Denoetod wheOy 
to nader piayMe aato god lor hb gnat goodaaa ft a i eicje towards as tb i nl a. " 
(Ooert of Sttoieao held at Welb» f Octobto, ISSS, b. flt7, Sta.) 

In eonaeetkm with thb Proolamatloa we ind the foUowfag entiy, which 



• A fery brbf sketch of DsTb, tiling bss than a doaen Hns% b k WIBbm 
Dukee WlUbmson'e Hbtoiy ef the State ef MabM^ L #71. 



m 



THB OOfUOmAL flOOUBTT Of MABtAOUUSBm. 



[Jam. 



FerdinAndo OorgM and John Mason obtained from 
the Plymouth Compan j a gmnt of all the tenitoij between the 
lleniouM and Kennebec riven.* The following jear they planted 
a (Moaj which oecapied both sidea of the Piacataqna; and 
in 1680 the town of York— at first called Agamentums* and 
later Goigeana— was ftmnded.* In 1680, after the sanender of 
ttm Pljmonth Charter to Charies In Ooiges secoied a confirmation 
of his gmnli with more ample powemof goyemment than had ever 
bafen been confened upon a subject The name which the State 
Mw bean fint appealed in this Charter,* idiich reqoired its 

adoption. 
The goremment of Oorges, which was bat little less than an 



tht 



tht poidMlitf of •OM pabHe feeling of diifam wUA 
el tUf pabtte ThMktgifiag lor aearlj a ymt. 

" Ae Older aboai e dej eC 

i0fMdei efoa MeM aetwe CoerideffBtioae fe Bov hj 7« Coett deteislMd to be keepi 
k Terke. Kittetj 4 Welb efoa the ifit We i J wri i j fa Sepy** aert iMwrhif •ww4> 
% to the finMr eider.* (Cent el 8 i« t p»i held efcWelKlO K of ea b e t, nm,Hr.sg>.) 

I MB iadebted to Mr. Jsmet Pbinaey Baxter lor permleiioa to eoneaU this 
valMble nairaeeriptv sod throogfaout thif peper mjeUaOoae ItjrTolaMi tad 
l^e frMi theee Beoordi are frooi llr. Bazter*e eopj. 

The Fifth TdaM of York Deede, FlMt n. of wUA !■ detoled to a tfaii> 
script of a later portioa of the Govt Beoordi el the Ffeofinee, eoataiai the 
leDoviiif entrke whkh are of preeeat intereet : — 

At s Govt el Fleei» held at Torii , 35 Fehnuwy, ItOO-Cl, — the laet Coaii 
wUeh Jbha Oarii it knoim to hsre attended at Depotj.PMildeiit, -- 

• A Der «< r«Ulcfc hMitletloa epfeieted le he kc|it the tUri WedMidegr to Mecca 
4 dl ewOi hheer ie forUddeo ea theft Da/ * (^ t). 

At sCoaiieffliMloai,hehi at York, a Oetober^iaai, shortly after Pafii^ 



'lib 



I thol fth«e he a Dqr ef rahHch IheiBk^ShHtog hc|it ea the ail B^r el 
1 4 dl ewOi Weike ea thalDqr ie heiehy fMhMled " (p^ It). 

1 Mfrej*imitof7olHewEiigtoiid,LfOS,IS7,fielt,400»iief»,aBd40t,fie<e. 

• 8ee the fMtkHi ef Edward Godfrey, the foaader ef Yorii. to the Geaeral 
Gbari ef Ifiwiiihiiritti. ia IliMiuhamNi Aiehirea, UL fSS. The doeaawat 
li aot dated, bat the Order thweoa, elgaed hf Bdward Bavieoa, bean data 

^n DDiiirr tri " 

• Theltflltitef thtodoiaiiaHila Balttfaali Htoloryef the Dtotriot ef 
pp. ai7-40e^ and Bamid^ Btala Avenb L 441. QT. Fhlfnj^ lUitocy 

LIMiailfl. 



18M.] 



JOHV DAvia or yobx. 



171 



absolute sorereigntji continued till 22 Norember, 1662, when 
Massachusetts assumed jurisdiction orer the Prorince. On 6 llay, 
1677» Oorges*s heiis, for X1250, sold all their rights to the Got- 
emor and Companj of the Mamachusetts Baj, who thus became 
Lord Proprietor of Maine.' Tlie queadon at once arose — How 
shall the Province be goremed? The answer was obriouss It 
must not be goremed as a constituent part of Massachusetts, 
bat according to the pcoyisions of the Omges Charter* 

** It was determined, therefore, bj the General Court, in February, 
1679-W, to assame the rojal charter granted to Sir Ferdinaodo Gorges; 
aod fai confonnitj with its provisioos, to fraoie a ciril administration 
over the Province. For this purpose, the general oversight and direc- 
tion of its affairs were, bj a legislative ordinance, conaiitted to the 
Governor and Board of Coloaj Assistants. The government thej ee- 
tablisbed, was this — to have a Provineiai Pmideni^ chosen l^ them 
from year to jear, and two legisUitive branches;— the upper one was to 
be a Standing CknmcU of eight members, and tbs other to be a popular 
delegation, consisting of dqnUim chosen l^ towns as in Massa ch us e tts* 
The Council, who were to be appointed l^ the Board of Assistaats, and 
continue in ofllloe during their pleasors, were to be the }odgss of a 
Supreme Court, and magistrates through the Province* The legisla- 
tive bod/ was to meet at least once hi every jear. . . • The piovhwial 
charter itself wss generally acknowledged to be ezcdlent;— eontaiabig 
more prlvHegee, and less restrictions, than any othsr of shnttar charsetsr, 
which had recsived tiie royal signatnrs." * 

Under the new r^me, the f reehcdden of the Province met at 
York, on the seventeenth of March, 1679-80,* when proclamation 
was made of the action of the Governor and Assistants of the 
Massachusetts Bay, — among other things, of the appointment of 
Thomas Danforth as President* Warrants were issued for the 



> Fklffefe Hietory of New Eagtead« ili. SIS and aeMe, iaa-408 and 
• Winiaaeon'e Hietory of tiie State of Mahie, I. 668^ M2. 
< York Cottrt Beooide, Ut ass. (y. York Deede, ili. (P»t^) •• m» i. 
« Ueeeaehaeetto Colony Beooide, i. S8S; York Court Boooidi* Itt. SSS. 
Danfbrtii held tiM oAoe aatU tiM arriTal of tiM Seeood Charter, hi leaS* eteept 

daring the adndnietratione of Dadley and Androe. For notioee of TbonMM 
Danforth, eee New England Hietorieal and Geneakigieal Bagister lor ISSS, vtt. 

Sia-S21 ; WmiaBMoa'e Hietory ef tiM State of MehM^ i. STS; Falfirefe Hie- 
toryof KewEagbndtiLSU; ili. psiite; and Paige^ Hlitofy of Cambrl4fi^ 

p.SSOi 



178 



THB OOLOXIAL BOdBTT OV MAiAAOHUOBRa. 



CJA!C 



ehoioe of depatiM to the €(eiienil Attemblj which eonTeaed al 
York on the thirtieth of Mftroh.1 Major Biyaa PencUetoii was the 
fiiBl Depoty-Pretidenti and aa aacht and in the same jear« he signed 
a petitioii to the King **for aid in rebuilding the towns wasted and 
desolate " in eonsequence of the late Indian War. Pendleton was 
also senior member of the Standing Council fifst appointed^* and 
held both offices at the time of his death in 168L* 



John Daviaof Tork^alsoa member of tlie first Standing Council* 
and a member of that Board until his deatht succeeded Pendleton 
in the Deputy-Presidencj; and Williamson says that thoj appear 
to have been the onlj incumbents of this office/ whicht bj reason 
of Danforth^s residence in Cambridge* became one of much impor- 
tsnoe. Daris held it, probaUj, until his death, in 1691, and cer- 
lainlj until the twenty-fifth of February, 160(^1* except during 
the time when Dudl^ and Andros ruled New England. Captain 
Frsads Hooke also held the office of Deputy-President for a short 
time, as I shall presently show, but how soon after 26 Februaiy, 
16SNM1 his term began does not appear.* 

> York CcNort Reeordi, ttL SSI. 

• WUttsoMoa't History of Um State of Mslne, i. 66S. 

• Wd. L 6SS» 6S4, ess. Hit wiU« dated at FbrtoinoaCli, New Hampehlra, 
S Aagwl, len, waa piovad S April, 1S81. (Maine WU]% pp. 6S-S1 ; and York 

▼. (FlMt I.) S). 
UieaewioaefaetUMitaiaioi^lVndlelonwaa tbe flrH Ineambent of thia 

preOded at the Coiirta held at Kittery, in April, and at 
WcUa. in Jnae, ISSO (York Coenrt Reeorde, It. M, 203), Davie b doeignated 
as Depa^P^eeident in the Liet of pereone « cboeen a Depnted " bjT the author- 
iHee of the Baj to conetitato the « Coart k Conneell " whieh were to administer 
the fto i ln ee darfaif the iret year. Psndletoa^s name foUows that of Daria,— 

iber of the Steading CooneiL TheRaeordproeeeds:— 

... are CewiistloaanJ lor the yeaie lamwlBf aattn 

by ihsm chsna 4 swovae la thers roams 4 iilea4 who liave all laksa y* oaths 

leysimss^4ibsiroallMasMaasstfBCss4ilaslFofthepsa: bsforeUie 

hswas Haeliilk, pwS*." (Tetk Cowt BeesrSi^ nwlsr dais of 17 Maveh 

iMw was aeeiBii w we uepn^^nesiQeB^ a* a eeeoiM eMouoQ a* lors, 
hddlS/«M,lSSU (lltf.ttl.St7.) 

« WiMliBiinali Hklory of the State of MahM, L SSS^ iisl«, e71. 

• K ea hw edaliada w see id of Hookahs appointawnt or ele ct i on to this oiBee, 
Wl ttat ha held It then saa ba aa doabt Sea Taik Daedi^ t. (DMrt L) 73^ 
dMU.) 11,11. 



iaoa.j 



JOBir DATU or TOBK* 



ITS 



The printed aooounts of John Davis are extremely brief, but I 
have ooUected from various sources the following facts concerning 
hinu His anoestiy, and the datea of his own and his children's 
birth, of his marriage, and of lus death, do not appear. Probablj 
tlie Town and Church Recorda, wliich perished when the town was 
destroyed by the Indians on the twenty-Afth of January, 1891-82,^ 
would have aoj^ied, in part, these deficiencies. Fortunately, 
a Deposition* is preserved in which Davis states his age. It 
is dated 80 May, 168S. In it he gives testimony oonoeming 
William Hilton, father and son, and the fonner*a leaidenoe in 
York, and describes himself as ^Majo^ John Daness, aged 70 yean» 
or /abouts.** This fixes the date of .his birth as hi the nei^ibor- 
hood of 1618. 

Savage locates John Davis at York as eariy as 1650, but, 
apparently, knows noUiing of his antecedents. I have recently 
found a document which may throw some light upon this question. 
In 1670, John Davis and Samuel Saywaid, both of York, executed 
an instrument* under their appointment, 6 April, 1675, by John 
Knowltcm of Ipswich, to sell hb house in York. In Felt*s History 
of Ipswich (pp. 11, 12) the names of John Davia and John Knowlton 
appear, in 1080, in the List of First Settlers. John Knowlton*s 
will,* made 29 November, 1658, proved 28 March, 1654, mentiona, 
among others, his brother William and son John. The name of 
the son John, who gave the Power of Attorney,* appears in the 
List of men impressed for the Narmgansett expedition, 80 Novem- 
ber, 1675.* He was admitted a Freeman IS October, 1680, at 

« Belknai^s History of New Hampshire (editioa el 17SI), I. Se4; aad 
1 MassaehnsetU Historical CoUeetlons, m. $. 

• York Deeds, UL 138. 

• York Deeds, iU. 60,— two lastrmnents. KnowUoa*! Power of Attoraey 
to Daris and flayward, In the form of a personal letter, Is reoofded (IhU.) with 
thb Instmment It Is hlstoriealtjr Interesting, and reteab his whilom parpose 
to ramoTO from fpswieh to York and lU subseqoent ahandonmenti and the 
f aet that he had bnflt a hoQse In York oa land girea him 1>3r his mvoh rsspeeted 

friend Captain John Davis ••▼pon mf eettleing there.'' Be adds, «w« Cap^ 
Daress hie Aoeopi Cometh to I parpoee to glne In w* Ase ssaMS Is llli rswa,**— 

i, a. Ipswieh. C/» jmsi; p. 174. 

« Ipswich Comi Reeoids, L 1S8 (original)) I. HO, Itl (oopy). ThsiS 
Seoords are hi the Essex Reglstrj of Deeds, at 8alenu 

• Nt'a Hbtofy of Ipswieh, Eisei, aad EamlltoB, p. m. 



174 



THB OOLQXIAL SUCUBTf OF XA88ACHU8ETT8. 



[JAsr. 



wUeh time ha wm liTing in Wenham ; * and tlie Iptwioh Town 
Beooidt give the date of hk death aa 8 October, 1684.* 

The diacorefj of thia instmment led me to make a penonal 
eiaminatkm of the mannacript Records of the Town of Ipswich, 
which show that John Davia and John Knowlton (Senior) were 
Commonen in Ipswich on «* the hwt daj of the hwt month ; 1641 ^ 
(p. 99); that John DaTia kept the oow herd on the North aide of 
the riverain 1648 and 1648 (pp. 100, 101, 107, 108) ; and that in 
Decembei^ 1648, he and John Knowlton were among the snb> 
aeribeia to the annual stipend to be given to Major Daniel Denison 
«« while he eontinaed to be our Leader** (pp. 149, 160). Aboat 
the same time (8 Febmaij, 1617-48) «* John Davia of Jnbaqne* 
within the bounds of Ipswich," shoemaker, for X4.16.00, sold to 
Daniel Rindge of Ipswich, fisherman, a six-acre lot at Heartbreak 
Hill in Ipawich, bounded : westerly bf land of William Knowlton,— 
the imde of John Knowlton (Junior); easterly by land of Humphrey 
Giiflfai and the widow Woode; northeriy by land of Simon 
Thompson; and the lower or Sonth end by the *«hi£^waye leading 
from kbor in vain bridge to the tonne of Ipswich.*** Under date 



Coloiiy1leeor^,T.a40; and Ktw Esglaod HiflorictlMMi 
Gcaetloskd Icgiiter lor lS4t, iiL S4e. 

• n* Etoez Ptobflte Filw (No. lS,€76)coatsiii •« An iBTcntofyoC thsMtate 
ol Jn*Kaonlton of Ipowieh: deoetwd Oetob^aUi SI," which fooU £lS.OSJt 
Md n Lkt of Debts doo from the oiUto Mnonating to £101.184)0^ which Inehkks 
thb item : •«good wife Davit ia-OCOa" 

* The perish of Chebecco (now the town of Emei) It here referred to. 

« Ipiwidi Govt Beoorde (i" E^^z R^ietiy of Deede), L 00 (original) ; 
I iaO-193 (copy). Ko wife Joint In thit deed, which it tigned by a merlL 
Theio It a brief notice of D^rk in the IIsmBMtt Flqiert (1854), ^ TQ^ bnl 
nemnatt sfipeaft to here known nothing of hit aatecedentt or of hit career 
after laia. 

Theiw it alto ia the Iptwlch Court Record (L 1^ 1^« original; L 461- 
Mt copsr) another deed, dated 10 April, 1«5^ from John Darit of Ipewich, 
wheee oecnpation ie not me nt ioned, "with the concent of my wife,** Alice, who 
alM Joim, la Daniel BIndge of tUrty-ifo aeret of tend. In two paieelt, wHh 
the bnildin0i thereon. In IpewidL Both of these granton tlgn Vf n marir. 
Tide vbhn Dairit, donhtlte% wae identical with the grantor In the deed of 
e Pehfwaiy, 1817-48, bwt I hcHere timS the eonfojance of 1858 wat made 
after Dmii had tafctniqp hit idwde fai Toric It it by no meaae fanprobable 
thai ha kfl hit wife fai Ijpewich antfl he eoidd esiabliih himtdf in hit new 
thaliibosi the thaseCthssslseCthliprapivtyto Bladp thi had 



1888.] 



jomr DATiB or tobk. 



175 



of ao December, 164S, I found fai the Town Beoofda the foUofwii^ 
mandates — 

««It Is otdered that Mr. Flnaan and Thot Soott, the fete Co nrt a M ss» 
shaU forthwith pay to Jo: Daris ttija for goelBg wUh the Dspaty 
(Jorsmr > to Cape Aim -0-4-0''(p.l06). 

The kat rsference that I found ia in the foUowing entqrt — 

^ 88th of the 10th ih 61. 
John Daris Is granted to have halfe an acre of ground adjoyning to 
his own Land, In eonaideration of the highway leading to Chsbacoo kid 
out through hia Land" (p. 169). 



Neither John Daria nor his faroily^if he had any during hia 
leaidence in Ipswich — appears in the Tital racocda of the Town 
by so much aa a aingle entry. 

In leaa than twelve months after the permanent diai^pearance 
of John Dayis's name from the Ipswich Town Records we find a 
man of the same name taking the oath of a Freeman of the Massa- 
chusetts Bay Colony at Agamenticua,*— on the twenty^eoond of 



Joined her hotband. That Capt John Darit of Torlc wnt In the habit of 
vititing Ipewieh, there would teem to be no doubt (Cf, celt p. 178, at* 8.) 
I find no other conTcjancet by John Davit of Ipewidi, in either the Ipewieh 
Court Recordt. the old Norfolk Reeordt, or the Etees Deedt. 

> John Eodioott. Whilearetidentof Ipewieh, John Darit, at wahsTo teen, 
U?ed at Chebaeco and heldland north of the riter, at Heartbreak HiU from 
the tammit of which, on a dear day, amy be teen the top of lloant Aga- 
mentioat. Oar aatoeiate, Mr. Abner C. Goodell, Jr., calle my attention to 
the fact that from thit neighborhood it it pottible to proceed to Gloncnter 
(Cape Ann) by way of Annlaqnam, and that, in all proUblUty, Endicott took 
thit ronte. In 1843, when accompanied by Darit, inttead of going by way el 
cape Ann tide (i.e. Bemly and Manchetter) ahmg there aU the way. 

• A compariton of the Liet of eariy inhabitantt of Ipewieh In Felt*t nittocy 
of the Town (pp. 10-18) with the Utto of Freemen twom at Agamenticnt, 
Wellt, 8aeo and Cape Fdrpoite, in 1883 and 1868, revwUt the fact that the 
nametof John Baker, John Darit, Jbteph Emenon, John Saandert, and John 
Wett appear in both, and tnggeeU the probability that theee men, or their tone 
of the eaoM namet, removed permanently— or temporarily, at did John 
Knowlton— from Iptwioh to the Phyfince of Ualne. Emerton, wa know, wae 
in WeDt at eariy at 4 Jnly, 1888, and minitter of the Flnt Charoh fai Wells 
from 1884 tin 1887 ; sad Felt tajt that he prtadied hi York 1818 and 1888* 
(IfaMachaeetH Colony Recordt, ir. (Fwt L) 188, 188* 188, 184, (Fwt U.) 
84| Boan^s Hktoiy «C WaDs and Ksoaebaak, UafaMi pp. 8M88^ 104| aad 



176 



THX OQLOXIAL aOOIETT OF MA88ACHU8Bm. 



P 



18QS.] 



JOHN DAVIS OF TOBK. 



177 



Koftmber, 1658. At the Mine tame ilia oath wns taken bj another 



Fen** Eccteritttkal Hktoiy of Ktw EngUnd, I 548; iL 118, 890, 888. 8m 
alM K«w E^lM^ Hi>tiNied Md GeiMdogied RegittM- for 1840« n^ 188; and 
8ATi«o't GoMdogieal PielioMry of Ktw £aglMd» L 88; iL 18, 118; liL 814; 
Ir. SQ^ SI, 487, 488.) 

no York CoMi Baeordt (L 187, 188) show that Mm Dafit witimaed a 
doed of IomI from John Lander and Jolui BilUn of « Ptecataqoaek,'* to JoMph 
IfiUm, 28 Febraaiy, 1838-40; and 0* 180) that certain daimt of Francis 
Champcmoinio. John Tomaonandof John Tomsoa v. Thomas Wither^ lor £40 
and ISO, re^eetifdij, were lelerred to Nicholas Shapleigli, William IlUton, 
John Aleock and John Daris, as arbitrator^ 35 October, 185a John Davis 
alto witaemed a deed from George Cleaves and Biehard Tucker of Casoo Bi^ 
In John Uosss «nov of PIscataq BiTer,**8 April, 1848 (York Deeds,L (PM L) 
188). These entries indicate that Davis was at York before settling at Ipswich, 
and that he tetamed, temporarilj, to York before making it his permanent 
place of abode aboat 1852. The second entry alM shows that ths friendship 
between Daris and Champemown, which ended onlj with the tatter's death, 
aitended over nearly forty jears. Cf. jpsef; p. 183. 

no Index of Tolames I.-IX. of the First Series of the CoUectioBS of the 
Maine Historical Societj (p. 72) erroneoasly calls the Drpntj*President son of 
Isaac Divia of Stroadwater (Falmoath, now Deering), Maine, whoee ddest son 
John, bom in 1880; was living, with his yonnger brother Samnel, in Gloacester, 
Jilanachnwtts,ia 1788 (1 CoDectioas of the Ilahio Uistorical Society, i. (editioa 
af 188^ 808; aad Babson's History of the Town of Gloaceeter, C^ Ann, 
fu255). Babeon,lnanotherptoee(/Mf. p.888),says:— 
«IBl7IS,aJ^haDiri■,wlthhis wiliaBd tuMf,/fmt Ifmrnek, wtvnA kilo Iowa. 
Bsmsy hate Wea the peiMa cf the sosm aaaM, mm iftmmeifFtAmmA, who, hi 1784, 
was Hviag hi G l oacst t a r, aboat ssveaty-foar yean old PMOce bora in IMO] ; aad the 
*«M Sir. Joha Ihivii' of Sawly B^, who^ in 1748 aad lor stvecal prteodiag jmn, rs- 
f fooi the towa.** 



Baboon also rsfers (pw 75) to a John Davis of an earlier generatkm who 
«boaght of Biehanl ^Vlndow, in 1858, his hoase, bam, orchard and hwd . • • 
[aad] after a res i deac e of several years la town • • • res isos d Is /jMMdL" 
Wneacs he eame. Ba b oon does not record. 

It wiB be lemembersd, that the aames of Davis, Kaowltoa, aad Sargent, aU 
^ wUeh are foaad early in the Coanty of York, were early nam es at C^ie 
Ann as well as hi Ipswich, and thatoa the back side of the C^ie the Ipswich 
and Gloaoester (Sqaam aad Sam|y Bay) familise were neighbors; the proba- 
hOtty el kineUp, therefore, is very strong. As stated in the teat, John Davis 
^ Ipswich attended the Dspaty-Govemor to Cape Ann, fai. 1842, bat on what 
hariasM ths rssoid IsUs to show. Thai thsrs was some oonnectkm between 
the Davis famiiss af ^swish, Cleamtir, York aad Fahaoath thsrs caa bo 
■a daab|| hat prseiss|y what II was caa ba detenaiaod, probably, oaty by a 
aBa t iea af many aviglaal pablis reeords la aevaral of the towas aad 
el Maiat aad Ifasoaehaostts. f^ Snffolk Coarl Fllso (1788-178Q» 
8M9t S7tlii^ 8M«2, 88^817, 80^ aad 74,888, 



! 



John DaTie,* and by Nieholaa Daria,* lomerij of Chaileetownt 
who waa afterward, and to many yearsi oloeely and eonstantly 

> This man is not known to have been of kin to the Ezecntive; and his sgs 
forbids ths assamptlon thai ha was his son. I bslisvs that ha was Identical 
with John Davis of Saco, aad that he rseided, at dillsroat times, in Saoo, 
Agamenticas and Cape Porpoise, and in Portsmoath, New Hampshirs. In this 
view I appear to be conftrmed by Mr. James Fhinney Baxter,— in his note on 
John Davis of Saco^on page 828 of The Trelawney Papers, where he statss thai 
John of Saco was admitted Freeman In 1892. If that be trae, he most have 
been then resident at York aad have beea admitted simnltaneoasly with the 
f atnre Depaty^Presidsnt of the Province, as only two persons of that name 
were admitted to dtiaonship at that time or bsfbre 1888. Baxter, qaoting 
Folsom, believee John Davis of Saoo to have been a smith, becaass el a eon- 
temporary reference to a forge bekmging to bias. Confirmation of this belief 
and of my own opinion as to the identity of John Davis of Saoo and the second 
John Davis of York is found hi thrse docnmsnU rseordsd with the York 



(i) The first instmment Is a eonv^yanoe 1>y whkh '■John Davis, Sen' lata 
of Capeporpoise [ Amndel, now Kennebonkport], in y* Coanty of York, Bbck- 
emith," for £26.10^ oeOs, <• with y« Consent of Katherine my wife ft my Son 
John Davis," his half of certain marsh lands at Cape F^Mrpoise aad land al 
Batson's Keck. The deed le dated al Portsmoath, 18 Jaaaary, 1875-78. 
(York Deeds, viU. 108, 188.) 
(ii) The second paper is given in fnU, as follows: — 

" March ICPkiSTf: 
wboraas then waisooM troablasUks toarkobotweenMaiorClarfcsft Mr. Rbh- 
wofth, by foo«» of Joha DsaoM tbo Smyths dealjag the Sale of a HtUo FOjat of Land 
en Mr. Ourget Cficko, Whoro the Saw MlUt stsadoth, A vpoa OoBil4oratioa lo Pwaoat 
aay f aithor troablo. Woo tbo S i lnt iia ot the Towa of Tovho. do Coafinao the o4 
PsrcoUof Land toMr.Edw: Biohworth, paidsd j' bee ns firmw Osant •» wy ethos 
Praifoa 

Vera Copia, of this Coafinaatioa Joaa Davcm 

or gnat traascribod A with Bicaa Bavbs 

origlasll CoaqMuntd thii Joan Twtsnav 

It* dsy of Msich 1S9} 
VBnwtRisawoani ACW/* (iltf.itt.l8a) 

(iii) On the thirty-first of March, 1888, a man of this name, styliag Urn- 
self of Portsmoath, New Hampehire, «* smith,*' sold to James PUisted of York, 
who was its Town Clsrk, one of its Seleotmen, and, hi 1701, its Beprsssntativa 
to the General Coarl in Boeton, — 

*ally«Right,tltKorIatoriftIhave,onorhad,«rMfAr to Ampv olthor by Town great, 
ParehaN^ PooMSiioa, by privilsgs of Laadiag place, l^jr Yard or by aay ethos w^rs or 



* See 
Wills, 5^ 8; 
hmd^aiOi 



^Ia8; 

lili.418. 



of 
Geneakigieal 



, L 178; Maine 
ellfowSi^ 



A 



178 



THX OQLOmAL 800IBTr OF MAMAOHUSSm. 



tJAMU 



iMociiiloil with thmt Joim DftTk wbo became the Depoty-Pieeideiii 
of the Prorinoe of Maine. 



r,ToaetftaiB tnet oTkad Ijiag fai Tork sfoni'ia thepbetaOUd 
7* ]C«« Mm owk totwMs r I'U' of 'l^^owM ^«yioa 4 tiM ImmI of M' EdwM^ 
vOTth to it MM OT !«• M Ij «v BMMM Mgr to Mia« to Appaw." {nkLkf.lU,) 

U Um •draowledgmeiit, the gimntor te d«Kribed •• *^ Docter John DtkviB.** 
Tke words wUdi an here Halicised may luiTe been interted in oonte^enot 
«f tke Mtioa of the MeetoMa of Yorl^ 10 Mare^ 1979, qnoled aboire. (/M. 
vL 82, IM; aad Ftorinoe Law% llawaclinMiU, TiL 281.) 

Baxter «Kja (Trelawny Ftepen, p. 8^, fM(e) tliat John Davii of 8aoo li?ed 
sear tke Falk, aad that his naoM ie perpetaated in a brook near by. He was 
d theimyof THala, in 1880^ aad later of the Grand Jury; and in 1858^ he 
had great of a saw miB. Theee facto show the impoeeibility of his having been 
sea of Isaae Darie of Stiondwater, as has been also stated, since John DaTi% 
soael Isaaeof Stroadwater, was not bom nntil 1800. (1 Collections of the 
Maine Histofieal Society, L (edition of 1888) 808.) Cy. on/e, p. 178^ note . 

On the thirleeath of Angost, 1888, John DstIs, aged forty-one years (conse- 
^■ently bom aboat 1837), depoeed, before Bryan PMidfeton, as to his own 
aetioa, parsaant to Psndleton's order, in tlie Saco Meeting-hoose, ** after even* 
lag exereise'' oa the «Sabbath-day night next after Yorke Conrt for the 
Uaasachasetts," ia waming *'the millitary men in oar towne " to assemble ia 
the traiaing-phwe oa the following day to hear and see the orders that had 
eoBM ffoai Bostoa concerning the f ntare gorerament of the Phmnce of Maine, 
aad alM as to ths action of Major WiUiam PbiUips in challenging the authority 
of Major Pendleton who had been appointed to supersede him in oflko. 
(Maseadrasetto ArehlTes, ctL 188-108, where also may be read similar Depo- 
sUkms by Robert Booth aged 88, fUchard Hitchcock aged 80, John Sergeant 
aged "near 86^" and Eoger HiU aged S8,^all sworn to at Saco before 
P en dl et on, 18 Aagnst, 1888 — and other docnmento in this cas^ whidi see.) 
A leag letter eoaeeraiag this eoa iio fe fsj F between the appointeee of the King's 
Ceaimlssleasffs and the aathotitiee of the Bay, written by Bryan Fandleton 
bmm Winter Barber (Saco), SI Angnst, 1888, to Major General* Leteiett, is in 
iMil.«vil88. 

Jbha Bavls of Saeo^ beyoad qacetlon, was a Bum of scandalons His. The 
Tsifc Court Beeordi (L S71), aadsr date of 28 Jane, 1858^ eontafai proceedings 
insalrlagthehoaerefJoha Darie of Winter Harbor (Saeo) and Mary, wife of 
Jeaas Clay (ef. 1 CoUeetione of the Maine Historical Society, L (edition of 
1888) 87S>; aad 88 Jaa^ 1802, having been elected a Deputy to the General 
Ass^Bl h^y^ he was *» di saeee p ts d as a seaa d e l eas p^oa.** (York Coart Becords, 
ir.ie.) 

Mr. WDBaai P. Upham eaBs ny atteatloa la the fact, that la the Snifolk 
Coart fOsi (Xa. t84 88) Is a DipMitloa by Jbha Darls, aged aboat 88 yeans 
as fta Us "Inthsr Btesk* aad Captaia OaM PkeUs talking aboat a salt 



1888.] 



JOHV DAW or YOIBX* 



179 






< 



irtdh •Mis. WiiihrHgi • • • aboat t ae aty4 aa yeait ago." The paper to 



From irhat to ahown hf the reoorcto and dooumente which have 
here been dtedy it doea not oeem nnreaaonable to infer, that the 
John Davto who dtoappears from the Ipawich Records in or about 
1651, to identical with that John Dayto of York who signed the 
Thaukagiving Proclamation which to before ua. 

Deputj-Preaident John Davto to deecribed bj WiUiameon aa **a 
man of very considerable abilities, natural and acquired ** ; and he 
was held in high esteem by hto contemporaries, earlj (1662) enjoj* 
ing the prefix of respect In 1652, he actively advocated the union 
of Maine and MassachusettB. He waa l<mg identified with militaiy 
affiairs and had been in command of the militU during the Indian 
wars, in which he ** had dtotingutohed himself as a brave and dis- 
creet soldier.**^ He married Maij Puddington, the widow of 
George Puddington* of York. She waa ^licensed to sell wine** 



witboat date aad appears to have beea writtea subseqaeat to 1780. It to aol 
improbabto that the Deponent was the son of John Davto the smllh. C^. ikkL 
(1738-1765), Nos. 41,848, 48,984, 48.804 and 74,8891 

In the Massaehosetts ArehiTes (xzzriiia. 148, 140) are two Depositions 
by John Davto in which he describes himself as *< aged aboato thirtto foata 
yeares." As tliey were sworn to, before Bryan Pendleton, 18 April, 1834, it 
woakl appear that the Deponent was bom to or about 1890. Whether he 
was Depnty-President John Davto of York, who, according to another Depoeft* 
tion, appears to have been bom to 1813, or John Davto of Saco, froai whoea 
Depoeition, in 1888, it appears that he was bom to 1837, ^or, poaribly, a 
third, and hitherto anknown, John Davis, I am anabto to determine. See The 
Baxter Manoscripto (2 Collecttons of the Maine Historical Socfoty, hr. 108.) 

> WiUtomson*s nistory of the State of Maine, i. 688, 871. 

• Geoige Paddington and three others were choeen, 18 Jane, 1840, by the 
inhabitanto of Agamenticns, Depotiee to appear and act for them at the Gen* 
oral Assembly, on summons by Bichard Vines, Steward to Sir Ferdinando 
Gorges. Paddington attended the first General Assembly wMeh convened at 
Saco, 28 June, 1840 (York CooH Records, L 88; 1 Blaine Historical CoUections, 
L (edition of 1885) 887; and 1 MssMushusetts Historical CoUectioas, L 101.) On 
the sixth of August, following, he was indkted by the whoto bench for «• speak- 
ingwords:^we hold that the power of oar eombinaSon to stronger than the 
power of the IQng.** (York Court Records, L 81.) He was abo named one 
of the first Board of Aldermen of the city of Gorgeanatothe First Charter 
granted by Gorges, 10 April, 1841 (Hasard's State Fapeo, i. 470-474.) George 
Puddington appeare to have been a son of Robert Puddington, the elder, of 
Tiverton, to Devonshirs, whoss will, "ezpreesed** 10 February, 1880-81. to r^ 
eorded in the IV eroga U fa Court, Canterbury, St John, quire 40. George 
Paddington, the eon, iwnoanced the exeeatoiehip 26 AprU, 1881, aad adminia- 
tnittoa was giaated, 18 lli^ Mowtog^ la Aaa% the laUet, aad Geei«e Pa^ 



IW 



THBOOLQMUL SOGDETT 01* MAMACHUBITIS. 



[Jav. 



in 1649.. How aooa ftfter that date she married Daria does not 
appear, bat on the fifteenth of March, 1661-62, ihe joined 
with him in two deeds,' deacrifaing herself as his wife and 
formerlj the wife of Puddington, who was at York as early as 
1640. Daris had two daughters, — Maty,* who married Peter 

tfiift«itke«kler,^abvotlMrof Um deeeiMd (Piitiism*s Hirtoriesl Ifaguint 
for 18S9, Xew SmitB, fiL 47-S8, 140-144, Itl-IM.) Pttddington's wife had 
Wat «■ mmatiwoij fqwUtion, a»d ma indietad by ths wbola beoeli, S Sepleai- 
Wr, 1S4S; for improprielj (whieh the MUeqnentlj oonfcwed) witk GaorfS 
Il«fdtlt,«wliolMaied ffooi Eialer asd iMd ictkled at AeeomsBlkat in tlw 
dnraelir of a prMeher." (1 llaloe Uistorieal Coltoctiona, L (ediiioa of 18SS) 
SSI-SeS;aBd SttUivantiniatorjof tlM DktriotoC MaiuMnSOa. AatoBur- 
Mt and bb erU deedi, tee abo York Deeds, lii. (Pnjiie$) 8; WinUiiop*a Ilia- 
inrj of Kow Englaiid (edition of 1838), pp. 11, 13, and ntta; Belknap's 
Uyuwj of Kow Uaapdiire (edition of 1784), i. Sa-88; and Wiliianiaonti Uia- 
t«7of tke State of Maine, LS70, 971.) Pttddington was ttring as late as 8 
Jnl^, 1847, wlMn ks made Dapoeition (York Deede, i. (Ptei IL) 18.) Ubwill, 
dated 33 Jnae, 1847, for some aaaceonntable reason, was not reoorded tiU 18 
Jaoaanr, 1893-08, wlien H wae entered with IM. r. (PaK L) 120, 13L It is 
aiM> printed hi Ibine WiUi, pp. SO^lOl. In it be nMmtione hie wife Maiyas 
Ihe nMlher of Ue flfo ehiklren, — all nnder tweniy-one jeara of age^— and 
nanws hn aa eieentriz t gi^^s* to elder eon John and younger eon EUae, hMkl, 
eiew «whesi I now dwell hi (kyigeana**; to eldeat danghter Mary, seeond 
dan ght e r Franeea, and yonngeet danghter Rebeeea, other property; mentions 
brother, Robert Ptaddhigton, and appoints him, with Mr. Edward Johneon, Mr. 
Abraham IVtMe, and Mr. John Alcoek, sopenrkor of hie eetate. 

A reminder el Pndtttngton and his wife whieh proree that his death 
between 8 July, 1847, and 8 June, 1848, It found in a IM of Debli 
to ths estaU si Imae (^raaae si Boston, bf«wer, hi 1848 : — 

* W l iiswi F u Si ia gf i, of AggMusmfans, lor men^ ew l egs ty bsf h as h sa i bsibie 
Ks Seesaw St Ab" (Hew Eagtoad Hiiteriml aad OmmloglesI Beghtst lor ISSS, ▼■. 

This papw has sines diasppeamd from ths Suffolk IVobate Wles, 
Of John Paddhiglon, or Purringtou, as the reeord reads, wu And that 3 No. 
1874, he ssseuted a deed, •'with the eoussnt of his Mothsr Mil 

Maiy Datuss,** of half aa aere of hmd in York to his •• hMwh« bfothir la bw, 

Jsha FeMfll,*' mariner. (Yodc Deeds, iL 180.) 
> Ysifc Deeds, L 118,*two Instruments. 

• no will of Mary Weaiu, made 31 January, 1718-18, aad pivfud 7 April, 
ma. Is printed hi Mafaw Wins, p^ 318. 314. Adminlstrathm on her husband^ 
somSa had been granted to her at a Court of Sessions held at Toric, 1 Korember, 
1889; when shs fMU Bond la £488 (Tork Deeds, ▼. (PM IL) 18), and swore 
la aa bfunlofy el ths eetate el her huebnnd, « kte^ deeeased," dated at YoriK 
18 Afrii, 188J, smeanrtng to i38U8.a (/Kd. t. (FM L) 80.) 



■ 



1888.] 



jomr DATiB or tobx. 



181 



Weare, Treasurer of the Comity of York,^ and Sarah, the wife of 
John Penwill, of York, mariner, bat I eaa learn <rf no other 
ehildren. 

On Saturday, the twentieth of Norember, 166S, Mr. Nicholas 
Davis and Mr. John Davis were required fay the Massachusetts 
Commissioners to summon the inhabitants of Gorgeana (York) to 
meet them at the house of the first-named oitisen on the following 
M<mday morning, between seven and eight o*clock, and submit 
themselves to the government of the Colony of the Bay.* The two 
Davises, and another John Davis, as already mentioned, submitted 
with the other inhabitants ; and on the same day that John Davis 
who was destined to become Deputy-President of the Province of 
Maine, was licensed to keep an ordinary at York * and was also 
ai^x>inted Sergeant* In 1858 he was one of the Commissioners 

On the twenty-ninth of Ifaj, 1704, the Fhibats Court granted — 

** AdMiaistfatloa le Mit. Marx Wears, of York, on the CPtsSt ef btr brotberi»hMr 
Mr. JoMph l^Haewell, of Tork, deceeied, iatettafts, the raliet widow of sd l*taeweU behiff 
aio mm/m •mrIm.'* (Tork IVobate Reeotdi, L ts.) 

See Ifahie Uistorioal and Geneak>gleal Beeorder, UL 133; and Tork Deeds, 
tt. 180, 184. 

> P^ Weare wasalso Town Clerk and a fislseimaa of York, B eeorder of 
the Coontj and, bter, an Associate. In 1880^ he was a Deputy to the General 
Court, at Boston, fiomKittery, although a reeident of Tork. (Tork Deeds, li. 
(Pr^fiKt) 7, 8, which contain a sketch of Wears; and llssssnhuiitts Cohnqr 
Beoords, iT. (Fhrt I.) 440.) . 

• MaMachusetts Cohmj Bscsirds, It. (Ftot L) 188-181 

• This fact was animadrerted upon bmmij years aAsr bj Jk. Benjandn Bui* 
Urant, an ardent supporter of the Andvos rapine, who suiered ia^N4sounlent 
at the uprising of the people on the eighteenth of Apett, 1888:— 

«Oae nsTis. a connnoa Akhouss keeper, proposed to be Depu^ r tesii l sB l of the 
PrethweorMsfaMwithtbetitleof Major; the people fsAM Mm obsdieaes.'* (BeW- 
tanfto Joamsl, under dale of IS Fbbruaiy, ISSS-tO^ hi FSbUs Beeeri OStoe, I saiea, 
Board of IVede Fqpeis^ ▼. SS.) 

I am indebted to Charles E. Banks, M.D., s desoendsat of the Deputy^ 
Piueident, for thb eztfiet C/. 1 Phweedfaigi of the Mssssrhusstts Historical 
Soeiety, ztL 108, 108. 

« 8 Collections of the Mains Historical Society (The Baxter MannscrlptP), 
It. 88, 84. Daris*b promotion In the nilitU followed in due course. He was 
Ensign hi 1854, Lieutenant hi 1880, Captain hi 1888, Sergeant-Major hi 1880, 
and Major In 1888. (Tork Court Bssofds; Mt ws flhn ist t i Colony BssofdBi 
aad Tork Deads, ill. 128.) 



us 



THX OOLOXIAL SOOIETT OP MA88ACHU8BTT8. 



[Jaii. 



to tetUa the boonds between York and Kittery.* He tnbeeqnentlj 
•igned the Petition of the inhabitanU of York« Welk, Smo, and 
Cup9 Porpoiee to Ciomwcllt 12 August^ 1656, praying to be eon* 
tinned onder the goTeroment of MauachnsetU ; * and later, at the 
Bcstoratioo, he joined in a Petition to Charlee II. praying for a 
goremment of their own.* From 1658 till 1660 he was Marahal 
of the Connty of York.* He had held the office, pro iempart^ in 
1657, during the absence in England of Henij Norton,* who had 
been chosen to it 22 Norember, 1652.* On the assumption of the 
goremment of the Prorinoe by the King*s Commissioners, Sir 
Robert Carr addressed a warrant to Captain John Daris, 2 July, 
1665, to summon his company to appear in arms, in the Training- 
field, on the fdlowing Tuesday morning, ««there to attend further 
order.- » 

On the fifteenth of April, 1668, Edward Rishwortfa and Francis 
Cham p e m own issued a warrant to apprehend Peter Weare and 
Francis Raynes and to secure their papers. On the twenty-fourth 
of April, Weare wrote a letter to Captain William Waldion, solicit* 
ing his aid in securing his liberty. In it he alleges ill-treatment at 
the hands of the Macshal and Captain Jdm Davis who enfoicod the 
process and took away a letter, addressed to Thomas Danforth and 
signed by many inhabitante of York, praying to be taken under 
the government of Massachusetts. Wears gives an account of 
whnt occurred at Davis*s house, where, he says, Davis was guilty 
of ««vsing very vnseuel Words k prUnowes liangwig Calling him 
Bmo knaue h cripell Cur 4 w^ a viulent punch w^ his fist threu 

rpon y« ground littell short of ye fiaie.''* It is 

Colony ReeonmH. 401 

• 1 CoOeolioM of the Mrine llfaMorieal Sodetr. I. (editkm of 186ft) 302-886$ 
S CoOeetioM of tlM Mrino HiitoHal Sodetj (Tfce Baxter Msaaicripts), iv. 
141; end WiIliMMoa*e mutory of ll» State of Maine. I. 880, imI«. 

• S CoOeetkHM of the Maiae Historical 8oeielj (The Baxter MamNer^), 
Ir. 14a Many aoe aw en le relatias to Um eonteet lor Joriidietioa in the 
IVovinee of Ifaine are dteeflribed foi Miiebaiy*e Csloadsr of Stats Fto«% 
Oeloaial Series, Ameries and Weet ladiee, pmrim. 

« York Govt Beeorde, i. S14, #48. 

•IW.LIOf. IDirii took the salli el oAee oa the thfad eC Ofldbv* 

• ^ h sii t ti Coleay Beeoidi, hr. (Ptot L) 188. 

• iUi ir. (FM IL) S88. 

• t OeOeitfoae el ll» Ifato Hii^^ 



188S.] 



JOHir DATIB OP TOBK. 



181 






interesting to note, that after this altereation the two men pibb> 
ably became reconciled^ because, as we have seen, Wears subs^ 
quently married Davis's daughter Maty. In the will of Nicholas 
Davis of York, before mentioned, made 27 April, 1667, and 
recorded 17 August, 1670, he appoints ^ my Lousing frejnds Cap^ 
John Davess & Mr. Peter Weare** to be tiie overseers of his 
estate.^ A similar exfHression of confidence in John Davis Is found 
in the will of Francis Champemown who, in 1686, included him 
among kU ^loving friends'* who are named overMers under that 
instrument.* 

In 1662, 1665, 167&, 1676, 1679, and, doubtless, in other years, 
John Davis was one of the Selectmen of Yoric ; * and in his judicial 
capacity, as a Magistrate, he constantly held court at various 
places within the Province,* in 1680 holding a Special Court ol 
Admiralty,* and in May, 1684, sitting at Wells as Chief Justice.* 

In 1688 Davis had attained to the militaiy rank of Majoi^ and is 
so styled in a deed which he gave to James Freathyof York on the 
eighth of December of the following year.^ On the eighth of 
September, 1686, with Francis Hooke, also a member of the 
Standing Council of Maine, and Depnty^ovemor Darefoot and 
tiiree of the New Hampshire Council, he signed the Articles of 



•{viiofle, ia 1888, deeeribed in New HaapiUie Proriaeial Fk^ien. I. fTS-^SiS, 
ahowing how riolent men were in tboee daya. The partiee to it were Tbomaa 
Wiggin, Bobert kf awm, and Walter Barefoot Wiggin threw Ma«m into the 
lire, from whieh he wee reeened bj Barefoot; whereupon Wiggin threw Bare- 
foot (whoee idfter he had married) into the ftre, hat wee palled off by Uaeoo. 
t Maine Willi, p^ ft* 8. • /»». 121-198. C/. miH^ ^ 178, neffc 

• York Deede, L 180; It 74; ill. 190; and 9 CoBeetloae of the Ualne IXIe- 
torleal Society (The Baxter MannseripU), It. 880, 870. On the twenty-eizth of 
July, 1684, President Danforth executed a deed to Major John Darli, Mr. 
Edward BIshworth, Captain Job Alooek. and Ueutenant Abraham PtoUe, as 
Trustees, on behalf of the Inhabitants ol the Town of York, eonftrmfaig to 
them the grant of Sir FerdlnaadoGorfsa. The existence of this deed was long 
doubted. It Is printed, from a copy In the Society's Cabinet, hi f Ptoecedlap 
of the Massachusetts Historical Sode^, t. 488-438. 

« York Court Becoidc/flMrfii. •/MI.It.998. • /W. It. 188. 

* York Deeds, hr. 8a Mr. William P. Upham sends mt a memcnmdum oC 
a paper k the Suffolk Court fOes (He. 1808). It Is s copy, eerttted by 
WlUlam Fepperretl, Clerk, sf a Grant to Capt John Davee, dated 7 June, 
1878, sf ifty aeree on the north-eaet side of Bobert Sowdoa*b land, •*belnf 
fsrt sf y* sd Dafes*8 former dtTident,** sIgMd by Bdwsrd BWHroffth. 



184 IHB OCfSJOCXIAL BOCOTt OW 1CA88ACHU8ETT8. [Jait. 

Peace agreed upon between the inhabitaata of thoae Piorinoea 
and the Indiana inhabiting them.' 

The date of John Davia*8 death haa not been ascertained. He 
«tlended» officially, aa Deputy-Preaident, a Court of Pleas held 
at ToriE 25 Febniaiy, 1690-91 * At a Court of Sessions, held 
2 June, 1691,* and at a Court of Pleas, held at York, 1 Julj, 
1691, ««the Deputjr-President'' was in official attendance, although 
his nm$M is not recorded, aa was usually the case. At Uie Court 
held on the last-mentioned date, it waa ordered that a Court 
of Sessions of the Peace should be held at York on the fint 
T^Ksday oi October, and a Court of Pleas at the same pkce 
CO the foUowing day.^ At the Court of Sessions held at York 
6 October, 1691, there were present. Captain Francis Hooke, 
^Deputy Pkesident,** * Major Charles Frost, and Mr. Samuel 
Wheelwright; and Adminbtration was granted to Mary Daves 
upon the estate of her husband. Major John Daves,* kte of York. 
At the same time she made oath to an Inventoiy of the estate 
amounting to X844.19.0, and gave Bond in X689.iaOJ 

The latest reference to John Davis that I have found is in the 
record of a «" Memorandum *" made 1 April, 1691, by Jane Withera,. 
widow of Thomas Withera, which was witnessed by Davis and 
another, and sworn to ten years kter (18 June, 1701) at Kit- 
teiy.* It thus appean that John Davia died between the fint of 
April and the sixth of October, 1691. 

nie career of John Davis invsents an interesting study in 
dnneter. The York Court Records and the York Deeds are tlie 
principal sources of information concerning him that remain, — 
the Town and Church Reeords having perished. In middle life 

> Mnapli Hiilofy of Kew Hanpihlie (ediaoii of 1T84), I. Appendix xlv. 
p^ Inte-lxsxi; and Htw IlMpddie PkorineisI Ftepera, L SSe, 689. 
•TMDeedi,T.(PteiIL)8. • ML r. {Put n.) 10. 

« AM. V. (Pkrt IL) IL 

g.lJ^'^^^^^^^^^ Hooke slw sttoiHled, In the aune cquMsity. • 
ffl!!fcLrf/_^ •» York oa the folbirlii|r day; Mid the Iiifentory of 
JJj?*!? t!^'"'*^ •••^ '^ •'"*■ *• ^ ^^>^ 6«>«n. a* ntteiy, IS Ifareh, 
*•>-«-•««• FkMwk Hboko, I>Bp«ly.Ptr«kieDt, and John WineoU, JntOoe 
el the Bbsoo (IIM. T. (FM L) 7S). 

• TheipelBngel J)mV9 mmm hi the ooe to i p ot si j erigfasl leeotdeehowt 



«TeA needle v.(FMIL)lL • ML^H. 



1808.] 



jomr DAVI8 or tosk. 



185 



' 



his animal spirits appear to have been under slight contrelt and we 
read in the Court Records the evidence of baleful intemperance, 
not only in appetite, but in deportment and speech; ^ oi his pre- 
sentment (1658) ''for selling beer by wine quart'* (L 248); of 
his ''affronting the Court [in June, 1664] by giving unseemly 
speeches with his hatt on** (i. 268)*; of his discharge from the 
office of Marshal in 1660 (i. 849); of his "rideing one Lord^s day 
from Wells to Ycwk** (July, 1661) with Major Nichohia Shapleigh 
and others (L 861); and of his presentment, with two otheii, "for 
neglect of y dutys to which they were bound by oath iot not 
voateing for Oover: Deputy Oover: Magestrates & officere for 
carrying on authority amongst us ** (L 404). 

After 1670, however, the Records tdl a veiy different story. 
Davis appeals to have gained control of his temper and his appe* 
tites, and from that time untU his death he rose constantly in tlie 
public esteem, of which he had always had a laige share, notwith- 
standing his infirmities. As early as 1658, he i^ipeared in Court, 
at Yoric, as attorney for Edward Hutchinson, of Boston, in an ae- 
tion of debt (L 808) ; in 1670 he was of a Committee, with Edward 
Rishworth and others, to locate the "meeting-house at the lower 
part of the river Pischatq'" (ii. 412, 418); at various times, be* 
tween 1674 and 1679, he was a Commissioner to canvass the vote 
for puUic officers ; in 1680 he was of a Commission which was 
ordered speedily to "repayre to y* Eastward A settle the concerns 
thereof according to y best understanding of the premises ** (iv. 
218, 219) ; and on the twelfth of April, 1682, he was ordered by 
the Council to go, with three others, to Casco and settle matten 
respecting Fort Loyal * (iv. 259). 

> York CofiH RmoHs, I 968; II. 46, 881, 888, 880, 408. While the trl- 
denee affofded by the etitHee here cited fallj Mistahit the atsteiMiit In the 
test, it has not aeemed derirable to tnuuifer to print the details oC aangiilnaffy 
altereationt, Inebrietj, and other oftenoei for whieb Davis hienrred heary finee 
and penaliiei impoeed by the Conrta. 

• It thns appean that Daris had eariy imbibed Quaker doetrinee which at 
that time were eatuing the banishment of many Maseachnietts famlttee to the 
Eattwaid ae wiril ae to the South. It le possible that we hare hwe the resMNi 
lor hk rsmoral from Ipswieh to Yorir, espeeh^y when we reawaiber that 
General Daniel Denieon, the foremoat dtben of Ipewleh, wae serere In hie 
ophilone and aetione against the Qnaken. See Pnbllcations of this Society, 
i. 127, 180; Piymonth Cok>oy Recofda, z. 180, 181; and Frit's Ulslory ol 
Ipswieh, pp. 106v 7%L 

• See WHUasMon^b Hbtoiy ol the Stals sf IfakMt i Mf M(^ 888. 



188 



THB OMXmiAL 0OOIKTT OF MAMACHUSBTrS* 



IJJLM. 



These qiecial a erf i cc s are noted to show the oonfktoice reposed 
fai DftTis 1^ his ssBodfttes in snthoritj. More interesting and sng- 
gestire are the re fe r e nce s to him in connection with the ineonspio- 
nous and eveiy-daj matten which got into these ancient records. 
Senring npon all kinds oi Juries, — not infrequently as Foreman, 
•^he was also eonstantlj employed as a Commissioner to laj out 
roadsi to settle the honndaries of towns and of private estates, and 
to set off dower; as a referee in disputed matters, and as an ap- 
praiser of estates* He was often bondsman for administrators and 
decntds, and an o?erBeer<rf wills; and the records preserve ample 
evidenee of his helpfulness to others having the care or adminis* 
tation <rf propertjr. They also reveal his constant service to Town 
and County upon committees of every kind, dealing not only with 
great and important matten, but also with the most humUe affairs 
oflife. 

As we take our leave of this faithful puUic servant, in the full 
tide of official honor and of the puUio conftdence, we see that for 
more than twenty years, and until his death, he was a prominent 
l^gure in the Province, rendering valuable service in the field, as a 
Magistrate, and, in private life, as a public spirited citizea Occu^ 
Pjing the fa renio st i^ace in business, in public affairs, and in the 
administration of justice, we find Courts, Councils, and Commis* 
skmers foequently convened at his house. Danfortii was seldom 
present at any sitting of the Magistrates, but Davis was almost 
invariably in attendance, and was, in iMSt, the head of the Admin- 
istiatioB, as well as the most distinguished citisen of Toik. 

The Hon. JsRsifiAn Smrn of Cambridge, and Messrs. 
AuocsTDB LowBLL of BfooUinc, Jomr Euot Thatsb of 
La n ca ster , and Dnxiaosr Boobbs Sladb of Newton were 
eleeted Besident Memben. 



we.] 



ZBDUm TO V&AHOm YBBOmS BALOH. 



18T 



FEBRUARY MEETINO, 18M. 

A Stated Meeting of the Society was held in the Hall 
of the American Academy of Arts and Sciences on 
Wednesday, 16 February, 1898, at three o'clock in the after- 
noon, the President in the chain 

After the Records of the January Meeting had been read 
and approved, the CoRRBSPOKDoro Secretart announced 
that since the last Stated Meeting letters had been received 
from the Hon. Jeremiah Smith, LL. D., and from Messrs. 
Augustus Lowell, John Euot Thater, and Debisom 
Rogers Slade accepting Resident Membership. 

The President, as Chairman of the Committee appointed 
to consider the subject of increasing the permanent Funds 
of the Society, reported that of the $10,000 which they had 
proposed to raise, subscriptions amounting to $9,460 bad 
been already received. 

President Wheelwright then said : — 



I have to make another of those announoements of which 
there have been so many during the past year. Our associate, 
Franois Vbrgnies Dalch, died at his home in Jamaica Plain, 
on Friday, February fourth. 

Mr. Balch was elected a Resident Member at the first Stated 
Meeting of the Society, 18 January, 1898. The engrossing nature 
of his professional engagements prevented his being a frequent 
attendant at our meetings, and did not allow him to take any 
conspicuous part in the Society's work. With that work, however, 
he deeply sympathized, and he was always ready to furnish to those 
who were more actively engaged in it than himself that counsel and 
assistance which his wide knowledge — especially of our local his- 
tory, gained in the practioe of his profession — enabled him to give. 

We have always esteemed it a high honor to have inscribed on 
the Roll of our Members the name of one who was universally 
conceded to be the ablest conveyancer of the day in tiiis cify, 
and whose high personal character and modest private virtues 



188 



THB OOfUmULL BOOSEOn OF XAMACHtJBKm. 



[Fkb. 



CBdetfod kim to all who knew bini. Mj own penonal acqiuun^ 
aiioo with Mr. Baleh waa ao slight as to prselnde me from saying 
mora; bat there ara sereral gentlemen here present who knew 
him intimately, and who have expressed a wish to paj tribute to 
his memoiy at this time. I will call first npon Mr. Charles 
Sedgwick Raokemann, his associate in business. 

Mr. Backkicahk spoke as follows : — 

The keynote of Mr. Balch*s character was simplicity, and the 
story of his life, tdd in detail, would comprise a series of illustra* 
tions of the way in which he met erery duty with courage and 
dieerfalnesst and iq^plied to its performance his sinq>le methods of 
execution. He had the most unswerving devotion to the truth in 
aU matten, great and small He was so candid, and so conscious 
of his own rectitude, that by tlie veiy frankness and diiectness of 
his address he must often have disarmed those who sought to 
eireumvent him, or to take advantage of his clients despite his 
efforts in their behalL One constantly thought of him as essen* 
tiallynman — 

•"Whoie trtnor ht hit honest thoaght* 
And simiils troth his utmost sUUt" 

In Mr. Balch*s life there were five principal events : his college 
career, whidi developed points in his character tliat histed always 
with steady firmness; his service in the army, which nearly dc 
prived ns <rf his after-life; his marriage; his connection with 
Mr. Sumner and his residence in Washington; and his final settle- 
ment in the pursuit of the law. In order to show how and why 
he sooceeded in making something out of eveiy one of these ex- 
periences, how he benefited by what he went through, how ho 
helped others at eveij point, either by influence and example 
er by actual service, how he studied and worked, and "« lived and 
loved,** one must write a book. 

In his own department of the kw Mr. Balch was /<i<»2^ pnneep$ 
ummg na, and he had, to a veiy remarkable extent, the acquaint- 
ance and respect of those membeis of the Bar whose work lay 
alci^^ other lines than his, as well as the admiration and love of 
his brodier oonveyancen. His power of work was extraordinary, 
and MMt have been derived htgely from his father, of whom it is 



1896.] 



TBiBum TO nAircn vsnoraB balob. 



180 



related tiiat when he was laboring over the fira insurance business, 
of which he was one of the pioneers, he not infrequently remained 
in his oflke all nighti and took only such sleep as he could get in 
his chair. But of his attributes'and attainments as a lawyer, doe 
notice will be taken by a Committee of the Bar Associati o n already 
chosen for that purpose. 

Much has been said of Mr. Balch*s modesty and his retiring 
manners ; but even these traits could not conceal from those who 
saw him ** upon a nearer view ** the finer and stronger points of 
character of which they were but the outward accompaniments. 
We may confidently characterize Mr. Balch as lawyer, patriot, 
Christian gentleman. Could we wish for him, ot for any one dear 
to us, a better designation, or the establishment <rf a noUer recced 
than these words imply? 

Bemembering Mr. Balch*s untiring industry, his deep knre o{ 
kindred and friends, his justice and meroy, his devotion to lofty 
ideals and principles, his religious convictions and feelings, we 
may well believe that our friend answered all the calls of duty 
with conscientiousness and faithfulness, and that he realised that 
ideal of Thackeray so beautifully expressed in his poem The End 
id the Pky: — 

* Cooio wsslth or want, ooms sood or U, 

Let young and okl sooepi their part. 
And bow bsfora the Awf ol Will, 

And bear it with an honest hsart 
Who misses or who wins ths priss^ 

Go» lose or oonqner as joa eaa ; 
Bat if yon Isil, or if yon riso» 

Be eseh, pray God, a gentleman.** 

Mr. MosBS WiLLiAKS said that he esteemed it a privily 
to pay a tribute to the memory of this rare man whose 
friendship he had enjoyed for many years. He had never 
known a man of higher ideals or one more serapuloiis as to 
every detail of any and every matter intrusted to his hands. 
The confidence which his clients had in him was unbounded ; 
and it was nonnoommon occorrence for parties with oonfliot- 
ing interests, involving large amounts of money, or other 
property, to intrust the eonduot of the moat importaot and 



190 



THB oofuanAL tocnrr or MAaBAOBvaan. 



(Fa. 



intiieato traosaetions entirely to him. Mr. Williami spoke 
of the weight of responeibility which rested upcm a profes- 
sional conveyancer when he had to decide whether certain 
technical flaws in a title were of such a character as to war- 
rant him in advising his client that, nevertheless, he might 
safely pmrchase the property thus affected. He alluded to 
Mr. Batch's anxiety upon such occasions, and to the fact that 
Us eonseientionsness in this regard had caused him many a 
sleepless night. Mr. Williams remarked, in passing, upon 
Mr. Bakh's pre-eminence in his chosen branch of the legal 
I^ofesaon and upcm its being universally acknowledged by 
the Bar. He spoke also of Mr. Batch's great kindness, es» 
pecially to the younger men in his profession, — in which 
he himself had shared, — and remarked that Mr. Balch ap- 
peared to be never quite so happy as when doing a kindness 
to another. Mr. Williams alluded to Mr. Balch's arduous pro- 
fessiooal labors, to his wide reading and scholarship, to the fact 
that he was always abreast of the best current thought, and 
to his patriotic interest, as a private dtisen, in public affairs. 

Mr. Jonv Nobu then paid this tribute to Mr. Balch's 
memory :— 

Among the many losses which have Idlen upon the Boston 
Bsr within the Isst 7ear« peihaps there is no single one which will 
be more felti or which leaves a wider gKp^ then that caused by the 
death of our late assooiate, Francis V. Balch. He occupied a 
naiqne positioo. He was not an advocate, — be seldom, perhaps 
never, appeared before juries ; be was not the aggressive fighter 
who was locked to when the Bar had to take some stand ; he 
dad not posh to the front when public occasions arose; his name 
was not OB eveiybody's lips or in every newspi^ier, and yet, in his 
way, and from the nature of his career, few men, perhaps, in the 
piofemioB were mors widely known,— there were few, perhaps, 
whose rqiutation tested on a surer foundation, or whose influence 
is Uhdy to last longer. A lawysr^s memoiy is proverbially evan- 
mom^'^h is only when it is linked with some permanent, endnr- 
ii« nali^ that U to likely to outlive Urn. 



isos.] 



TBIBUn TO VBAHCD VEBOBIIS BJLUM. 



191 



In hi» special province, — conveyancing, the mansgement of 
estates, the administration d tmsti, and the whole law of Real 
Property,— Mr. Bakh stood in the very front rank. Of absolute 
int^gAty and honor, <rf calm, sound judgment, well verMd in the 
decisions of courts, <rf wide and accurate learning in the underljing 
and established principles of those branches of the law, and with 
unusual powers <rf intelleot» his reputation was second to noBci 
and he was recognized as an authority. He was a wise and sagik 
cious adviser, of singularly judicial temperament, and men some* 
times chose to abide by hk decision rather than await a resect to 
the courts. 

Pale, attenuated, and stooping, Mr. Balch had more the air of 
the old-time scholar or recluse than of the foroefnl and suoeessf nl 
lawyer or the energetic man of affairs; but underneath thto 
ezterior that seemed so frail, was an indomitable will, an untiring 
eneigy, and a resolution that carried him through the peisistent, 
unremitting labor and strain which marked hto whc^ life. That 
ealm confidence and unflinching determination sustained him la 
the trying beginning of his professional life. A dJentless, briefless 
lawyer, — undisheaitened by years <rf seeming failure, which would 
have discouraged most men, and never doubtful d the flnal result, 
— he turned those days of waiting into the effective preparation 
which equipped him for that position in his profession to which he 
aspued, which he attained, and which he filled with signal success 
tat so many years. 

Generous, self-eacrificing, public-spirited ; always ready to he^ 
his brethren, and especially the younger, in their perplexing 
doubts and fears, and to turn to their service his best powers <^ 
advice or assistance; courteous, kind, and sympathetic, — he was 
universally beloved; wliile for his sturdy virtues, his rare intel- 
lectual strength, and his pure and high^oned character, he was 
as universally admired and reqwcted. 

Mr. Hebbt H. £db8, having been called upon, said : — 

Several years ago, while in a distant city, I attended Divine 
worship with Uie friends whom I was visiting. The service opened 
with an invocation and was followed I^ one of those lurid hynms 
of Dr. Watts which dwell upon the wrath of Ood. Then came the 
long pmyer; and then the sermont -*obs iriiich would have de» 



IM 



THX OOLOinAL SOCnETT OV lCA88ACHU)BB!m. 



[F 



ligiited the heart <rf Joofttiiea Edwaids^and a performaaoe better 
suited to his time than to oan. A aliort prajer followed, and be- 
iote the benedictioii waa prooottnoed another hjnrn — turin brother 
lothefirat^waaauiig; bot in tUa «« Chamber of Honoia "* there 
weie two bright apoU, atrangeljr and beaotifiillj and gloriooalj 
coQtnating with the reat of the aenriee» — the organ viduntaiy, firat 
wmigfat ont in the btain of Mendebaohn, and the aelectiona from 
Seriptora. Aa we left the chiunoh my boat and hoataaa made haate 

to ezpieaa their r^grat that Dr. ahouM have ehanoed to preach 

m doctrinal aermon that moniing. I begged them to give them- 
aelTca no eoneernt becanae ^riienerer I liatened, aa I had that 
■Miming, to the reading of the Sermon on the Mounts the mere 
^Kcnlattona of a human mind npon theology were to me of little 
eooaeqaence ; and I added that I had the rare privilege of knowing 
m man who exempli6ed in hia daUj life all the Beatitndea. I need 
noiaaj to yon who knew him that I referred to our aaeociate who 
Ims ao recently gone from oa to reeeive the reward promiaed to the 
pore in heart 

I knew Mr. Balch only in middle life. Hia preaence waa a bene- 
dictioa to all who came in contact with him, whether in social or 
pfofeaaional life; and, to a anpeiiatiTe degree, he incarnated in him- 
adf the apirit of meekneaa, of humility, of conrteay. One of the 
boaieat of men, he always found time to be polite, caating equally 
npon the knrly and the great the aunahine of hia affability. 

What Mr. Balch waa to thoae who had known him in hia oollege 
life, and how atrong the tie waa which bound him to thoae eariy 
Menda, may be inferred from the extracts from their recent lettera 
which Mr. Rackemann haa just read to ue. 

Mr. Balch, doubtleaa, had «" the faults of hia quality; *" but aa 
w« look back into the paat and recall thia aweet^iearted, gentle 
spirit^ and tij to remember what hia ahortcominga really were, we 
ind thai onr Quaker poet hmg ago deacribed them in fitting 

* Aad wbo eovid Uaaie the gmeroei weaknen 
WUd^ tmlj to tkjwlf anjnit, 
oa overpriwd tlM worth of cAhocif 
Aad dvaifed thf own with wlf^distniil. 



« AB hearts glow wanner ia the . 
Of one who, eeeUaif not his own, 
Qsve frtelj lor the lova si firing; 
Bsrisspsdisrsilfths 



me.] 



Hsinnr noiHAic 



IM 



(1 



^* 



Mr. Dmsov Boobbs Sladi read the following paper:— 

HEKRT PELHAK, THE RALF-BROTHEB OP 
JOHN 8INGLBTOV OOPLET. 

Now that the name of Pelham is before ua in connection with 
the mesKotint engraring of Sir William Peppenell which Mr. Gay 
exhibited at the laat Stated Meeting id the Society, I wiah to apeak 
of the youngeat aon of Peter Pelbun,i Henry Pelham of Beaton, 
and later of London and Ireland, —a man of fthi^w ning pemou- 
ality, a conatant companion in his younger daya of hia ^brother 
Copley,** and an artiat to whom haa ncTer been accorded, in New 
Enghmd, the place to which hia talenta and poaition entitled 

Peter Pelham had three wiTsa. By hia first wife, Martha, whom he 
brought from London, he had three aona: Peter, baptised 17 Decem- 
ber, 1721, who married and emigrated to Virginia where he left 
many deaoendanta; Chariea,*— whoae autograph letter I ahall 
preaently read, ~ baptized 9 December, 1722 (both at St Paul*a, 
Corent Garden, London) ; and William^ who waa bom in Beaton, 
22 February, 1729, and buried 28 January, 1761.* 

Pelham*a aecond wife waa Maigaret Lowrey, whom he married 
16 October, 1784. By her he had Penelope, bom in Beaton in 

1785, idio died in 1756 ;« and Thomaa, bom in Newport, R. L, who 
left numeroua deaoendanta.' 

t See If r. William H. Whitmore's paper oa The Esrij Mntsn sad Ea* 

graven of New EngUnd in 1 Prooeedings of the MsMsehMetts Hiitorioal Society 
lor Msj» ISCa, is. m-Sia, which eontaiiis maeh interarting mstter eoaem- 

hig Henry FMham and John Singkloii Copl^. See also If r. WhitMor«^ letter 
describing Goplej's portrait of Peter F^lhaa, /Mf. lor Febnisry, 1878^ eH. «7; 
and Martha Baboook Amoiy's Domestie sad Artistie lift si Mm Siaglstsa 
Cop^j, R.A.,|Kyiidn. ^^ 

• Charlee Fblham, snsoetsifelj of Boston, Medfotd, sad Kswtoa, waa a 
merohaat, and later a schoolmaster. Hs married, a December, 1781^ Ifsir, 
danghter of Andrew Tyler, and niece of Sir WniismPbppenell. a?Mm^^ 
si the Uasnehasetts Historical Sodetj for Msj, laec, Ix. 206L) 

• BoetoB Town Raeofds; and IVinttj Chmoh Rsgiateia. 

^ She is said to hsfe disd« unnuurried, al Booihbsj, llsiaa. 

• See William H. Whitmore's commnnlsstlons to the HemMie Jbamal, It. 
175-182; and the New Englsnd Historical and Geneslogkml Reglsler for Oeto- 
ber, 1872, izrL 888-401. Mr. Whltmore hse elnca some into pneemsiou of 
much farther information rejecting FMer FMham'a itunmiiiats kj his 
amrriafs whleh ha Is iatsadlng to pabllsh. 

U 



IM 



THB 00L02IXAL SOOIKTr OW MAMAOBUIERt. 



[Fit. 



The Ragisten of Trinity Chmch lecord the third marriage of 
Peter Pelham, — to Mary (Singleton) Coplej, the widow of Richard 
Coplejt* on 22 Maj, 1749. By her he had hot one eon, Henry, the 
•nlirjeoi oi thie paper, who was bom in Boston, 14 March, 174^-49, 
and baptised at Trinity Church on the nineteenth of the same 
month, and a daughter, Helena Maria, baptized 26 May, 1751.* 

Until within a decade the parentage of Peter Pelluun, the emi* 
grant, was unknown ; and it was supposed that he was married but 
twice. There also existed doubts as to the antecedents of Thomas 
Pelham and his sister Penelope. On the first of February, 1888, 
the following advertisement appeared in the New York Herald : — 

Peter Pelham, who, at the beginning of this Centniy, was residing 
soiMwhera in Viighiia, Charles Pelham, who^ at the same period, was 
living at Newton, near Boston, Massachntetts, Hcniy Pelbam, who, at 
the same time, was residing In Ireland, and Elisabeth, Penelope, Thomas, 
and llaiy Fdham, the chiklren of Thomas Pelham, who were, abonttbe 
eame time, Hving In Boston, Msmaehosetts, or their legal wpresentatives, 
may bear of a fortune by Applyhig ^ Messrs. Doogal 4 Co., 67 Strand, 
London, England. 

Tbs above persons are deseended from one Peter Pelbam, who 
emigrsteJ from England about the middle of the last Centoiy, and 
settled la or near Boston, Msssscfausetts. Conntiy pspers please 
espy. 

This advertisement having been seen by a member of the family 
in Boston, he p ro c u r ed from London the following Memorandum 
from the Records of the Court of Chancery which furnishes tlie 
name of the Emigrant's father, the fsct that the Emigrant was 
thrice married, and the names of his children, thus solving the 
mjsteiy as to the antecedents of those who are thus found to have 
been the fruit of his second maniage : — 

> AdmhMvBtkm en the mUte of RIehsrd Copley, •« tobaeeonkt," wm 
y— l ed to Ue widow. If sry Copley, t May, 1748, on whkh day ahe gave Bond 
to the Jndfs el Fkobsle fai XieCV-- the Svrellei behig Fleter Pelham, «genlle- 
ama,* and lohert Sklaaer, ^perakemaker,'* both of Boston. The Inventoty 
ellheeitale^lalBen€ilij,folhHHB9,byThooiatW«ite,Ebenewr Lowell, and 
WiDhmi llellfahM, amomiled to £07. t. «. ft was pfcoented to the Coon 
by the widow and admhrfitratris 18 May, 1748,— fenr days only befoe ehs 
beenmsthewifeelFMMrFelham. (Saflblk Pirobalt FOee, Ko. 8078.) 

• THaityChmeh BegMem, whieh, wider dote of S8 May, 17dS, meofd the 
bmW el Maria FMham whe^ pi8bab4r, was Meatlesl with thIe flUld. 



I 



I 



1888.] 



186 



Memorandum as to Order made hi the Chanesiy Aetlon of Pelham s^ 
Compton on 9th November, 1780, the Fund hi Court to the CrsdIt of 
ths Action behig now £7G5. 18. 9 Cash. 

Ths Action is between Peter Pelhaoi, Charlee Pelham, Elisabeth 
Pelhasft, Penelope Pslham, Mary Pelham, an Infant, l^ Heniy Pelham, 
her next friend, and Henry Pelham as PUUtUffif and Heniy Compton, 
John Compton, and William Pelham as f>^/bndaiil«. 

The Order above referred to first redtee the BUI filed hi the Action. 
From this it sppears : ^ 

(1) That Peter Fdham* was the Grandfather of the Holm^Petv Pelham, 
Charlee F^lhAtii, and ilenry Pelham, and great Grandfather of Ellmbeth Pel> 
ham, Penelope Mham, Thomas Pelham, and Mary Pelham. 

(3) Thai Peter Fblham (the Grandfather) made hie Win on the 88th Jan% 
1786, whereby, after beqaeeihlng oertain legadee, he gave hkeetate to l^neteee, 
therein named, npoa Trait, to pay the Ineome to his daaghter H elen a Pelham 
for life, and after her death to stand pomemed of the eame for the benefit ol 
his eon Peter Pelham [the emigrant] if he sunrived hie sister, oiherwiee for the 
benefit of Peter Pelham's (the Son's) Children as therein meniiooed. 

(8) Thai Peter F^lham (the Grandfather) died on the 88rd lUy, 1788, leav- 
ing hie daaghter Helena Pilham^ earvlving, who, however, died on the 18th 
Ootober, 1782 (onmsrried). 

(4) That Peter Pelham (the Son) died hi 1751 (time predeeeashigPiter Pel- 
ham the Grandfather), haviDg been married three Hmee. 

(8) That the ehildren of his Ifarriage with Uo first infeweie the Plahitlii^ 
Peter Pelham, and Charlee Pelham; and William Filham. 

(8) That the ehildrea of his Marriage with Us ssseM Wlfoweie Theaess 
Pelham and Penelope Pelham. 

(7) That the children of his Marriage with bis thfad Wife weie Heniy M- 
bam and Helena Pelham. 

(8) That eertain of the above mentfoned persons had died, some Isarh^ 
ehlldren, othere wHhont leaving children. 

(8) That the PhdntUb dalmed to be the only leene el Mer Pslham (the 
Qrandlather) and as snob to be entitled to bio Eetate. 

a JVeCt. The addrem and dee erip tlon of thIe Gentleman are net ghrea. 

The Order then direeto that oertahi eoqnirlee and aoeomits be made 
and taken with the view of ascertaining partloolars of the eststo 
and debto of Peter Pelham (the Chrandfather) and ako of ascertain* 
faig who the pereons wero thsn entitled to the rseldne of snoh 
Eetate. 

> Two letlen written by her to her brother Peter, the Smipant, are printed 
hi 1 Ptoceedfaigs el the Miemehaeetts Historical Soeisty lor Msy, 1888, ii. 
909; 808^ 807. 



J 



5 



us 



THB OCXUmiAL flOGOBTr OV ICABaACHUSBm. 



[Fin. 



And tbe Older conclMdw bj direoting that the farther ooMidermtioa 
of tiM Matter ebftU be reeerred ootil tbe llMter makes his Reporti after 
aaktaig and taUng the eoqairies and aoooanli before directed.^ 



When Heniy Pelham was bom, his half-brother, John Singleton 
Coplcjv was eleven years okL* Peter Pelham died in 1761« and 
was boried 14 December of that year,* teaying the widow and her 
tons in a boose ^ in Lindali Row* now known as Exchange Place. 
Here, sorronnded bj Peter Pelham*s works and drawings, and 
nndonbtedlj profiting bj the instnictton and experience that he 
most have obtained from associating with so talented a man as his 
step-father, Coplej began his remarkaUe career as a portrait 
painter. Heniy Pdham's portrait, as a hay of eight (X ten jears 
of age, has come down to ns in Gople3r*s famoos pictaie, entitled 
the Bojand tlie SqnirreL* This canras, judging from the age of 
^tm sitter, most have been painted about 1758. 

* Hmm ptpsn art bare printed for the first time thnmgh the eonrtasj of 
Chsriet PeUuuB GreewMigh, Eiq. 

s Copley was bom hi Bootoa, S Jul j, 17S7, Mid died hi London, 8ep- 
•naba; 181Si He wm boried In the Hntchineon family tomb, in the ebnrdi 
of St Mm the Baptist at Ociydon, in Svrrej. There, also, ars interesting 
■oa n m en ts to several of the Arefabisbops of Canterbvrj who, for sereral oen- 
tarles after the Conqoest, had a resldenee at Croydon where, in 1078, Arehbishop 
Fvkcr entertained Qneen EUabeth and her Court for sereral days. 

* Trinity Chnreh Registers. Administration on the estateof Poter Pdham, 
•sehoohnaflter," was granted to his widow, Mary PBiham, S8 Jnne^ 1753, when 
she gKft Bond hi £300, her snretles being WilUam Melhraine, otrader,** and 
Charles Felham, •merehant," both of Boston. (Sollolk Fkobale Flks, Kb. 

^ This boase probably stood on one of the two kits making the coraers of 
vhet Is BOW Eidiangs Plaee and Congrem Street, formeriy known as Lerei^ 
etCIs Lane, and bter as Quaker Lane^ beeanse of the Iset that the Quaker 
lleeCiag Howe stood where Monks BuHding now Is. On the fifteenth of 
Kovember, 1743, the Seleetmen oo Pster Felham*s petitkm granted him liberty 
«to ^ up the Favensent ft open the Ground In Lererett's Lane In Order to 
lepalr the Drain running from the House wherein he Dwelb Into tbe Common 
Shove.** (Boston teooni Commisshmers* Beports, zr. M7.) The Boeton ETen- 
tog Fbst, Ka «74, of Monday, 11 July, 1748, eontains a notkse that ••Mrs. 
Mssy Fdham (formerly the THdow Copley on the Long Wharf, Tobaoeonlst) 
lsfumov<a toto UndeTs Row, against the Quaker^s Meethig House, near the 
upper End of King StruH. Boeton," ste. Cf. SburtleTk Topographkal aad 
BMorieri DeeerlptkNi of Boston (Third editton), pp. 380-333. 

* An ongraTing of this pfeturs au^ be seen to the Memorial History of Boa- 
laa,to.888. Friham was eduealod at the Boston Latto Sehool to the same 
Chm (ni8) with Qeik Heaiy Kms, Lbnt4Wr. Wllltoai FhOBpa aad Waid 



1888.] 



IVt 






It was bat natual for Henry Pelham to derelqp artistic tastes, 
with SQch a guide and daily companion as his half-brother Copley* 
The fact that Heniy Pelham was estobUshed as a portrait painter 
in Boston is demonstmted by his. Power of Attorney to Ueniy 
Bromfield, Esq., <rf Boston, and also by his correspondence with 
Isaac Winslow Oaike, legnrding Cokmel Elihu HaU and his half- 
lengtli portntit, of which I shall speak presently. The text oi the 
Power of Attorney is as follows : — 

To ALL People to whom theee preeeoto shall come greettog Know 
ye that I Heary Fdhaa of Boston to the Cooaty of Saffolk and Frv9^ 
lace of Maaaachnsetto Bay to New England Portrait Mater haTe eon- 
sUtated and appototed Henry Brooiieid Esqf of Boston aforesaid to be 
my tme and lawful Attorney for me and hi my Name and to my nee to 
ask demand soe for recoTor and recdve and on Beoeipt thereof ghra 
dischaiges for all sums of Hooey Debto Accoanto Beokootogs, Ctoiaw 
and demands of erery natore and kind where of I baTo caose of salt or 
Actkm to the aforementioned Profince and suit to Law or Equity for 
lecorering thereof to commence aad persoe hereby Impowering him 
my sahl Attorney, to appotot Attorneys and Subatttntes under him. 
And I hereby covenant to Batify and eootrm whaterer he my eaid 
attorney shall do or cause to be done to tbe P re mh iee by Virioe hereof. 
In Witness whereof I have hereanto sett my hand and Seal thto Ntoth 
day of March Anno Domini Oae Thonsaad seven Hundred and seventy 
8lz and to the sizteenih year of hto Majestys Beign 

Signed sealed and delivered 

to presence of ns 
Bttiblo Lmn 
BAnAH Ltm 

Province of Massaehosetto Bay — 
Buifolk a- Boston March 8>^ in« 

Heniy Pelham aekaowledged thto tosttamunt to be hto fkee Act and 

Deed 

Before me 

Pmn OurwMf CkftfJuttki. 

It is well-known that Copley made a handsome liring by portrait 
painting. This, togedier with his maniage to Sosannah-Fannm,* 

> flumansh Fmhuu^ daughter of Riehard Ctorfce aad BHrnbetti his wlfs^ 
was bom to Boston, SO May, 1746 (Boston Beoord Comadsstoners* Beporti^ 
adv. 188.) She msirled Coplsy en Thuisdi^ •veatog^ 18 Korsmbw, 1788. 




IM 



fiocnEnr of MABaACHusBns. 



[Fi 



• danghter <rf Richud Clarke,' an opulent meiohant of Boston, 
enabled him to live in considerable tt^le for those days. Some 
idea how Pelham looked, and in what sort of dross he jkrobablj 
appeared, maj be got from a leUer written hy Colonel John 
Tmmboll, in 1772, while a student at Hanraid College, who 
Tisitod Coplejr, and described him ^m attired in a crimson relvet 
•nit, laced with gold*** After his marriage, Copley lived ^in a 
beantifol hoose fronting on a fine open common.*** It is probaUe 
that Ueniy Pelham was a frequent visitor at this hous^ which 
stood CO the present site <rf the Somemt Club House on Beaooii 
Street Here John Singleton Coplej, Jr., the future Baton Lynd- 
hunt, thrice Lord Chancellor of Enghind, was bom, 21 Maj,1772.« 
That Pelham was personallj very attiactive and fond of society, 
is proved by the distinct recollection of conversations which the 
writer held with the hite Idrs. Maigarot^Bromfield (Pean<m) 
Bknchard, the granddaughter of Henry Biomfield of Harvard, 
Uassachusetts.* Down to the time of his departure for Enghind, 

(The lUMchttMtU Gtiette, EztrMrdiMry^Draper'^— of Friday, 17 No- 

VBOibtrt 17Si ; Slid The BMton Efeiihig F^ No. 178t» of MoiMlsy, SO NoTMiber, 
17Si.) The Boston Gtntto sod Coantry Journal, Ko. 769, of Monday, 90 
Kofmaber, 17i^ s nn o an e et the SMniaft at haring ooeuired ••Umi Wmlmndag 
efCBing,*'^! e., 16 Koremb^, which it probably an error. The Town and 
Chaich Beeordt ftil to thow thit marriage, bnt the Intoatioo of Uarriage was 
sulered 23 October, 170S. (Dotton Town Reeofdt:) 

> Bkhud ClarlBe was one of the contiipieet of the Tea dettrojed in 1778. 

Ce|4qr^ fatfge eanfat portrayfav a gfonp of Biohard Chtfln't famUy it now hi 
the Beaton llntenm of Fine Arte. It it fully deteribed in Ifrt. Aaurfu 

Utmettie sad Artittie Ule of John Singleton Cq)l«y, B.A., pp. 77-aOi 

• 1 Pkeeeedhiga el the Uattachatetto Hittorieal Society for Jannaiy, Uftt, 
aiLtSti <y.Tmaib«n'aA«toblography,BenrfnleeeoeetandUttera,p.ll. 

• 1 Prmedfogt ef the Ma«iachnMtU Hittorieal Society for Jannaiy, 1871, 
aiLan,hiaM«nolrof Copl^ by the lato Angnttnt Thomdike Ferkint. 

« See a letter ef John Sbigleton Copley, Jr., ^itf, p. 213. Lord Lyndhniet 

died In Undea, on the aMNMing of 12 October, 1SS8. (Maran'e Ufe of Ixnd 

tyadhatat, fi aia.) Ifta. A»ery (page 38) gbcethiedatoaa 11 October. 

•Ilfs. Bhmehard wat bom 10 Nofember, 1787. She nMrrled, 80 May, 1828^ 

r. Ira Hemy ThonMe Blanchard (U. C. 1817), minitter of the FIrat Unl- 

Chwdi hi Hanraid. (Nowte't Htttory of HanranI, pp. 281, 232. See 

p^ 202-20^ and mtittr and The BromSeldt, — a pamphlet of nineteen 

by the hAe DMriel Dealeen ShMie, eoataintag mnch TahMble failornMtloii 

UMUmMf. frtftMf leprlnled, with addltlent, fkon the New Enf- 



1888.] 



199 



in 1776, Heniy Pelham was a partiouhur friend and admiier of Mrs. 
Bhuichard*s mother, who was Miss Sally BromftehL I hare in my 
possession a oopyof Baskerrille's beautiful edition oi The Poetical 
Works of John MUton, in two volumes (1769), from the text of 
Thomas Newton, D J). Both rolumes are insoribed:— 

•« For Miss Sally Bromfldd 
with M' H. Pelham's 
Sincere & affeetionste CosipUaMnto -*- 

Boston, December, 1776.** ^ 

I hare brought with me this aftemoona letter written by Henry 
Pelham to Colonel Elihu Hall at Salem, whkh has never been 
opened. This letter I propose to open now, in the presence of the 
members of The Colonial Society, one hundred and twenty-four 
years after Hemy Pelham addressed it and sealed it with an 
impression from his signet ring. This letter was enclosed in 
another addnssed to Isaac Winslow Ckrke, as follows:^ 

Boerov, BtftmK 1% 1774. 

Dear Sm, -> Belying upon your Friendship sad knowing yonr kind 
disposition to oblige, I have taken Um Liberty of indoelng a letter with 
an Account and Order upon Coll. Hall a Gentleman wbcee FIctare 
I have lately done and who has left this plsce intending to go from 
Salem to England without taking that aottos of me whkh I could hare 
wished. The presenting hfan with these Papers if not too much trouble 
I sboold take as a partkmlsr kindness. He has oftsn mentloaed to me 
having property at Sskm, Provisions I tiilak he said which he has 
offered me In pay should hs not have Money I beg yon would receive 
hi payment anything else he may have as I hsd rather trade some than 
lose my mon^. With Comphn*f to Miss Lnoey* and aU Friends I sm 
Sir your affectioaats and Obed^ Servant 

He SaOs hi Cape Lyde. 

[dddrestsdl HmKr FkuuM. 

To 

MCIsAAO W. Clabki 
Merohaathi 

Salem. 



1 Other rellce of Hemy Nhaoi are an Edinbargh edUkm (Aleiandtr 
Donakboa, 1788) of WUlhun Shenttone't Worfct, and a framed SMit etfait 
(eolored) of •• Plrinthig^'* both of whidi bekwfed to HIat BromaeM. 

• II It not Impr e h a W a thai tfda refar cace It to Laey OariM^ a i f aag h li r ef 



THBOOLOnAL •OGIBrr or MAStACHUSETTS. 



[Pks. 



1608.] 



901 



BMfMr, Septal! IQi 1774. 

80,— Upoo being fsfonncd mi jour lodgings this aKNrning thni joo 
Ittdlell thin Flane witbonl an/ intention of returning {MVYiooe to joor 
■niUng for Engiend I wee nrach enrprised at joor not eettUng witii me 
fSor joorpietttre before jon went or at least calling upon Me and giving 
aonM aee ui encei respecting it I sboold be eorrj to think that joa had 
■oC treated ne with solBdeni Honor and pnnctnallitj I would thera- 
fore wOlingijr attribvte yonr neglect to forgettfolnces of me and hope the 
mincet wHl prorc that I hare noC attrlboted it to a wrong Ganee* 

V Stertfai * or IF Oarfce win preeeni yonr account and a Dfaft.opoa 
70« for tiM balkuMe tiM dne boMring of which win be veiy acceptable 
«»8ir 

jov Obedl^ HmP** Serraot 

To 
Mum Ball Emf 

hi 



BcdHi EUhn HaU EcqT to Heniy Fblhaa D; 



in4 



To hie own Portrait half Length £14'*0»>0 

SnpraC 
BjrCash 



• ••••• •• 



8 •• •• 
Balance doe to H. Pelhaa Xll^O'^O 

fhit— Please to pay the abore ballance to IT Isaac Claike and hia 

loccip^ shall be a Dfechaige hi f nD from Sir 

Tear hnmble 8ei! 

HnxBr PuAAV 

"EuBV Hau Esq'. 



1740 

of 
FiOl, 



fiHabeth Cteflce^ whs was bom in 

sf Inse WMow Qsrin, who wsf 
Town leoordt); woo a LoyaUot; 
I and died, hi lt»»en Mo 



If May, 1768. She woo 
bom in Boston S7 Oetober, 
Coouniooafj-Gonoral 
to Fnflond 80s potif 



> nis was Chsrioo 



Tsth^hi 



Hs 
ITO^lTfi, 



otsfftin« si Booisn and Row Torky ancly oppsrontty* of 
neiohaat hsHag hit sddreM ot No. 11 WoU 8tioet» Now 
otNo.44WoU 8ti«et» la 17H whOo hi 17f6-170f bio 
Bios d w aj. In 1808 hit wMow (pttt, p. S06^ and nste 2) 
(IkwToffcCHjDfareolofyt 1780-1808.) Mr. 



J 






September tenths 1774 1 ScYcn long montha bcfoto the battlca 
of Concord and Lexington, Heniy Pelham wrote and forwarded 
these dooaments to his friend Isaac Winalow Glarke* whose sister 
was the wife of *« brother Copley.** The letters reached Clarice too 
late. Colonel Hall, with his ** half4ength** portrait^ baring saUed 
for England. 

Elihn Hall, a graduate of Tale College in 1781, was bom in 
Wallingford, Connecticnt, 17 February, 1714, the son of the Hon. 
John and Mary (Lyman) HalL In 1784 he was admitted to prac- 
tice as an Attorney by the New Haven County Court, and rose to 
the position of a leading lawyer of that part of the Colony. For 
many years — certainly as early as 1744 — he was King's Attorney 
for the County. In 174ft, and often afterwards, he sat for Walling- 
ford in the General Assembly. Aotire in military affaiit, he held 

8Urtin'odeothUthaoiooofdodhiTho0oi]jAdvertioor(KowTorlL)ofFridoy, 
8Aiigart,170e: — 

"Ob tht SOCh sk. •• Mr. Ckarki Sttrtim, of tUi citf, was bstUag M tht pskKe 
WtlM, 1m waft •■fortsoatoljfdrowMd. TW bodj was foaad tht Mst 4aj, and ia c aa tiy 
iakrwd fai Trinity Chaidi hmrjimg grosad. Ha waaaftWaadAMMif ■sa." 

Hio wiU,dotod 18 Marah, m8» with a eodieU. oignad 94 Soptambor, 1788^ 
—both wboUj hi tho hoadwriUng of tho tottator, — woo odmittad to probate 
8 Angiitt, 1780, and io leoorded in tho Snnogato'o offioo, xlUL 85-87. SUrthi 
therein deaciibee himaelf oa **of Birniiogliam, in tho Connfyof Warwick," 
England. The witneasea were WiUiam StarUn, John Simeox, and Bathshnba 
Simooz. The oodieil waa not witneaaed, and ia chiefly esphknatory of bnoinooo 
BMttera; it mentiona, howefor, tho testator^ «« brothor4n-law, f. W. Cfatfko of 
Montreal,'* whore hio doagbter, Mfo. Margaret CoOn, la atOl livinf. 800 mtHf^ 
p. 200, nolr. [She died tbero 8 Jannary, 1888. See Obitnary in tho Boatoa 
Evening Tranaeript of Taeaday, 81 Jannary, 1888 (First edition), pi 8.] The 
win and eodieil were proved, before tho then Snrrogate, David Gekton, by Joohna 
Edwarda, ^ merehant," and JaoMa Boyd, •* gentleman," both of Kew Torh, whe 
teotified. Older oath, to the handwriting of both doenmentaaad •«deekred thot 
they and oooh of then verily boUerod that William Stsrtin. John 8imooi,and 
Bathaha b a 6i moo«,theoubacribing wi tn eaaea to the oald wiU, do ootaoify reeids 
hi tho Kingdom of Great Britain or in porta beyond aea, and thot • • • [they] 
DOT either of them an not nor over have boon in the United Staleo of AmarJeo.** 
The p reoo nt Snrrogate otateo that "thoro have booa no p roeoo dh y la thio 
oonrt bi the cotate of Chorioo 8tarth^ deeeoeed, ohioo tho probalo of tho wilL"» 

800 ppti, p. 908, nete 8. Cf. I Fhieeedbi9i of tho If hoiiMi Hlotorlool 

Sooiety for Jaly, 1885^ vUL 888, whero, In a letter of Jbha Aadrono^ doled 
10 Angoot, 1774, he ia rofarred to 00 Gharloo Stortta,— aa orroi; 
of olthor ^tranaoriber or printer. 

TUo Boto boo boos faralohod by car aooookle^ Mr. Hoaiy q. EdoOi 



THS oouwiAL •OGmrr or MAMAOHuasm. 



[F 



ihfb nak of Ciptaiii, and in the mmmer of 1746 raiBod a Company 
for the pfopotod Expedition againet Canada. He aubaeqoently 
row to a CoUmeley. In Janoaiy, 1767, he was one of four Special 
ComauMioneia aent by the Geneial AeseniUy of Conneotiont to 
BoatoB to confer with delegatea from the other Coloniea as to a 
pba for conducting the next campeign. At the Bevolation lie 
espoused the British side» and took refuge in England, lie died 
In London earij in 1784. His wife, whom lie married 2 Jonuaiy, 
1734, was Lois, eldest danghter of the Rev. Samuel Whittelscj, of 
Wallingford (Y. C. 1706), and a great-granddaughter of President 
Chftuncj of Hanrard College. She was bom 28 November, 1714, 
and died 29 September, 1780, haring borne her husband four sons 
and six daughters.* 

After the departurs from Boston of Richard Clarice, the fiither- 
in-law of Copley, and hia sons, the business affairs were settled by 
a aon-in<4aw, Henry Bromfield.* After the excitement of the 
Keridutionary disturiiances had subsided, the papers and business 
eone sp onden c e of the Claikes were carried to the Bromfield 
amnsion at Harvard, where they were carefully kept by succeed* 
ing generations; but especially were they treasured by Mrs. 

1 Beiler't BiogTsphiesl SMehai of tks GrsdnstM <|f Tale CoUegs,L 437 1 
Fsfirlcr^t MeiBorfslt of the Cluaiieeji, p. 909. 

* Colonel Ileiirj Brooiaeld wsf born la Boetoo, 12 Kofember, 1737. He 
wae a pcoaiiaeal etiiaea ol llarraid, Ifaetachaeefti, where be died, of poeo- 
aeaia» f FeboMry, 1880^ ai the age of 03 yean. He wae baried in the family 
loaib ia Kiag'e Chapel Burial Groaad, Doiioa. (Koane'e Ilietofy of Ilanrard, 
pp. 113-1391 Obitaary la the Colamblaa Centbiel, Ka S743, of WcdueMlay, 
SS Febraary, ISSe.) The Towa Beeotde of Ilarrard ghm the daU of Cokxiel 
PieMaiHli death ae IS FebnMfy. 1830. The Ber. Dr. Kathanlel Thajer, of 
Taariatliif, pieaehed a Faaeral Senaoa, IS Febraaiy, 1930, from AeU zL 84,— 
* He wae a food aMa." The eenaoa wae printed at Andorer . It eoataine a 
dbvlarfnafting notiee of Colonel BfomSekTe etrong and lorable character, and 
sooM biographical data bj whkh it appears that he was a eon of Edward Brom* 
aeld, an esiaeat awrehaat of Boeton, and that « he wae a lineal deeoendant of 
tiM Ibarth geaeratioa froBi the Her. John WilMM, the first adttieter of Boeton." 
Bmpml,fk7l0,m§li; 9iA New Engtond Historical and Genealogical Begister 
telSTlsziiaSL The wffl of WilUaai Broaiaehl of Stoke Kewiagtoa, Mld- 
dkees, Eagbuid, ISai, the oarikest kaowa aaeestor sf the Aaierieaa BromaeUs, 
wMi iaiMetiaf aelM oa the laa%, BMgr be read la /M. lor ISOO, liU. 0, 10. 
A AtSsh of CMeael BiaiaaeM, eatitled A Kew BagkuNi Coantiy Oentlensa, 
by the lata DaaM DealM abide, M.D., appeaiad hi the Vsw Eagkua 



laoe.] 



9M 



Dlanchaid, the granddaughter of Henry Bromfield, who, dying 
in Harvard on the twenty-ninth of November, 187d, bequeathed 
them to her kinsman, the kte Dr. Daniel Denison Slade.^ 

Henry Pelham's name appea» in the list of American Loyalists, 
with those of John Singleton Copley, Richard CUu^ Isaac Wins* 
low Clarke, and many others. Copley left Boston in June, 1774, 
and was followed, the next year, by his wifo and all hia children, 
save the youngest boy, who was left in the chaige of hia grand* 
mother, Mrs. Pelham. They embarked at MarUehead, 27 Blay, 
1775, ^ in the Minerva, — the last ship which sailed out of Massa- 
chusetts Bay under the British flag.'* * 

The departure of Copley for Europe doubtless caused Henry 
Pelham to leave Boston, — in 1776. Previous to his departure, in 
August, 1775, he drew a Plan of Boston, which bore hii autograph, 
and was engraved in London, in aquatinta, in 1777. Dr. Belknap 
aaid of this work, in 1789, ^I believe there is no more cofiect 
[plan] than Mr. Pelham's.** * By an interesting letter* which Pel* 
ham wrote to Copley (28 September, 1705) on the eve of his son's 
departure for Boston, to look after his father's interests in the 
Beacon Hill estate, it appears that Pelham had the care of it dur- 
ing Copley's absence from Boston, in 1771, 1774 and 1776, and 
tliat he made a map of this property over the title to which so 
many legal battles were fought 

In London, Pelham gave instruction in peispective, geography, 
and astronomy, at the same time painting portraits and minia- 

> The BromAeld 80I100I, at Hanrard, wae bailt, to perpetnete theia Uie 
Bfomftcld name, with f ands beqaeothed bj Mie. Blanehard. .Theee laade, for 
the meet part, had eome to her from her Dromfteld kinelpik. The aadoat 
fanU/ portralU iaHre. BUnchard*e poteeetloa at the tinM of ber death adora 
the walleof the baildiag. See Memoir of Dr. Duiiel Dealeoa Blade hi the 
l>anMotiooe of this Society for ApHl, 1800. 

• Mrs. AmoTT'e Domeetie and Artiitie Life of Joha Siagletoa Cop^jr, B.A., 

pp.S8,eO. 

• Jeremy Benmap to EbeneierHaiard. (IPlrooeedingeof theMseesdiawtte 
nktorioel Society for Jaae, 1S78» xiv. 04.) Thle Plaa U deeeribed ia Uie 
Miemoriel History of Boeton, iU. pp. ii, ill, and reprodneed there, —betweea pp^ 
vi and Til. There ie a better reprodaetion of it ia the Siege and Evaeaatioa 
Memorial, 1871 It ii eoiaetimee known ae Urqahsrt*^ mep. C/. Skartleffli 
Topogrephiesl sad Hietorieel Deeeriptlon of Boetoa (Third editloa), pp^ 

9M19. 

« Thk letter is printed te Mrs. AmoiT^ DosMstle sad litletis Llls si Ma 

Sbglelon Ooplqr, BJL, pp. laa-lSL 



204 



THB 00U>2fIAL SOOnSTr OT XAMAORUSBTIVI. 



[Fi 



Uum; and in the Cutelogoe of the Royal Aoademj of 1778, his 
BUDe sppean as an exhibitor. That he waa also an engiaver in 
nesxoiiiit is prored bjr a eommnnication in London Notes and 

Qoerieai mpeeting a portiaitof the Ismoos Conntess of Desmond. 
Pelham married Hiss Catherine Butler, daughter of WOliam 
Botlo^ Esq^ of CbsUe Crine,* County Ckre, Ireknd, who died at 
the birth of twin sons, named, for their two grandfathen, Peter 
and William. Her death is referred to in the foUowing letter 
addnssed by Madam Pelham to Miss SaUy Biomfield,* then at 
Hanraid, Mass^— a daughter of CoL Heniy Bromfield: — 

« Ka 104, for Octobw, 1S51. Pint Series, iT. SOS. We eopr the foUowinff 
panesee which lefer to Heiify P^Umib : — 

I* The print (eame file te the origioel) is a menoCint, ten Inches bjseren 
iaehes and a belt and has onder it the following Inscription : 

Ckfrnnm F^tzobbalp (the Vmg^rtd) Cociitbss or Dnsiovn, horn la origliMd 

W'^^^^^^^ "^ ■•"•• ^■*^ ** ^***^ *■ *"* pomttBUm of tbs RiffM 
OmatM^UmMkB nu/ftnM, Kaight ot Keny, tc tc te, to wbom this plsto is 
Mt le^^rtfalljdeiicited Iqr her my obedieet aad araeh obUgsd koaUe sarraat. 



This IDaitrioas hid/ was boAi shoat the 7«tf 1464. sad was aMrried ia tht fs<ga of 
Sdward IF^ Hired dariag the laigaa of Edwafd V^ Richaid III, Ilsair Vtt. Ilsair 
^TL^Edwaid VL.Ifai7,eBd Eliabeth, aad disd hi the Utt« sad of James U or 
h^aaiag of Charies L's leiga, at the icieat age (as is geaeraUj sappooed) of I es rears. 
Phhiishedae the Act directs, at BsarIslaad,jBae 4, ISOS. B/ Usaiy Pelhaa^ Esq.* 

ThefoOowiag paragraph tenishes some iMto eonoemlag rahaa which we 
have not met with elsewhere : — 

"O^^heMy. Ptfhsiwhop aM ished the ptiat I hare described, there are soaw yar» 
■ej iatessrt joor r ea d ers. He wiU be f oaad aaMMg the eorreepoadeats 
ef the lase Gcaersl Vallaacef , whoae iatenet hi IrlA aatiqaUies b weU kaowa. Mr. 
FJhass wasaa iageaioasgiiaHeaiaa. whocaaw to Keny ia the ead o< the last ceataiy, 
lathecheiacicroCageattotheMarqdaorLaaedowae; which eagagesieal, after a few 
here^gaed,bat esatiaaedlathecoaaty.asealoas stadieroC iU aatiqaities. aad 
liag;asIhareheasd,eiiheraaewGoa«tjHii<of7,orarepriBt el Saiitk'b work. 
Be was a good cirfl eagfaMer, aad execated a great |iait of a hyrge coaatr aad haroaial 
aM^ afterwards SalAed bjaaother head. Mr. Fielham. who perlnhed prematarel/ bj 
~"" ' K la Ms beat, while saperfateadiag the baiMhnr of a Martello tower en 
JatheWfer K eaaia t e , hitheTeryyearhepablisbed this priat. b said to 
laarlebjkeVMeedtothepRaeatLard LyadharsI, whoee graadawther. 
[Ifaryl aiagMsa, b said to have SttrrM to hsr secoai 
lAaii ri iaa— HsaiyPeihaai beiag the oa^bsasof her 
■ i aH iiCt>lsy,aahsrlotheoK. rh aBc eil or,wasef herSrst," QTaat^pilfi. 

• B«fcie% Leaded Gealiy (edithNi of ISMX U. 184S. 

• 16se Br ei iJilJ was bom 1 May, 17S7. and died 10 FWbrMHT, ML 
( l i Mi ii ef the lint Unltariaa Chanh hi Uarvaid.) 




im.] 



MS 



Mr Dbab Sadt, — I doelj Dots joor Mod aad agrssaUs ftiTf of the 
Ins! which bellsre me I sboald have sooaer aaswsr^d bat jfm well 
know mjr Inabilltjr, aod have aot till dow had aa oportnaltj of doing 
It by meaas of a friend. I greati j regret joor ladlsposMoa wfaleh pie- 
Tented me the pleasore of seehig yooy bat hope [for] the pleasaie of 
bearlag jou are better. I thank 70a for joor Und hitdligeooe fkom 
Loodoa, aod in retom bare the pleasars to inform joa that I bave sbos 
Beef a Letter from M? Coplej of Jane 17. whefehi be hiforaw me that 
himself aod Family are well, as also Mr Rogers* aad M' Cbrk,* who all 
desire a tender remembrance to their oonneetioDS here. Indos'd Is a 
Copjr of the Inscriptfon on my dear Hanj's Wife's Temb» wbiob I have 
got Copied OQ purpose for yon, that joo majr oot be at the troable of 

retarnhiglt. My best respects wait on year good pareats, yoacsslf aad 
Sister aad rsouda 

Tonr affectlooate 

Mabt FauuiL 

Fob IC? CATHEanrs PaLRAM*s Toxa Sfora 
ar William Hatlbt Esq* * 

Beoord thon feithfol Marble Pc/lom's worth 
Who dying gare her double offipring Mrth, 
To BabesI who know not in yonr Infant state 
Ye bought ezlstenoe at too dear a rate 
Rbe with each promise paienta can deeire 
To eooth the sufferings of yonr widow*d She 
For OhI If haply for hb peaoe To prote 
Adom'd with all that dalms pertenial fere 
Soaree can that all compensate for the Wifs 
Who oeae'd to bless him when ye raee to Life. 

Shortlj after the data of this letter Miss Bromfield married the 
Rev. Eliphalet Pearson.^ The following letter, addressed to her at 

1 Mrs. Daniel Denleon Bogers. flee pen; p. 91(1^ aels S. 

• Richard Chtffce,— Mrs. Copby'e father. 

• Hayley the poet 0746-1890). flovthey wrote that Heyby wae,.«lB hb 
time, by popobur eleetlott, Kbig of the Englbh poets;" bnt, fai a fetter to 
Coleridge^ he adds, «*eTerythlng abont that nmn b good eiospt hb poetry.** 

« The Rot. Dr. Eliphalet Psareon wee the eon of Uirid Psanaa, Jr. (bom St 
AngnBt» 1738) and Sarah Danfbrth, of Bradford, to whom be wae married 8 
Xovember, 1750^ and by whom he had at feast fbar ehlldiaa bseldee SliplaUet. 
Dr. Pearson was bom In B^rMd, Massaehaeetts, 11 Jane, 17C8 Old fltyfe (CoC* 
ia'blifetof7ofBewbai7,p.868> He wae bsptfaed ea 8aad<y, 14 Jaaa. 1781^ 



A 



> 



THB OOLWIAL aOODBTT OF JCAaBAOOUBBm. 

Cftmliridge, contains s ehAming pictnro of Hit. Oaidine 
who it referred to as «« Betoey *' I — 



[Fn 



im.] 



iOT 



ky Um Ber. Moms Fumw (BjMd CoDgregatkmal Chorch lUoordt). The 
Faodfy Reeonb of Harraid CoUegia (UL 160) fUte that 1m was bon S3 Jqm^ 
1782. At tut data ii in tk« lift of Freshmen who entered in Jol/, 1769, it WM, 
donbtleM, Bade to eonlbrm to New Style (adopted in the year of Dr. Pearson's 
birth) bf adding the req nisito e l e? eu days. This is confirmed by the inscription 
on the brass phite on the iron fence snrrovndinf his solitary grare near the en* 
trance to the oemetery in Greenland, New Hampshire. The date of 11 yeansfy^ 
na^ which Dr. Samncl A. Grsen finds in ilr. Sib^y<k materials for future 
volnnies el his Ilarrard Graduates, is erreneoos. 

1^. Fearson was prepared lor college at Dnramer Academy. Graduating at 
Hanraid College, la 1776— the first year in which the names of the graduates 
were alphabetically arranged in the Triennial Catalogne— he tangfat a gram- 
mar school la Andorer, before the Rerolutlon ; was the first Principal of Phillipa 
Academy, Andorer (1776-1766), in tU establishment of which he was acUrei 
and, in 1602, on the death of Lieutenant Goremor Phillips, he succeeded him 
as Pkesident al its Board of TVnstees. He was called to Cambridge to fill tlw 
BMSoekPkolessorsUpol Hebrew and other Oriental Languages. Thispositlon 
he held Irom 1766 tm 1606L In 1600 he wss elected a member of the Corpora- 
tion to sneoesd James Dowdoin (U. a 1771). On the death of President Wil- 
lard, whom he aspired to succeed. Dr. Pearson was appointed Acting President 
oltheCoO^e. A Calrinist, he was a minority of one in the Corporation and 
stren^y opposed the elecUoB of Henry Ware, in 1606^ to the HoUis Professor^ 
ship of Dirfaiity. When, therefoie, in the following year. Professor Webber, 

alao a Uaitarian, was preferred to himself for the PhMidency of the CoUege, Dr. 

Bnrson resigned both hU Proleswrship and his seat in the Corporation. His 

aetire interest la the establishment of the Theological Seminary at Ando?er, 

fai which 1.0 was ths first Professor of Sacred LIteratuie, in 1606, is weU known. 

la 1609 be reeeired the degree of LL.D. from Yale and the College of New 

Jeisey. Hewasamemherof the MassachusetU Historical Society and a Fellow 

al the American Academy of Arts and Sciences of which he was Corrssponding 

Secretary. During his oAdal residenc e in Cambridge he occupied, for a time^ 

the hoare now numbered 60 in Holyoke Strset, ai the north-easteriy corner 

of BoljolBa Pteca, lormeriy the home of President Holyoke and, hiter, of his 

vidow. In 1793, Dr. Pearson bought and occupied ths Holmes Place. (Hid- 

dlcaes Dssds, eriL 6ia) HU first wife was Prfedna, a daughter of Preeideni 

Holyohe, whom he aanried, at Andorer, 17 Jaly, 1760 (Aadorer Town Records). 

8be«adatAadorerS6Mareh,1781 As his second wile he married MimBrom- 

Md, amarrard, SO Septamber, 1766. Dr. Fenrson died 19 September, 1666, 

' ftaai Ui haaw hi Har?aid, oa a fMt to the Rer. I^hraim Abbot* 

Madl ttat ii fateaatfaig 



ha read ia her daaghtar 



eoaeeraiag Mrs. Greene, after her BMrriage, may 
Mn. Amoiy^ D oaiii t io and ArtMo'Lifb «f Mia 



iCi 






■ i 
^1 



Doarea, AprM T*^ 1T87* 
Mr DEAR H* PBAB60V,— I know it will gire yoa pleaaore to hear 
that I baye had a letter Irom my too Heniy by the FebP^ Paeket— he 
waa then in Loodoot and gi^ea me the moat pleaaing aoooonta iespeet> 
ing ray son Copley and hie dear family— I ahall transcribe what be taya 
of my Grand Daughter Ellia aa his pen will do raote Joetice to her 
merit than any thing I can eay on the eabjeot — 

•• Tour Grand Daughter Betsqr !• growing a rery fine Girl* she is reiy 
handsoms^ bat her disposition surpasses erery praise I can bestow upon it, she 
has shewn an extraordinary taste in making artificial flowers, with which she 
has decorated an alcore in her fsther*s House, and has executed them with a 
taste so charming, and with so much nature and truth as to deceire ereiy p e iso n 
who has seen them — The following rery pretty lines wiU afloid you soast 
pjessare— they were wrete by Councillor King* and add w med to MimCoplyt 
en seefaig her alcore of Flowere :— 

1. 

Hall mimic Art whoee nice conceit 
With just proportion fires the mind 
Whoee plastic touch with skiU fspleta 
So near allied to truth we find. 



A Copley^ pencil bids us know 
Of Iniman Art the wondrous powV 
If Pierson'i fate in paint can glow* 
l¥hy may not bloom the mimic flower? 

the minister of the church in Grsenhmd, New Hampshire, who had married hia 
daughter. Dr. Pearson's portrait, painted, in 1616; by Samuel FInley Breesa 
Morse, hangs in ths Library of the Tlieok>gical Seminary at Andorer. There is 
a more lifelike portrait in the Hall of Phillips Academy, Andorer. (Spragne's 
Annals of the American Pulpit, ii. 126, 161; Winaid's Memories el Youth and 
Manhood, i. 156, 106-106, 900-206, and iL 176-170; and Kourse*^ History el 
Ilanrard, pp. 166, 601.) Cyi aaie,itt. 177-170; and HistoriealCoDeetioosol the 
Essex Institute, UL 60. See also Professor Edwards A. Farfc*s Addism on Dr. 
Pearson in The Congregationatist (newspaper), of We dn ee da y 6 July, 1676, 
XXX. 911 ; Eliphalet Pearson at Andorer, in The Unitarian Beriewand Ballgious 
Magasineft>r August, 1676, X. 106 sTsey.; and Dr. CecQ F. P. Bancroft's article 
on The Grare of Dr. Pearson in the Andorer Townsman (newspaper), Ho. 40» 
of 14 September, 1666^ which contains much that is iatenstiag eoncsraiag this 
remarkable man. 

I am indebted for this note to our associate^ Mr. Henry H. Bdes. 

1 Edward King; F.R.SnF.S. A. (C178&.1607), a misoeQaaeout writer in prose 
and rerse, and a msmber of Uacobi's laa, i^ was called to the Bar ia 1766^ 
probably was the aathor of these lines. 

• See Letter olJohaSiaiJeloaCoplfly, Jr., aad Mr. PMtit^BeBNrinthMeen 
al the Stated Meetiag in Maroh, 1606^ jMit, ppi 91M16b 



THB ooLonAL •oGiBrr or MAaBAoammrBL [Fi 



Bright maid from «Mh a parent ipnnif 
Katm in thee behokit her Child, 
WiMther jo« form the tendrel fomag 
Or deek the ehoot with beenfy mild. 



Bid flora aeen thy ga/ Aleorv 
The wahihlfei offspring el th j Art 
Thoee BwUow'd tinte that claim oar tora 
To them their fragraaoe she *d impart. 

She ii now my papil in Puep e ct ife and Geographj for both whieh the hat 
graal toudiwi, and leame them with great lacility and eaee. I ehall soott 

the plearing taik off teaching her the radimente off Aatronomy. Joha 
Ifaiy are both eeneiUe good ddldren — Thej wore at home lor a lew di^ 

mgr arrival and are now retnmed again to their Sehoole.'* 

I make bo apology lay dear Mads lor tidi long paragraph as I koow 
the goodncaa ol yoor bwt leada yoa to partake ol tiie bappineaa of your 
frieoda— I hope your health ia perfectly re-ettabliabed, aaaure yoa 
I was rvj aaxioM for yoa, and rejoie'd when I heard yoo waa recorer- 
faig — I Iwre Mi aeea yoor Father or Brother thia aooie time, hope they 
•re well, beg yoa will remember me kindly to them and to He Rogera,' 
lira. Startfai* and yoor aiaterBetay— I hope now the apring ia ad^-aoo- 
faig yoa win riait Boaton, I ahoold be glad to aee yoo or any of the 
famOj lo whom I am boond by tender tiee— My health ia much aa 
oooal bat my limba faQ am Tory moeh, thaak Ctod, I am free from aeote 
pain, and the teodeneaa of my ChOdreii and knowledge of their wel- 
fare alleriatea ewtrj omatal pang— I ahoold be glad to hear from yoa 
and thaak yoa for yoar kat kind letter whieh I oaght to bare notie'd 
oefofv. 

JlyUnd regarda la llrFBarMa whom I ahoold be kappy to aee — 

I am with atoeeva 

Eataem yoara 

IIabt PkuiAX. 

* flee jMtf, p. flQf NoTe S. 

• Mn. fltartia wae flarah Oarke, a daagfater of Richard Oarke aad drtar of 
MrkCaphy. 8he wae bera In Boaton f April, 1700 (Boitoa Town ReeordeX 
aad wae mairled to ChariM fltartfai (anff, p. 900) S5 April, 1771(Reeofdeof Uw 
Chomh fai Brattle flqaareX their Intentkm of Harriaga baring been pablidied 
oa the thirtiiath el Umik, preeeding (Bertea Town ReeordeX Mr. Aignetaa 
T. fMkiiL hi A flhalah ef tiw lifo aad a Lkt of aome ef the WeriBi el Mm 



18M.] 



209 



t 



t- 



On tfio twenty^iiiith of April, 1789, Bin. Pelham died in Boatoo, 
having lived to aee ber aona Copley aiid Heniy Pelham well estate 
liahed in their profeeaion. Her aioknew and death^ are refanod 
to in the fdlowing letter of her etep^on and ezeoutor: — 

Boeioa^ ICey 1» 17801 

Sib,— On the S9« UH? M? Fdham departed thia Life, and oa 
Moaday next I paipoae to entomb ber, wbaa waa It praoticable I 
ahoaki have been very glad of yoar Compaay, bot fear whether thia wil 
reach yoa before the Funeral will [be] over. Yoa know the atate la 
whieh aha haa lain near Two Teara, ao great pereeptable aiteratloa took 
plaiM till within tbeae Two or Three montha, in whksb time ahe grew 
gradaally weaker and weaker till within a Week of ber death when ahe 
annk into a atopor anffering great pain and diatraaa, tbea gave op life 
without any atmggle: thoa haa the good old Lady left aa, rather to 
oongratulate than bemoan her deliverance from a very loag and alawat 
nninterrapted courae of miaery. 

flingletoa Copley (p. 100) deecribee Copley'e nnflaished portrait ofUn. fltartia, 
whom he erroneonelyeaUe** flarah Copley, a sister ol the artiat.** Thiserroris 
corrected, howerer, ia the supplement to Mr. P^kins*s book (p. 14) which ww 
•abseqaently issued separately. In Mrs. Amory^ Uit of Copley (p. 940) is a 
reference under daU ol 1 l^tfch, 1808, to a drawing ol Mr. fltartia, aad to a 
portrait ol him whkh Copley was abont to pahit Irom it. A letter to Mrs. 
fltartia. dated 90 July, 1707, Irom her nephew, John flingletoa Coplesr, Jr., 
alterwards Lord Lyndhorst, is printed at length in Mrs. Amory^LHed Copley 
(pp. 170, 171), and is referred to in AUIs ol Lord I^rndharst, by fllr Thsodom 
Martin, p. 08. 

' Her death and Inneral were thas ^"niMinflsd In the Boston GaaetlSk Kb. 
1801, ol Monday, 4 May, 1788 :— 

-Died.] OaWedaeKUyhUt»Mn.UM7PelhMi.wido«efMrFMirPenMMa.lalsef 
tUs toim. and BMther te Mr. Coplqr. Her foettal wiU be alteaM this alWcaesa. at 
Foar o'dodc, Ihm her dweUisg heoM. at Kev.Boiloa, whea aad vheie kef. Mr. Cbp. 
Iqr*!, and the laally's friMMiii sad eeqaahMaaec en dsfiied to giaee the pmessriea.* 

The Trinity Chnroh Register ol Burials ooatatas tUs eatiy t — 
•'1788,lCigr4. M9.MoiyFenMia.7t.* 

Mrs. Felham's Win, dated 91 Angoet, 1787, was prared 11 May, 1788L Her 
Baeentor was her stepoon, Charles IVlham whom she charfsd to take cars of 
the real eetaU in Boston behmging to her eon Copley. Legaeka ware left to 
her Baeoator, to his daughter Harriot. — «• my god-diiaghtsr,'*— to «• my good 
MMdMereyfleoUay,** and to John Allen d Boston, taihtr. The leeldae ol the 
oitoU was eqaal^ dirided betwoea her soas John flingMoa Coplsy and Henry 
rislhaBi,«bothaowiasldentfaiBarope.** (flaiolk Probata nis% Mew 18^988.) 

14 



»* 1 



07! 



fl« 



THE OOLCmiAL •OCDTT or MAMAOHOSBTn. (Fbb. 



laM.] UB WnXIAM FEPPntBBLL t ttB 



Thm b te the bowa tone pletoM and JOss SeoUaj' thinks toiM 

•Ckir tiiiii0s belongiiig to jo«. I tkaSi be glad jroo woaW tnd me ab 

MQOQMl or llienh and jroor otdeta ooooerniog Ihtm, which tball be ob- 

MTT'd wilh em aad ptuetwailj. AIj beet regMda widl oo joo, being 

Sir Yoor noet obedient 

hna'Senr* 

Hn«r Bnosifiius BiqP Cba? PttHAM. 

• 

One of Copley's earliest portraits repiesents His. Msigsret 
(FsTerweatber) Bromfield, tbe flist wife of Heniy Dromfldd of 
ioiUM snd of Harvanl, Msssachnsetts. She was s daughter 
of Thomas Fayerweather, a Boston merchaat, was bom 19 March, 
ITSi, and married Cokmel Dromfield, 14 September, 1749.* She 

i Thb mi Ui« Merey SooUay. wliow gUl of H«iy PUbwn'i Ma|» UJn. 
k»d to tta Hhtoftal Soeto^ WM fqwrtwl at a -eiUng hdd 17 Aujurt, 17SS. 

(1 rtDMeding* a the UaMMsboMtto Ilblorieal Soetety, L 8T.) C/. Ux*. 
Amarf* DooMtk and Aitbtie Life of John SlngMoo Ce|iley. B. A^ p. S. 

IUh 8eoU^ *•• the only mnaiTied daughter «f John and Mary (Graea. 
baf) SeoUw. She wee bom la Botlon, 11 September, 1741 (Town Beeorde). 
Md died at UedOeld, Itoewchuwtt., 8 JaauMy. IBM, atthe ege «* »♦ /"^ 
(Beeoideof the Chnwh ia BiatUe Sqoaie. Boetoo 5 a«d greteetone at MedMd) 
Mta SeolUy iw- betwthed to Gei-ral Joeeph Wanw at the Ume of hU death 

•t Banker Hm; aad We two yoanger ehUdrea wen afterward. pUcedin be* 
liUher'.fa^ly«iiderher«p.rtle«Uircaie . . . • •» "^ "*•* f^!** '*>T*\ 

ss ftrfr^nority. Ml- 80011./. "'rL^^JLirB.^'ihrs;^ 

Cbarfa. Nham CortU (H. C. IMl). • •J"*^' «^ ^^S^^^ZH 
•(the letter la ow tort. See letter of SamaelAdaM to Fwthiagha.. Ufa 

ari Timee of Joeeph Warren, pp. 648, M4. h„--i, 

. Boeto. Town B^orde. Colonel B,o-«eid'.«eoad irtto~»««J 

Clarhe. daasbter of BIcbard Clarke, merchant of Boeton, ''^J* ."TT- 
iTSLnSrTTW (B««d. of the Cba«* to Bratll. Sj-^^ 

tor^Mk B»>m6eld. bon^ 1» Anp-t. 17M. wj. «««. ^Jj^^^J^ 
the Ber. Abiel Holm... M J«.-«y. 17P6. to »^« "^^^^T^!^^ 
the rmkUatherof thehtoDr. DmiM 0«.Uo. "^•^^iTTirji 
mrfSmbrMg. To- Beeerd.). M«>eb>gt^O^Jf.<^^i^ 

I^irfhmet. ^ preemt at thb i.,rtoy whM. ^ ."^ I^.^ Sl!^*^ 
^iip«le,of the Hol-eehoaee then ooeap»edbyI^«fe-orBI^ 

vZa DenlN. Begen wa. bom to E«eter, »•"-» !*•'•?!;*» "™ 
m. UOrtobw. ««, AMgril (bom 11 April, VTSt), daagbt» of Heniy ftwa- 

Sw kir.--». Ka-i-fc B'«^M' - aboraifatod. <M*y^lg"«; * 

Eariaad Hagarina Ibr Maid^ UM, Hew «erba,a. tt Ife. P^T* *i" 
Si:^aM!SlT4y.a». <»«iwBn,h.dHht.H.ala.dGa..aI.ftoalB.fta»« 

te uu, V. M*! and fw im, sxtL as, as.) 



'.i'J 



'^J 



:'' 



':'^ 



• jj 



I' 






! i 






IE 



su 



of email poxt in Biookfleld» Meeenchnietti, wMe on a journey 
for ber health, 8 May, 176L1 Hue piotore ie owned l^ MIee 
Margaret Bromfield Shide, daughter of onr late aaaoolate Dr. Daniel 
Denieon Sbule of Cheetnnt Hill, Maeeachneettee The pietoiv ie 
not eigned bat, by tndition, hae been known ae the work of 
Copleye* 

Ae we hare already eeen, Henry Pelham became Agent for Lord 
Lanedowne*e eetatee in Ireland, and wae drowned in tbe river 
Kenmare, in 1806,* by the apeetting of a boat Hie twin eona 
never married. One of them received an appointment under the 
Crown and died in the Weet Indiee. Thue ended thie line of the 
Pelhame. 

Mr. Abker C. GooDiLLy Jr., referring to Mr. Gay'a paper, 
read at tbe Stated Meeting in January, upon tho engraving 
by Peter Pelbam of tbe Smibert portrait of Sir William Pep- 
perrelly wbich now banga in tbe Essex Institute, said that, in 
commemoration of tbe capture of Louisbuig, portraits were 
painted of Pepperrell, all in red, and of Admiral Sir Peter 
Warren, all in blue ; and tbat botb canvases bung in tho 
Portsmouth Atheiueum tUl early in this century, when tho 
Pepperrell picture was sent to Salem through tho jptenrin* 
tion of the hte George Atkinson Ward. 

1 Kew Ba^and Hlftorleal and GMMtlogieia Rflgltter lor. 1879, nfL Ut 

• Tbeie eaa be Uttle doabt that aont of tho oamraoM wUeh, hMotoloi^ 
hafo beoa olaand at "oar^ Cop^ys* aio, in loalitj, tho work of Hoaiy N* 
haa. Palham, howofor, wat too Toang to have paialod thk portrait of Mra. 

»a ^-* a 

IN WWIBMle 

Aa intoioftfaig lotter writtoa bj Honry FbUuub to Poal Bofoio, SO llard^ 
17711^ aoooifag Botoro of** diahoporablo AotJoBo^faiooiiyhig Whai'otafnifod 
plato of tho io oaUad •«Boitoii Ifanaera," ii prlalad ia 9 ftmodiafi of tho 
Ifiimliaiittr Hiilorioal SooMgr for Jfagr, 1811^ ▼»!• 897. 

* goo eaU^ pw 901, Mlt L 



■VJ 



iu 



coiicmuh •oGmrr cat uAmAoavum. {JlLaiom^ 



laoa.] 



lETTEE OF LOXD Lnn>HUBfr* 



US 



MARCH MEETING, 1890. 

A Statkd Mkriko' ci the Society wm held in the Hall 
"^"^ of the American Academy of Arts and Sdenoes on 
Wednesday, 16 March, 1898, at three o'clock in the after- 
noon, the President, Edwabd Wheslwsioht, in the chair. 

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

On behalf of Mr. Denisoh Booebs Sladb, who was un- 
able to be present, Mr. Edes communicated the following 
letter, written by Lord Lyndhurst, when a young man of 
twenty-fiye, to I^iel Denison Sogers,' a wealthy merchant 
of Boston^ and the greatgrandfather of Mr. Slade : — 

[LoBdoa], April 10 p7f7] 
G«orf»it* 

IfT VEAM 8m, — Agreeablj to prmnise in my last letter tU N. York 
I forwarded by tbe first Vefsel to Boston the Deed signed by my father 
sad mother* ia preicnc e of two penoos. Cap." Lorett^ master of the 



> Mr. Bogen wai eonaeoled by marriage with Copley throagh hit wife*k 
iM^y— the Cfarine. See ami. pp. IfT, ISS^ SOS and SIO^ and mCm. 

• Alter hie lither'a deeth, hi ISl^ Lord Lyndharei eontinned to oeeupy the 
hi Geofge Street^ Hanoter Sqaare, antil hit own death, in 1803. 

• This faMtrament waf dated 17 April, 1707, and ii recorded with Soffolk 
Deed^cieL ISS. On Ui viiH to Boeton,*where he arrifed on S Jannaiy, 
17S«^— the eon broaght with Urn a f aU power of attorn^ (not aeknowl- 
edged) lh»i hie inthar, imperfietiy dated— October, 170ft. It li leeorded 
/IMLdxssiL ISt. 

« Cbptain Jonathan Herridt Lotett. Uie eon of Captafai John, 4th, and 
Wi e rt e th (Hcrrfek) Uvatti wae bem S4 Febmary, 1779, at Beverly, whom he 
«ed SS Manh, 1S44. He manried, S October, 170S, Kan^ Lovntt, by whom 
hehadebfendddran. He wae an energetic and inftnentialdtiaen of Beverly, 
wh«% hnvfaig mtirad Imm the tea, he en Joyed Um titlee of Cokniel and Dsacon. 
hi Hie ha wae an oAeer ef the CneteaMb cenneeled with the FM of 
HBWBwen H 0ovei^* ^iwvev^ auwn Moeoraii 

) 






r 



Veeeel and Cap^ Henahaw* Passsnger who wiU proirs ths Signatnrs 
npon their landing. 

I do not Tery well reooUcet ths Dsed drawn by LowsU' sad esa not 
therefore ten in what it was dsfldent, b«t sfaMsrsty hope that this wiU 
aatiafy the partlea. 

It would perhaps hsTs been batter had they themselTse sent the 
dranght of a deed. Mefe? ICaaoa* * Otia^ were to procnrs a general 
i«leaaefromBolfinoh*&8ooUay.* Ton would nmofa obligs bm 1^ r^ 
mhiding them of their promise * forwarding aooh releases to bm.* 

I Bcaroely know how to repeat my request respeoting ths trunk and 
dog which I left at M" Wheelwright's.* The trunk contains many things 
of Tslne to sie, chiefly books and papers; and ths Dog* is. a particular 
favorite on account of the fair Donor. Any Veeeel bound to London 
might bring them safe* 

Any lettera aleo whidi you may poesess dhnected to me, you will be 
eo kind aa to enckwe in a cover addressed to me at my father'a— 

I find that besides the booke for Judge Lincoln,* there was s csss 
forwarded by my father containmg two prints representing ths Death of 
Major Pierson which I waa to hare preaented b my father's nsoM* 
one to Harvard Cdlege the other to the Academy of Arts " at Beaton of 

I Joehna Hentbaw. * John LoweD. 

• Jonathan Mmoo. * HerriMn Gray Otie. 

• Charlee Bolflneh. * WiUiam SooUay. 

V An intereetingaoooant of Copley^ title to eome twenty aeree of knd on 
Beacon Hill, of hii sale of the property to Jonathan llawm and Hairison Gray 
Otia, and of tbe litigation which followed, may be read in the ••Gleaner'* 
artidea, written by tbe late Nathaniel IngenoU Bowditch, and reprinted in the 
Boeton Becoid Commiaaionere' Beporta, v. lOS-SOS (Seeond edition.) See 

w^t^ p. 208. 

• The identify of thia woman haa not been eetabUahed. She may have been 
acme connection of Jeremiah Blieehrrigfat, Eaq^ whoaebmdabnttedon that of 
Copky. In The Domeatio and Artistic Ufo of John Sinc^eton Cop^y, B. A., 
Mia. Amoiy devotee two chaptera (rUi. and ix.) to an account of jonng Coptey*^ 

vialt to BoaUm in the hope of recovering hia father*a caUte on Beacon IIQU 
and hie travela in America, in 170S. She mentiona hia attachment to a danghter 
of Biahop While, and prinU many of hU lettera written during his sojourn hi 
this country, whence he retimied to London early in 1707. 

• See Mra. Amcry*k Domaatic and Artiatie Life of John 8in«|Bton Copleyt 
R. A., p. ISS. 

M Probebfy Levi lineohi (H. C. 1779.) 

n The annonnoement of this gift, and of its receipt, waa made at a moHing 

of the Academy held on the twenfyUiiid of Anguat, 1707, whsa a vole of thaaka 
toCopley 



. ■■! 



n4 



THB ooLQinAL sooannr or iiAMAOHusim. {Uawom^ 



wUch htit A 
pbet? 

iMft 



amber. Iby I r ei i we it jo« to prMMi Umb ia my 

•BtffMl to be nmembefed pMlloiikriy to Mn Bogen, 
iftHnCaboi* 

I iMMia Dear Sir 

Very eiaoerely jonri 

J. 8. CopiST, Jl 



V 



The Ber. Edwabd 0. Posteb then said : — 

Mb. PBESiDEiiTy — I am glad onr attention has been tamed to 
this (amoos pictore of Coplej*Sy as it illostrates one of the most 
thrilling eyento in the histoiy of the Channel Islands. I was in 
Jersej raeently, and found that PierM>n*s gallant achierement was 
kepi fresh in the minds of the people by yarions memorials of him 
at St. HAier, and by the obsenranceof theanniyersaiy of his death. 
The qnaint little square in wliich he fell remains veiy much as it 
was on the sixth of January, 1781. The Court House with its 
eupolav the plain brick dwellings with their tiled roofs, the gilt 
statue of Oeoige II. in Roman military dress, and the steep hill 
orerfaanging the town, are all seen in Coidey*s picture. 

Ton remember the stoiy. The French invaded the Island at 
dead of night and managed to get control of St H^er before 
the peo^ were up^ foreing the Lieutenant-Qoremor, Cori)ei, 
to aign a capitulation. When young Major Pierson, who was 
second in command, heard of this, he was indignant, and instantly 
refused to entertain the idea of a surrender. He rallied his troops 
about him, together with some of the Island militia, and rushed to 
the marketplace where he made such an onsbught upon the in- 
Taders that they were completely routed with the loss of their 
eommander ; but Pieison fell in the moment of rictoiy.* 



> EOpbalet sad 8t]|j (BromieM) Ptoncm. fiae cnl^ p. SOfi^ sad mI» 4. 

• lira. Ssaiael Cahoi, yomg Coiile3r*t aowia, ii liers ralerrad to. Shs was 
b apUs ti l , St the Hew Nortli Ckwek, Boftoa, IS Ifsicb, 17SS,— tbt dsogbter 
el e aaai il Bamtt (H. C nST), LL.P., sad Msry, dsagfator of Bichsrd darks, 

IiiloatkNiof Msrriago wai poblished in Boston, 26 AngMt, 17S1 (TowB 
u) BssMBl Csbot and Ssrmh Bsnstt wore BMfried, St tbs Ksw Korlli 
Cbvcb, by tbo Bar. Min Elio«» S7 Kovomber, 1781. 

• It is osU llMt St Ibis crltiesl point tba treopa began to wafer, bst soon fs> 
<b^ saw MBp Dmnsraa^ a wslMowwa Bealaasat in tba tasay 



ISSS.] 



BBifABBa BT BXV. IDWABD a POBTEB* 



215 



■^ 



i 



i 






> 



-fj 



With his usual sagacity Copley saw here the elemento of a fine 
historical composition, and he spared no pains to make it as truth- 
ful and vivid as possible. It is considered by many his greatest 
efforti and it has happily found ito prqper place in the Natioiial 
Gallery.! 

Tlie engraving by Heath,* to which allusion has been made, has 
long hung on the gallery-nuling yonder,— as good a place as can 
be given it in this Hall ; but it is in a poor ligfati and nrach too 
high to gain the attention it deserves. 

To us the gem of the picture is the flight of the little group in 
the right hand comer, representing Mrs. Copley, with both hands 
upraised in terror, accompanied by her nurse with a babe in her arms, 
and the smart little Copley, Jr., running for dear life at her side. 

I saw a copy of this painting, by Holyoake, in the Court House 
at St HAier, placed tliere in recent years. I found it a great help 
in reproducing the scene with all the accessories so near at hand. 
An inscription in the square marks the spot where Pierson ielL 
He was buried in the old Town Chureh near by. 

I do not know whether others have observed in TrumbulTs eariy 
battle-pieces any resemblance in spirit and treatment to this 
masterpiece of Copley, but I have often thought that several of 
tlie details in the Bunker Hill seemed to show an acquaintance 
with The Battle of Jersey.* 

miatia, ifiring to the post of danger. Ibereopon th^ oloaed np aad ckaifai 
witii rach f my a« to compel the apeedy anbmiasion of the Freook. 

A branch of thia Domareeq family baa aoqoired distinction in onr Boston 
annala. See New England Hutorical and Gonoaloglcal Register for 18SS, zrU. 
Sl7-a20; IlorakUe Jonmal, ill S7-104; and FooU** Annala ol naTa Chapel, 
a 147, note* SdS, 86S. _ 

> The canTaa waa painted In 178S for Alderman Bqj^l^ gaBify, aad waa 
bought by the Nation, in 18S4, for 1600 gnineaa. 

« An excellent engraring by Cfow, with text, ap^eafi In Pletnraa and Boya! 

FbrtraiU Blnatratifo of Engliih and Scottiah Hiatory, by ThooMM Archer, ISSI, 
ltOS,M. A atill amaller engrafing by Wan«i adoma the UttopNP «* • Ili^ 
tory of Enghmd by Httghea, ISSS^ ToL XTl To aoeommodate hia plate to the 
narrow apaoe at hie diapoaal die artist haa, nntortanatofy, ant off the ignio of 
Mia. Copley on the right aad aeiFeral of the aoldiera on the left. 

• Aa the Death of Pleraoa was painted in 178S, aad the Death of Waiw 
m aad the Death of MontgoBoiy only two yaara later, It la iinlto paaslhia 
that TmmbnU lonnd inapiratioa In Copl^.thoagh ha waa a pnpa ^ Wmk, 
and aetnal^ painted thiaa paat Bofotatioaaiy aabjaati ia Waat'a atadtoi 



•^ 't i 

t 



ne 



THB OOI0nAI» tOOlU'l OV MAMAOIfUBlTl'a. [MAWMy 



1816.] 



miPfAKmi vr mb. hbhbt wnjiAHi. 



217 



Mr. Hsmnr Wiluaxs, baving been caUed open bgr the 
Fkeeident, spoke mm follows : «- 

Mr. Pkesidbxt aud QESTTLKtass^ — I offer lor the aooeptanoe 
of The Cokmial Society of Massachiieetti some leavee from the 
Charter Oak. I can Yooch for their gennineneM, for thej were 
gathered for me sixty yeari ago last aotaiBiit bj mj kinsman, Bishop 
John Williams, of Cmmectacnt I have taken a leaf tnm my old 
eollege habariam in which they were p res e rv e d, and I hare written 
wsdeneath them the words which I wrote at the time on the oppo- 
site page:-* 

« Hetlth to thee, aneieiit tiw I 

Bedel Ibmi eoae eptfk of thiA funli^ 

Bdosfle to aneieoi BMB I " 

It sttn the imagination to think what chronicles the Oak might 
have given ns if Mrs. Sigonmey's wish conld have been realised; 
for its ago when it fell has been estimated as high as eighteen 
hundred or two thoosand years; while others have thooght that it 
was, at that time, certainly one thousand years old. We may well 
believe tiiis latter estimate. Mr. George B. Emerson, who classed 
this tree with the white oaks, sajs: — 

•*Tbose species of oak most aaalogoos to eor white oak, are known, 
ia Emope, to eoatfane to grow and flonrisk for eenlaries. There ara 
oaks hi Britain which are helietvd to have been old trees at the tine of 
Wmiam the Cooqoerar. Some are known which are sappoeed to be one 
Ikoneand years okL'*' 

Inasmuch ss so well-known a writer as Professor Goldwin 
Smith* has thought, incredible as it may seem, to transpUmt tlie 
old Oak from Hartford to Providence, R. I^ it may not be un- 
profitable to recall some fMts in its history, as well as in that of 
the ancient Charter of Connecticut which, aooording to tradition, 
was concealed in iti hollow in the time of Andros. Tradition has 
it that George Wyllys, ~ who was one of the fathen of the Con- 
necticttt Colony, of which he wss Deputy Governor in 1641, and 
Oovenor in 1642, and who settled at Hartford,— before emigrat- 

> Beport on the IVeee Md Shnbe gmwfaif nstarelty te the F^reets d 
M—irkieiiite, Boetoi^ ISM^ p. tH. 

• Tht U n i te im itee; AnOnflhwd BiBtfadmrtoiy,Me>»lSn (BewTorkt 

sndo»i,isie),piei 






V 
r 



•i 



-1 



ing to America, sent over his Steward to seleot for him a site for 
his home in the wilderness. On the ground chosen by him stood 
the Charter Oak, which was then hoUow and very old. It was 
held in great veneration by the Indians, and when Mr. Wylljs*s 
agents were clearing the land for his residanoei a deputation of 
the natives begged them to spare this sged tree. Theysaid: — 

*« It has been the guide of onr ancestors for centuries as to the time 
of oar planting onr com. When the leaves are of the iise of a nMUse's 
ear, then is the time to pat the seed in the groond."* 

[Mr. WiUiams then recalled, briefly, the history of the Patent 
under which the Colony of Connecticut was planted, and described 
the events which led up to the successful effort to secure a new 
Charter.* Continuing, he said : — 1 

There can be no surprise, therefore, that> at the period of the 
Restoration, the Connecticut Colony early took measures to secure 
from the King a Charter which should define their boundaries, and 
settl^ once for all, their righti under their firrt Patent. In their 
Petition to King Charies they state, that the original copy of their 
Letters Patent «*either by fire at a house where it had been 
sometimes kept, or some other accident, is now lost,** * so that they 
were <mly able to furnish a copy of that document Of aU the 
noblemen named in these first Letters Patent, Lord Saye and Sde 
is said to have been one of only two or three survivors at the Res- 
toration ; ^ accordingly, an earnest letter,* dated 7 June, 1661, was 
addressed to him, invoking his good oflkes with His Majesty, 
Charies II., and his Parliament, in securing a Rojral Charter which 
should protect tliem in the rights for which they had so long 
struggled. There were some circumstances at the time which 
seemed unfavorable to the success of their Petition. There was a 

> IfolUeler'e ilijitofy o( Conneetkiit, I SSS. 

• Theio ie an eroeUeai eooooiit of the plantfaig of Ce a neo ri oa t, and of the 

Sret Patent, hi Mfi^j^Hieloiy of Now Eiislaad,L4Se«r«ef. TheteileC 

the Plitent may bo raad in Tramb«ll*k History of Oooneetlont (L 4Sft, ISS), 
whero aleo roiqr bo looad (I* 407 ef eef .) the tost of otiMr origlBal pepen per* 

tafaUng to the eettlement and early sovwnneni of the Oolenj. 

• ThunbaU^ Hiitoty of Ow nee H ea t , i 51L 
« FkOlfojre Hieloiy of Now Eai^aBa, iiL SS0L 

• TMi Letter is printed hi IVmabairb HIelety of C o n neetfa at , i. Sll, HI 



• A 



US 



THB OOLOXIAL SOOZKir OF KABSACHUBBTIS. [If AtCB, 



MS.] 



^ f^i^wmu SY MB* BXmr WlfiTJAMl 



S19 



liol pomiit of the R^cide Judges both in England and on thii side 
of the Atbntio. Goffe and Whalley and Dixwell at fint appeared 
openlj in the Hassachnsetts Colony* but thej were afterwards 
obliged to go into hiding in Connecticuti where thej were harbored 
bj the Rer. Jc^n Davenport^ It was known that thej had fled 
thither, although they had saceessfuUy baffled their pursuers 
This was made nse of bj the enemies of the Colony in England to 
prejudice their daimsi but unsuceessfullyy for Loid Saye and Selo 
was a stanch friend and a vigorous advocate in tlieir behalf; and, 
fortunately for theniv he had advocated Charleses restoration, for 
which he had been made Lord Privy Seal* John Winthrop, who 
had been sent over to England as a special agent to uige the Peti- 
tioQ of the Colony, was enabled, through the influence of Lord Saye 
and Sele, to enlist in their behalf the sympathy of the Eaii of 
Manchester, who was Lord Chamberlain in His Majesty's house- 
hold.* Under these circumstances the Petition of Connecticut 
was presented, and was received **with uncommon grace and 
£ivor,^« and on the twen^-third of April, 1662, the famous Char- 

> Modi iaterettiiig antter relaUng to the RcglcUleii, eontistiiig o( lottart, 
ptpen, and hlogrmpliietl noiieef of the Ragieidet themaelTM and of their eor- 
mp oa d euti, it ooatidaed in the Mather Pkpert (4 MaMMchaeetlf Kistoriosl 
GoOectioai, TliL 192-316 aad iiifM.) Dr. Pfemej bae glren a faU and aecnrats 
aec^aat eC the thTM Rofkidce who iad to theM ihorM, and of their life hare 
(Hittory of Kew EaffaMid, iL 4S5-600, and iiifM.) See ako Stike'e Iliitoty d 
the Three JodfM- 

• A f an aeeovnt of Wmiea FieBnea, flrai Tiaeoont Saye and 8e1e (l^^^l- 
leSS), and of hie roMarkabla career ia to be f omd hi LeaUe fltephea'k Diatioa- 
mj of Ketieaal Biogiaphy, zrliL 439-491 

• Edward Moataga, aaeood Eeri of Maachealar (l^Ot-lSTl), was a eonapie. 
•oaa Sgara lathe hiatoryof hia tine. Early in hie earear he incUaed to the 
Paritaaaida,aad,laratiiBe,oo«permladwithCroaiwelL He oppoeed the Trial 
of Charley howefer, aad aUhoagh aammoned bj the IVoteetor to the Upper 
Doaaa ha rafaaed attesdaoce, aad retired from p^ie lila dariiif the Conmon- 
weelth. He«lookaaaetit«pertia briagtagaboat theRaalaration,aiid,as 
Speaker of the Lofda welooawd the Kfaig on hia arriTal^hiLoBdontSO Ma/, 
ISOe. lathefoOowfaigOetoberka took part hi the Trial of the Regieidees 

' al the Cafoaatioa of Charlaa n.,3S April, ISGl, ha bore the Sword of 
The Eari wai the leeipiaBt of numy aad great honons ha?hig baea 
a Prif7 CoaadOer, Kaii^ of the Garlaiv ChaaaeOor of the UidfinMif 
afCanbridga^aadFeDowoCtheBeyalSoaia^. (IMCBoriiLSaO.) 
^ Tk aai b ai r s Hiiloiy d O wai ii il u B l , L Uk 



*..y 



il 



/5 



1 V 






f,.^ 



H.3 



. u 



■ '"i 



I 



I ■>J 



ter was granted l)j Letters Patent under the great seal of Bni^and.* 
This Charter— 

««eonthiaed in fores to the time of the Berolotkm, and saved Coaaeeti- 
eat from ezperienciag the fate to which Maasaohuactts was sab)ected, 
after the loss of ito First Charter privileges, of a dependent provfam. It 
remained, hi fact, the eonstitntion of the State of Conneetieut nata ISia."* 

[Mr. WilUams then aketched vividly the events which occurred 
after the accession of James 11^ referring especmlly to the loss of 
eorponXd charters — including that of the Citj of London — and 
to the praoeedinga agmnst those of the New EngUmd colonies hj 
writa of Quo Warranto and Scire Facias. He also gave a rapid 
review of the high-handed proceedings of Randolph and Androa, 
and recalled the tradition connected with the conceal m ent of the 
Connecticut Charter.* In closing, Mr. WiUiams said : — ] 

In 1827, Charlea Sprague, the poet, writing to Mr. Buckingham, 
the editor of The Beaton Courier, saja:-— 

«• While hi Hartfoid • • . Iwas gonty, for the first thus, of paying 
my derotlona to the andeot and venerable CkaH$r Osk, from wUeh 
•I piously stole' throe leares and an aeom.''* 

At that time and ten years later, in 1887, when theae leaves were 
sent to me, the Oak waa iHPP»renUy flourishing ; but during a vio- 
lent storm, on Thursday, the twen^-firrtof August, 186«, the tree 
was Mown down.* There are seveial plotuiea of it,— one in 

1 The fan text of the Charier la toHamd-a Stale Papers, ILW-JOS. 

• Chariea Weatworth Uphaa^ la hb Leotare delivered la aooarie bilo^ 
Lowefl laatilate, hi laSO, by mtmbafs of the Uaamshaaatto Hltto^ 

a. 341 

• Tta ftofT «< U» TWt «»< A»*o. to Itetlotd for th. imrpo»^ •-Md.f 

tlNG«T«imiMt«( Coiiii«*tait, to Oetobw, !•«» "j^ ^''V'»!T*" 7^ 
p,M«iw .C an ChMtor Md to eo.fl»tli iM ii t to tti. Clwitot Otk, m» fa^ 

Lift, I IM. ... 

• The In* Ml M 1180 .VIodc to th. Mmtaf. 



1 •( 



I if 






220 



THB OOLQUIAL flOdBTT OF MASfACHUBETTfk [If ABCI^ 



1836.] 



XASLY ubube or wisHDioxoy* 



sa 



Emeiwm*! Trees of MaMtchiuettB,* bat it was taken before the daj-s 
•f kodaks and snap shots, and it does not give a conrect idea of its 
greatsize. A few years befofo it fell* twenty-seven good-sized men 
are said to bare stood in the hoUow of its trunk. About the same 
tine some hyys built a fire in this eaTity* and it was feared that this 
would be the end of the venerable tree ; but, as great pains were 
taken to presenre it, it survived a few years kmger, and when it was 
blown down fresh aooms were growing on many parts of it There 
was a universal feeling of regret among the eitisens of Hartford 
when the tidings spread that their ancienti historie tree had at last 
fidlen* At noon Coit*s Armory Band played a diige on the spot, 
and at sundown, throughout the city, the bells were tolled, to give 
expression to the eommon sorrow. 

I do not know how it may be with others, Mr. President, but 
these visible, tangible memorials of the post, — such as the leather 
pouch of bullets which was found, k>ng after the American Revo- 
lution, concealed among the rafters of an old church in Lincoln,— 
the sight of which would quicken tlie pulse of any antiquary, and 
which were brought here by our associate, Mr. Porter, to illustrate 
his graphic paper on the march to Lexington and Concord and the 
retreat to Boston, on the eighteenth and nineteenth of A[Mil, 1776i, 
— touch me more nearly than many a page of the printod record. 
And so these faded leaves, which carry us bock through all the 
struggles of the Connecticut Colony and to a dim and uncertain 
antiquity beyond, — long before the white man set his foot on these 
shores, — may find a pbu^ in our Cabinet, and have an interest in 
the future, wUeh may make them worthy of the Society's acoeptance* 

Mr. Henet H. Edx8 said that be had in his possession 
the original Search Warrant for the arrest of the BegicideSi 
issaed by the Connectacut authorities on the eleventh of May, 
1661, and the original Third Writ of Quo Warranto against 
the Connecticut Charter; and that he should have been glad to 

* A Bepoii en the Tnm tmi Shnbt gronrlng Miteff«ny In the F ere ete o< 
MaMMhnieCli, erlginnlly pnUWMd agmeiilily to en erder of the LegUletnve 
Vf the CnBHlilii d ZoSloelenI end Botenicnl Snrvij of the Stele (Seeond 
im), L iMhif 14a 






^ '1 



.•« 



^1 



bring them to this meeting for the inspection of the menw 
ben, had he known befotehand the rabjeet of Mr. TTilliame'e 
paper. 

Mr. S. LoTHROP Thobkdikb communicated the foUowbg 
early letter* of Washington, hitherto unpublished : — - 

DBAS Madam, — When I had the bapplaees to see you last, you es« 
pmii'd an Inclination to be informed of my safe arrival In camp with 
tbeobaigethatwaseotmstedtomyoare; But at the same time desirwl 
it might be eommunicated InaLetterto somebody of your aoqaatotanoei 
This I took as a gentle rebake, and polite manner of forblddhig my 
oomspondiDg with you ; end conoelve this opinion Is not ffly foundsd, 
when I reflect that I have hitherto found it impractaoable to engage one 
moment of your attention. If I am right in thU, I hope you wiU exeuss 
the present piesumption, and Uy the imputation to elateness at my m^ 
eessful arrival: If on the Contrary these are fearful apprehensions only, 
bow easy is it to remove my suepidons, enUven my eplrits, and make 
me happier than the Day is long; by honouring me with a eorrispoa- 
dance which you did once partty promise to do. -please «» m^-X 
CompUmenU to Miss Hannah, and to M'. Bryan to wh osy I sh stt do 
myself the pleasure of writing, as soon as I hsar he is retamed fiom 
Westmoreland* I am Madam 

TT.o.tOb^l'.yr-o.tHrS-^. q. ^,«„««.. 

Fort C«mb«laad it WOb CiMk ) 

Ur. Thobhdid alio communicated the f ollowbg paper : — 
jr«iMraw(itM bf Un. Bwrlom JK SarrUem. 

Lettar written by CoL a«>rg« WwhlngUm to M«. 6mh F»lif« el 
Mtoir on th. Po*an«o, iajototog Mt. V«Don,-tl.. •-* •L^!: 
WUliui JtirUx of YoriMhlw, EngU«d, Hm Pwrtdwit of *«pv« 
Connoa in Vlrglnto, «id drrt oootln of th» tlxth LofdFairfaz « wmih 
w%j Court Mi«. F»lrf«x, • boMtifnl wdbrilltMitwomM, wMb*»«« 
tiy VMhingtoa in lii» bojji ood— •helxiagtwo yo«wliiitM»or--MMlt 

1 InTiM Udia^ !!«.• JommI (HiiUadplii*) tct >*«*'"^ *"!:*•* 
M U» Ma- aate •• Hiia In ow *«•, bnt i« lo-* P>«>" »•»•'«*«••• ""■ 



Ivl 



f ."I 



THB OOLOXIAL SOOnETT OF MABaAOHUSBRI. [ICami^ 

•t dghlttBt* married Oaorge WOliftm Falrf AS, tldMl toa of Ck)l. WU^ 
fkirfax of Bdrolr and beir ezpeeUat of tlie Fairfax titia« whiohf how^ 
treryhe died before lnheriUiig«— tbe title paeeing from the elztb Lord to 
Ui brother Uobert of Leedf Castle, aereotb Lord, theooe to Bryan Fairfax* 
jMogeetfoaof William of BeWoIr, to whom it WMOOoilrmed byPariia- 
ment in 1800. Bryan's great-grandaoa* John Contee Fairfax of FHoee 
George Coonty, Maryland, ie the present and elerentb Lord Fairfax. 

Sarah Fairfax was one of the four beantifnl Miss Caiys of Ceelys on 
the lower James, daughters of Col. Wilson Milee Cary, of whom Anne 
married Robert Carter Nicholas (their daughter married Edmund Ran* 
dolph), Mary married Edward AoriOer, and Eliiabeth, the yoongestt 
married Bryan, eighth Lord Fairfax. 

A letter fkom WasUngton to his early lore, dated Mount Yemoo, 
May 16th, 1798, may be found in Sparfcs's WasUngton's Writings.* 
With her husband, Mrs. Fairfax had gone to lire in England, where 
Geoige William Fairfax inherited his grandfather's Yorkshire property. 
She died at Bath, England, [t November,] 1811, [aged 81.] George 
William Fahrfax harfaig died there, in 1787, both ara buried in Writh* 
Bngton Chureh, near Bath.* 

With this Washington letter of June 7, 1755, to Sarah Fairfax, was 
one addressed to CoL William Fairfax of BelToir, announeing the young 
Colonel's safe arriral in eamp with the £4000 he had carried under guard 
ftom WUHamsburg for the use of the troops.* •• Miss Hannah " was the 
youngesi daughter of CoL Fahrfax of BelToir. She married Warner 
Washington.* 

These facts are contributed to Mr. Thomdike by the great-grand- 

■feoe of SaOy and Elisabeth Cary upon her father's side, also greal* 

granddai^ter of Bryan, eighth Lord Fairfax,* through her mother. 

CoMSTAiicB Cast Habbisov. 
New Tofk» Februsfy 18, 188i. 



^.': 



1888.] 



.«:ir It 



V01l*8 AJTAOmilUT fOE lALLT OARX; JSg 



> Thty wm married 17 Deeeoiber, 1748. 

• Span's Life and Writings of WMbington, zL 2». 

• Fairfn died 8 April, 1787 (Keiirb Feirfent of EngUad sad Ameriea, 
P.S1S.) Thedmiehat Writhlingtoa,8oBeree«ihire,lsdedieatedto8t.Mary 
Miflalea. Fairies wm boni hi the BahaaHO, la 17SI. 

• Tide letter ie priated, iW. IL 77; fee abo L 88. 

• WanMT Weehiagtoa»eld«t eoa of Joha, theeldaet son of Lawreaoe Weeh- 
la-fman to George Waehington, who was eoa of Aageetino 
LawienooWeehiagton. (8parin*eLifeaadWrith^eof Waeh- 

i. 84& 848s tt. SIl aefe.) 

• For aa aeeoual eC the Fairfax fnU^ see 8parin> Life and Writbgi ef 
LltefMf^; 1LUrM,m$tm,im,mmf aad KeOrto fkirfioos el 






V ^ 

!■;■' 

-■I 






« 1 



[■■• 

I 

1 

I '' 

if 



! ; 
J* 



I 

* 
i .1 



Mr. Hbvbt H. Edi8 called aitention to an artide written 
by Mrs. Harriaon in 1876/ in which abe apeaka of Waib> 
ington'a attachment for SaUjr Gary : — 

** The chroniclers of the Fairfax family have always asserted positively 
that to this one of the Miss Garys, [Sally] la belle dee beUes, Washhig* 
ton offered his heart and hand, to be Anally superseded by hb friend and 
comrade, Fairfax of Belroir. 

** Inringgiree a different rerrionof this story, asserUng that Washing- 
ton's tendresse was for the younger sister of Mrs. George William Fair- 
fax, whom the bride brought back with her on a Tisit to Bel?ohr. Bishop 
Heade« qnothig from a paper of the Ambler famOy, says that the sister 
whom Washington sought In marriage was Mary Cary, afterward mar* 
ried to the wealthy Edward Ambler, Collector of York Hirer, and owner 
of Jamestown Island. In the face of this distinguished e o ntro re r sy , wn 
can only continue the story of Washington's wooing, as it haa been 
handed down to ua. When the young gentleman mustered up his cour^ 
age at last to ask for the hul/s hand. Colonel Cary iew into a great 
rage, and answered that, if that was his businees, he might as wdl * go 
away the same as he came' (vAis Sally's diary), for hb dai^ter had 
been accustomed to rhie hi a coach and four." 

In a footnote Mia. Harriaon adds the following intereatuig 
atatcmeiit: — 

** It is fair to say that papers whidi have nerer been giTcn to the pnblio 
set this question beyond a doubt. Mrs. George WflUam Fafaf ax, the 
object of George Washington's eariy and passionate lore, lived to an 
advanced age hi Bath, England, widowed, childleee, and ntteriy faiflrm. 
Upon her death, at the age of 81 , letters, still hi possession of the Fah^ 
fax family, were found among her effects, showhig that Washfaigton had 
never forgotten the hiflnence of his youthful disappobtment" 

From a recent correspondcnoc with Mr^ Harrison and her boa* 
band, it appears that she baa modified her opinion, in some respects, 
as will be seen by the following extract from Mr. Harrison's Icttert 

> A Littie Ceoteoaiel Ledy« by Oonstanoe Caiy Herrieoa, la 8eribaer')i 
Monthly Magerine lor Joly, 1876, sU. 808» 810. Mie. HerriMm u o ntitb u t o d 
another iatereetfaig artiele on SaUy Caiy, eatitled A TVue Oolonhd I>Ma% to 
The Ladiee' Homo Jboniel for Match, 1888, xiiL S, 8a (y. Conwigr^ Banna 
d the fttomaek and the Bappahaanoek, pp. 81-81^ 87«^ 87L 



• vi 



fU 



THB OOLOHIAL SOCOBTT OF MABSACHUSETTS. [Maboi, 



** Tktn It SO crkbooe tbftt George Washington t?er mw SwXij Caiy 
wli after abt had becone the wife of hie friend C^rge Williani Faiiw 
lax who had hinnelf, pfobab!/, owi her in Wiilianeboig when he waa a 
■eaber of the Boom of Bngeeeca* There ie no eridenoe that Oeorge 
Washington waa hi WiUianMbnrg« or anywhere on the ** Lower JanMa,** 
prior to 8aD/a nwrriage; and 8lie» qnite eertainl/t waa nerer north of 
the Rappahannock Biver before ahe cauM to Belvoir aa a bride. And, 
thoogh mj wife waa ouee of the contrary opinion, ahe now asks tm to 
aay to jon that ahe haa oosm to belioTe ahe waa then k erfor." 

There can be no doubt* however, of Washingt<m*s attachment to 
UiB. Fairiuc, albeit it began after her marriage to hia friend, and 
the letter which Mr. Thomdike haa just read to us, to saj nothing 
of thooe mipabliahed letters of later date of which Mm. Hairiaon 
writes, bean eloquent testimony to the truth of this statement. 

Ifr. Edx8 then exhibited an original letter of Martha 
TTaahington to General Knox, and the' General*! reply. 
Thqr ar« ae foUowa: — 

ll"* Washington presents her eompUment 
-nts to General Knox and begs his 
acoeptanoe of two hair netts. -—They 
wonkl hare been eent long agoe bnt 
for want of tape, which waa neeeeeaiy 
to ttnish thea^ and which waa not 
obtained till yesterday.— 

ll?wb«fh Msieh the f» 178t 

General Knox, haa the honor, to 
preeent his nrnt respectful compUoMnl^ 
to IP WaaUngton, and to aasnre her 
he is deeply fan p te s ssd with the eenee of 
her goodnesa, hi the f aror of the hair>neta, 
Ibr which he begi her to aooept of Us 
efaMsrs thanka. 

Wait peiai f» tfsieh "St. 

Hr. Amncm P. 0. OaiFFnr, whoee oflkial dntiee in 
WaeUngtoii p wvo nt ed hltatteodaoce^oonimimieated,throagh 






1 



I 



''4 









TV k 

r 

. < 



f ■ 






■*1 



'^.' 



laie.] 



HIRED MAX AUD HELP. 



Mr. Edes, a copy of a part of Waahington'a Military Becoid, 
now in the War Department, giving the Muster Bolla of 
troops raised, in 1778, in the Counties of Berkshire Wor- 
cester, and York, in the State of Massachnsetts.' 



Mr. 



Matthews read the following paper : — - 

HIRED MAN AND HELP. 



An English trsTeller, alluding to this oonntiT, lemaiked. in 
1820: — 

•'There sre also some ezpreeskNis the original applfeatk>ns of whieh 
I hsTS not been able to diacorer. TheeelniasteaU AnMrieaniaae,and 
will sabjohi sons examplee. . • • Hired GM for Senrant GiiL Hired 
IfanforSerrantlfan.''* 

More recently Dr. Fitzedwaid Hall, writing on the term •« hired 
man,** said: — 

*« Of this expression, a strange seeming one, its meaning considered, 
what la the historj? OrdinarUx, I beiiere, It is regatded as a euphem- 
ism; and each it now is, onquestionablx. It appean, however, to hare 
been, with ha, originallj,eomethhig quite different ... I haidlj doubt 
that [proof can be adduced] that k(nd women, hired boye, tie., also were 
somewhat aa rife hi the language of our cotonbd forefathers aa the/ aie 
In the language of their deacendants. How aooh locutions found their 
wax hito our phraseology Is a qneetlon whieh awaits sohithm."* 

Dr. HaU added that both Dr. Mnrraj« and Piofeesor Wright* 
were nnable to iMid him **any aasistanoe, ss regards quotations, la 
connection with the terms ** he was discussing. An i^ipeal en the 
part of the present writer to yarions philological, historical, and 
genealogical scholars has met with a similar result, no one being 
able to furnish him with a single quotation illuitratiTe of Ameri- 
can usage. By again calling attention to the term, it is hoped that 

> This ▼alosble eommunieatioa Is r ettcfsd lor pubttsstion'fai a 
the Society's Colleetlons. 

• J. Flint* • Letters from Ameriea, ISSS, p. SSI 

• Tho Kstloo. 9C February, IS April, 1S9S, fadL ISf, KM. 
« Editof4n-ehief of Tho Oxford EngUeh DMonary. 

• Editor eC Tho EngUeh DIaleet DMonary. 

It 



i.'ij 



r 'J 



tms^m 



ram cofUomAL soozKir of icAflSAOHUsvm. [iCAiiar, 

other inrettigftton maj be able to adduce freah eTidenoe which 
■hall confinn or niodifj the concluaiona expreaaed in thia paper. 

The word **aenraiit ** appeaia to haye» at the preaent day, in thIa 
eotmtrjr lour meaninga : — 

(1) Legallj, ^a aenrant ii one who ia eaqdoyed to render per- 
aonal aenrice to hia emploTcr otherwiae than in the porniit of an 
indq;»endeni calling, and who in anch aerrice reniaina entirel J under 
the control and direction of the latter.**' 

(2) A pablic official of high standing maj call himself ^a aer- 
¥ant of the people,** or ^a paUio aenrant.** 

(8) A reUgiona man is called ''a aenrant of the Lord.** 

(4) The imd ia applied to a man or a woman in domeatic 



The first three meaninga do not enter into common apeoch, so 
that practicall J it ia the fourth meaning only which ia employed in 
ordinaij language. If, however, we turn to the Colonial period, 
we find a widely different stoto of affiairs. Then the word was ap- 
plied not only to domeatic aenranta but also to laborers, mechanica, 
appienticea, achoolmasters, secretariea, derka, articled atudents in 
a lawyer*a or doctor*a office, and tolndian, negro, and other alayes. 
The usual terma were ^aenrant man** or ^man senrant** or ^man,** 
«*aerTant woman** or ^woman servant,** **aervant maid** or **maid 
servant** or "^ maid,** > «« aenrant girl** or "^girl,**' ««aervant kd** 
or ^lad,** «* aenrant boy ** or **boy.** Domeatio aenrants were few 
t hr o ug hout the Colonial period, and in the vaat majority of caaea 
thoeo deaignated aa aervanta were employed in other than domeatio 
labor.* 

> TU Aaeriaui and EDglfah CjelofMBdift of Uw, ISeO, sir. 74a. 

* Tboagk Mfw iip l oyBd enpheBitticftlly, <* maid " sad ''gbi " appear to 
ksf« boea, daring Um Colonial period, ni w e ly ihort en ed fbnne of ** maid •el^ 
vaDt*and«aer?antgirl,''rcepeiBtiTd7. See, under dalee of Ida, lesS, 1734, 
ITaS^ 17a8» 178a» 1764, the New England Hisiorieal and Genealogical Register, 
iaia,iiLiat{ BoetonBooofdConnniieionere*ReporCi.ia81,ri.203; the New 
■^gland Bistorieal and Genealogical Begieter, 1982, zrl. 65; Now Jenej 
ANUfSib im, sL 4Sa; J. J. Babeon*e Koles and Addltioni to the Biilofy cl 

Gbneestav FiMi n., laai, p^ 97, sa, ti, as. 

• SnehidiwIliiMiliae the three whiehfonowwafaeoBunon in the Colo. 




rWM Ol mmtt^ oCOTPI OOTvaas Mva, I 

mi Ceoaftqr Weik; wiMee Tteee aM la be 



i, 

B 



'il 



u 









! 

• f 



[ 



5' 



I 






laaa.] 



HIBED MAH AUD HELP. 



m 



It doea not appear that anj aodal atigma waa imjdied in the uae 
! the word servant Mr. J. C. Ballagh, peaking of the white 
nrant in Virginia, writea: — 



4iipoiod of fcj A tij m md w GmdrnT (Feaa^lTMla OaaMfie^ Sl-SI OeloUr, 17ML 
^4/l.) ^ 

"Jait arrivad ... Senraa* Beji and Oiil«, ... among wUeii an Batten^ l^Tloi^ 
HoaM Carpealm, Jojatn, Borben, ac** (/M^4 Odober, 17M, p. S/S.) 

• Aftivad fiMn /retoW, The Ship Kiag of I'wia , Aithar Dariej, Martar:— Baeen 

heaid TUrtj 8EB VAin^ aoaM TndMMo, ai t^hm, Shonnaken, aadthi, W«v«i, 
Ac thi leBuUadar Coaatiy Lads that aiiJwiHai Faiai^ BHiaMn** (] 
Gasetia* ft Oetobv, I7e9, p^ 4/ 1.) 

The following ezlraete, rehiting to SchoobnaMeri, wn both ovidas 
intereeting: — 

AliftfaetoftiMwinofJ.Outer,datadS Jaaaerr, IMS:*. ..mjwm Bobeft, te 
Ue Biaoiityif to be wall edacated for tha ate of Ui cilala, and ba if to hara a bum or 
yootb Mrranl boagbt for bini, thai bath beoa braaght ap ia tha Latia School, and that 
ha (tha Mrraat) than coootaBtlj tand apoa him, not oal/ to toaeh him bio booka, oithir 
hi Eagliih or Lrtia, aeeofdiag to bio capacHj (Cor ajr will ii that ha ihatt lean bath 
LatfaiaBdEBS^iih,aBdtowriteKaBdaliotopceMrTehinifrea hani and ^om doi^ 
etiL*' (ViigiaialfagasiBeof Uiitotj and Biogfaph/, 1894, iL 1964 

In an aooonnt drawn vp^ in 1750^ bgr the Thtsteet of the FbOadelphia Aead> 
amy (now the Unlremtj of PennejlTania), we read : — 

"The Deaefiti expected fro« this Xaetltatioa, are: ... S. That a Kanibrr ef the 
poorer Sort will berebjr be qaaKSed to art ee Sfhoohaiitwi ia tha CoaoUy, ta Hach 
ChihlreB Beadiag. Writing, ArithoMtic, aad tha Giaauaar of thoir MeCber Te^pe; 
aad bebg of good mofaltaad kaowa character, may bereooaunended froai the Acadeaij 
to Conntrjr Scboole for that parpoee; The Coaatrj oafferiag at prereat vaij aaeb for 
want of good ScboolnHetert, and oUigd freqaeat^ to eoq^lojr ia their ScImnIi^ ridoni 
iaiported Servaata, or cooeeeled VKfktM, who bj their bad FriaplM aad laetiattluBi 
eHea deprave the Monde or eorrapt the Prindplte of tha ChOdren aader their Gmo.* 
(Miaalee of the CoBBMn Oovadl of tha Ci^ of FhOadelpMo, 1947, ppi it7, Uai 



In a eermon preaehed in 1778, the Ber. Jonathan Bonehnr eaidi— 

<* What ii itm leia cradible ii, that at koit two tUidi of tte little 
eeiva are deiired from iaptiaeton, who are either nromTsn aanrAini^ 
rvuwa. . . . Wbea I aaid that two thirda of tha pertoaa new eaiplojad ia MarTlaBd in 
the faMtraction of joath were either ind e n t e d aer ra nti or eoarleta, tha 
made qaite at raadowi, aor withoat aaaach p reriea a aatheatJc i a forM al ie a aa tha 
of theoMewoaldadiaitof.'' (AViewof theCbaaaaaad 
Bavolatioa, 1797, pp. 199, 194, 199.) 

In 1841, tha Bar. J. W. Aleiander wrote :— 

« It WM cai«o«M7 hi Vifgiab far white Mi 
ferfoarfeaiik Hy p wd l a tb ir naed to ga to Ba hia iere aad biy aneh. 1W ef Bf 
ftaher^ earlj aehoolaitoliie were weB adacatad yagWibaiM ef thii dMn" Ift^T 
TeanT fkayUar Letting 19911 L aS94 



■lite 
ipn- 



BO IBB ooLoiou lOcanT or HASucBtmm. [Uaioi, 

UaM. At tlw iTortb Um WDid 'balp' m applied MpeeUDjr to womn 
a^UMdedUwword'Mmu:!.' while mt the Soath tlw tMn'Mrrut' 
ma applied imlj to Ibe oegro. Fnm tbe tine of Itae BerolnUoD, tbei*- 
fore, ■ntn aboot ISM Ibe word ■ lenrMt ' doe* not leem to han been 
(ODcnlly applied In either aootioti to white peraona of Antrioan bbth. 
Sbce Ibe btrodactkni of toreign labor at tbe middle of tbe eentwj, tbe 
word • eenrant* baa again oene Into general ue aa applied to white aa- 
plojeee, not, bowerer, m a aarriral of tbe old eoUmial word, bat aa a 
re-btrodactioo [ran Euope of a tora rignlfriag ooe who perfome eo- 
called menial labor, and it le reatrieicd in iu aae, exoept la a legal 
•anee, to pereeu who pertonn doneatlo acrriee. Tbe preaent nae of 
the won! baa oomm not only froa the almoat axdnilve eraplaynieDt of 
loeelgnere In domeetle eceriee, but alao becauae of tbe Inoreaae of wealth 
and eeoeeqaent iuarr In lUa ooantiy, tbe growing daaa dlTlaiona, and 
tbe adoption o( mamj Eoi^eaa bablta of living and tblnUng and 



During the Coloaial period dw word "ferTaot" iras q>pU«d to 
two altogether diatinot daasea, — to thoae wboaerredforatennof 
jeaia, and to thoaa who aerrod for life, w in other worda to alaTea. 
The former oooaisted of whits penona of European blood ; while 
liw latter oompriaed Indians, negioea, mnlattoea, and peraona of 
mixod blood. Thua need by itaelf, the word "aerrsnt" waa am- 
Ugooai ; and where amtagni^ might atiae, we find the word quali- 
fied bj the adjectiTe "white," — **white eervants" being repeatedlj 
■llnded to in Colonial Ic^palatiTe acts and writinga, though ooca- 
akmallj the phnaea ■■ En^Iah aerrmnts " and ■* Ciiristian aerranta " 
•ocnr. It is aometimea atatod that felma and politioal offenders 
wen transported to tbe American Ccdoniea to be b(M into alaTsry ; 
bat the idea that tht^ were so scM appeara to be a tnisqipcehen- 
■km. Before the middlo of the aeTontoenth oontnrj, a writer 
nmailed: — 




18W] 



sn 



■'Halitlous tongues hath lapalnd It Boeh I For ft bath beaoa a oon- 
stant report sraongat the onlinarla sort of people, That all those mi- 
vaatawboaraaanttoniyMo,areioldaBBUTeai tAareea the tratb fi^ 
that the Uerohaata wbo sand aerraoU, and have no nantatiou of their 
owne, doe oneij traufem tbtlr Tlaa over to otbara, bat the asrranla 
aerre no longer Uieo the time tliey Utemeelvae agreed for b Engbutd."^ 

" XUelr Servanis,'* wrote Bobert Beveriej, in 1705, » tbejdlatlngnlah 
by the Namea of Slavea for lite, and Servante for a Time. Slaves an 
tbe Negroes, and their Posterity, ftriknring Use ooodltioQ at the Uother, 
acoordbg to tbe Uajtlm, partw tequaur ventrem. They are caU*d 
Slarea, in respect of tlie time of their Servltiule, beeanse it la for Life. 
Servante, an thoae whieh ittrve only for a few years, according to the 
time of tbeb- Indentiira, or the Cutom of tbe Conntiy. The Castom of 
tbe Coontty tekes place open aaofa as have no IndentaMa." ■ 

And in 1T24, the Rev. H. Jonea, speaking of felons, owhoM 
Bocon tiuy bad much rather have than their Company," ssid t 

" Tbsir bring eent thltber to work aa SUvea for rnnkhiaaat. la bat 
a men Notion, for few of then ever llred ao well and ao eaaOy betos, 
aapedaUy U tbey an good for aoythli^"* 

But thoogh (B1I7 serranta of mixed blood wan slsTaa, yet whit* 
servante were not freemen.* When the term of service of a iriiito 
servant expired, he leoeived a oerlifloate of discharge and ha 
** freedom dnee ; " * the receipt of these oonatitnted him a freeman, 
and tbenoeforth he wsa at hU own dispoaaL An *"~'"T[ti"ti of 

> W. Btai««k>« Tii^IaU ImpartUUy EzsaiiMd, IMS, pp. 11, It. 

■ Hiftoiy of Tlrglnit^ ITIH^ book iv., sluptw x., p. U 

•FrearalSteteof niKinls,1734,FP.S>-M. Company afaa, 1^ Mknrb* 
oukriUteodTU: — 

■n* CHt at V^am UtMMfimtti hf AeU «f F 
Uc(i>BdSwmlilaiaMTWiig»; ValoM H* koui »■ 
tk*j u* amrk u i (or mA b Twb al ymn m tk* Jte 
0hUt«4laMmlurMk«|MtiM tteMU«j«MM«i hM feoA an (IbUj tW Pnp- 
*itT W thrir HmMh Joriix O* TIm th^ hmn ta mct* ^ «• en Miraiil. it M 
AdWriMllMBMlaBMlHthMM." ( P W ijItm Ii O i l wfcl Bnn iMMI, It. 4M.> 

* In soBi Colenks » mn, !■ ordn te vote «r Ud oAm, had la be aads a 
heeauB, sod In onUr to Iiudmi a FMsbm h* ami prodaea ev l iliMi tint ha 
was a nanb«r of aomt C««t«falieMa ebar^ I <b aot wi Ihs ward « FMe- 
mnOinlhbrMWitedMMt.brtbfltBMBBMalyBnaa whale Am. 

• Thaa* MMlrtad sesMliaNS •< lead or nMHT. hot ganaaqr e( sMhas sad 
far win g i n rl inn n 



TUB ooisjonAL Bocasrr m MAMACBvum. [iLuMSt 



18M.] 



HIBXD ILUr A3KD WBLF. 



the Cokmtal l^gislataon lelatiiig to white tenraati teems cleerij to 
•how thai a dletanctioii was nade between a ** hired servant ** and 
an ** indented servant** Indented seirants served not for wages 
bnt hj eovenant or indenture, and were variouslj sailed ^ cove- 
aant servants,** ** indentured servants,** or, nsnallj, ^ indented ser- 
vants.** On the other hand, servants who served lor hire or wages 
were termed ^^hirad servants.** Thus there were three elasses of 
servants, —slaves, indented servants, and hired servants. Let us 
BOW turn to freemen. A freeman might be a planter doing his own 
work himself, with the aid of hui familj; or he might be the em- 
ployer of labor; or he might hire himself out to another freeman. 
In this Isst case he became a ** hired freeman** or a** hired man.** 
I^ then, mj interpretation of Colonial legislation is correct, the 
work of sstding and of opening up this country, during the Colo- 
nial period, was performed by four cissies of persons:— First, 
the freeman, who, when he hirad himeelf out, was called a hired 
freeman or a hired man; Secondly, the servant who, when he 
served for a term of years for wages, was termed a hired servant ; 
Thirdlj, the servant who, when he served for a term of years bj 
eovenant or indenture, was called a covenant or indentured or in- 
dented servant ; and Fourthly, the servant who, when he served 
lor life, was termed a ^ve. 

With the outbreak of the Revolutionary War the Colonial sys- 
tem of whits servitude began to (M into decadence,' and graduallj 
tiiere came to be but two classes — freemen and sUves. In the 
enmples which follow it will be seen that before 1776 the terra 
«« hired man ** was purely a descriptive one, there not being the 
slightest indication of its having been employed in a euphemistic 
eense; and fai many of the examples between 1776 and 1868, the 
term is still merely a descriptive one, distinguishing the perMm so 
designated from a sUve. When, as a oonsequenoe of the dislike 
to the word «« servant,** a euphemistic substitute for the hated i^ 
peUation was desired, the terms ^'hired man,** ^'hired woman,** 

> JU fali M 1S17 w« ftiid & Bradfc writing; pranmisbly fraoi FhilsdelphU :~ 

ffmnl iii I Willi WW 9i mj Bm tm tM , I wmd m Vaud tU Mp 
kidlf anffiii wHk jmu ymini funtwgtn, to ••§ ill wwM 

■ii !«• firi^ntll. I nW tkt IMMiM of A ITMJ SM MTglS^ 




. ( , 



isn, 



«hired prl,** «" hired boy,** de^ (of whfeh— except the first— there 
is absdutely no trace before 1776) came into vogue, and have r»> 
mained in use as survivals, even though, sinee 1868, they have 
lost all significance as descriptive terms. 
The following extrscts illustrate the use of the term ** hired 



n 



«• Memorsod, tiie zxv* of ICay, 16S9i That Boftte Ekbed, tiis hyred 
servant of Nichc^as SympUns for the tsroM of three yearss from about 
the of July next for 4* p ann. 4 an ewe goat at theod of Us tysM. 
The said Nicholas Sympkins • • . hath, w* and by the cooseot of the 
eaid Boftte Eldred, assigBed 4 set ooerthe said Boftte Eldred vnto the 
said IT Thoin Frence, to seme him all the ramaynder of the said 



"i 



*« Allways provided that if any such runaaway servaats or hired free* 
meo eball prodnce a certilicate, wbsrefai it appears that tbey are freed 
from their former masters service or from any such ingagemeat reepeo- 
tivdy, if afterwards it ebaU be proved that the eaid certificates are 
cottoterfeit then tbe retayner not to suffer acoordiog to the psaalty of 
tills sot"* 

**!% Is Enacted by this present aesembly That whosoever befog a 
Servant by Indentore Shall Convey himeelf or bereelf outof the Service 
of his or her master, mktrles or Dams by ninofaig away or Departiag 
privatiy out of the sf Servio^ ehaU DoabU tiie time of his or their ab- 
seoee over and above tiie Damages and Cost to bs sjodged by ths 
Court . . . And any hired Servant so Departing from Service as 
aforesf shall double tiis tine of his or her nnUwf nil Departure 4 abeenos 
to his or her s^ matter or Dams, over 4 above tiie Damages and Costs 
. . . to bs sdjndged by tiie Court, ... And any one whh* ehaB 
Transport any hired or Covenant Servant out of ths Provlnes sbsHpey 
Double Cost 4 Damage to Uie party Grieved for such ServanU absence 
out of tfie Province, And every hired Ser vant or Apprentice that ehafl 

1 less, Ftymonth Colony Baoordt. 186S, L 1S3. 

• 1S4S, Virginia Statalm St Urg^ 189S, 1. 354. fiiadlir lets 
fo Yfafiaia In 1S66, ISeS, ISae, less, sod 1S7<^ tiM term •hlisd 
oarrhig fo UioM oC ISSSk less, sod less. Hmj sis tiM ea^ 
term known to me. Mr. P. A. Braeo writoe me : — 

•■ A 'hind frMMo' I laht to iMirt Wm «• wiM hM foM I 



ef tiM 



ItA 



to' 



WlwblMO 



of hit 



M 



SS4 THB OOLCnnAL SOCOBTT <Mr MA88A0HU8STnU [HabOS* 

•bMst MMdf OQl Of ite Swrrioe of bto or bar iMtter or Dame, A Dvr^ 

te meh fttetnoe sImJI bt mideot within this Fvoriiioe ibaU doable the 
IfaM of hit or ber ftbMBoe or teriee to hit or ber miMter or Drae." > 

"And bet itt eiMCted . . . Thmt noe peon wbeteoerer ebeU trede 
Btfter OooMrae or 6mm w^ Ml J 8enr? (except hired Serr^) w*io thit 
ptofiooe w?* out LjctMe ftrtt htd A obteyned from hit or berMrMT 
Itane or Oreneera, Tirfr the pentl^ of Two Tboatand pomidt of 

. joQ m ftlto leqidred to take e litt Of the Dftmet of tboee yoQiig 
pefwi^ within the bonndt of yow TowD, Md aU adjacent Farme thoogh 

ontofaaTdwn bonnda, who do IHre from nnder F«nU j Ooremment, 
«li. do not eerfe their Pwenta or Maateit, at Children, Apprentioea, 
hired Serranta, or Jcnmej men ought to do, and nenaUy did in onr 
KaHfe Conntry, being tn^ect to their commanda nnd diadpUne.- • 

••And be U farther Enacted, . . . ThetnoFwreon whataoeter, abaU 
trmde, barter, commeice, or any Way deal with any Senrant, whether 
hiied, or indented, or SUtc, belonging or appertaining to any Inhabitant 
wHUn thit Ptorince, withoot Leave or Licence «rtt had and obtained 
from aoch Serrant'a Matter, Mittrete, Dame or Overaeer, for hia ao 
doing, nnder the Ftealty of Two Thonaand FOanda of Tobacco."* 

••And be R farther Enacted . . . That if any Serrant or hired 
Ubower ahan lay violent Handt, or beat or atrlke hIa or her Maater, 
llletreaa or Overaeer, and be convicted thereof by Confeeaion or Evi- 
dence of hit Fellow Servant, or otherwiee, before any two Jottlcet of 
the Ftece fai thit Provfaice, the taid Jatticct of the PMce are hereby re- 
qniied and anthoriied to order toch Servant or Laboarer to terve hit or 
htr Matter or Miatreea, or their Attignt, any Time not exceeding 8i» 
Monthe withont any Wagea, after hie or her Time by Indentnre or 
otherwiee ie expired, or each corporal Pnnlthment to be inflicted by the 
Handt of the Conttable, or tome other white F^raon, not exceeding 
2Wn« one Strlpee, at they thall in their Ditcrethw tUnk fltttag, no- 
oofding to the Katnre of the Crime.*** 

••» M Acf^^bw CMMfed . . . That every matter of any outward 
ahip or veeeel that ahaU hereafter carry or tranaport oat of thit 



I' ■*» 



188S.] 



HIBXD KAir AHD HELP. 



285 



t 1«54, Aiehitei e« Marybnd, fteeeedtagi and Aete e« the Genwal 

b^, ICM-im, 186a, pp^ SI8, U9. 

• 1661, /M. ^ 6001 

a ia66, Colonial Lawa of Mamadraiitta, 1660, ^ SCO. 

M71I, T. Baeon-b Lawi e« Maryland at Latfe, nil*, chaplw^ 

6 1717, »* l^ettfb Lmm el the ftoHnee el fcath Cawlina, 171% L SIMM. 



V 



1- »: 



►J- 1 



province any perton nnder age,or boogfat or hired tervant or apprentice, 
to any parte beyond the teat, withont the content of toch maater, parent 
or goardian, eignifled in writing, ahall forfeit the eom of flflj poonde.** ' 

•• BUN away the 0th Xnet. from Jawu$ Ifaml of (X^in thit Ooanty, 
an hired Servant Man named John BUnoden^ well tet, of thort Stature, 
black Hahr, fair Complexion, and hat a tmooth Tongue. • • • He pre- 
tendt to bt a Doctor, tometimea a Gentleman or a Merehant, an^ e»> 
deavourt to cheat all he comee acqua i nted with.** * 

••To Oip^ John Dyer Clerk for the Town of Flymooth. Thit may 

Informe that Comeliue Warren of Middleberongh it a hirad nmn with 

me on a flthing voyage and hie family it now In F^ymonth 

•• Tr humble eervant 

••JohnBartletl''* 

•• Thoe are alto the turgeon and hit wife, a ehoemaker and epinttreet ; 
beeidee laboarert and monthly hired tervantt : I think, in all, I have 
npwarda of eighty. . • • Aa f or manuring more land than the hired eer- 
vanta and great boya can manage, it to impracticable without a few 
negroee. It will in no wiie anawer the expence.** ^ 

•* Run away, on the 8th Inatant, from Leonard Ketar, of Merrto- 
oonnty, in the Jereeyt, an Irlah hired man, nam ed Bobert Steward, can 
talk good Engltoh, of middle tice, wdl-made."* 

•* Why, then, wOl Americana pordiaee alavea? Becanae alavee may 
be kept at k>ng at a man pleaaee, or haa occaakm for their kbor; while 
hired men are conatantly leaving their maatert (often In the midtt ol hto 
botlneee) and eetting up for themtdvet."* 

> 1716» Aeta and Beaolfet ol the FkovhMe ol the MamaflhoMtla Bay, 1674, 

it 110. 

• Peoi^ylvMiU Gaaatta, 1$-S0 Kofember, ITSfl^ p. 4/L 

• 1787, PlymoiiCh Town Baoordt, 1803, ii 82L 

« 1741, G. Whitefldd, Worfas 1771, lit 484, 486. 

• 1748, New Jwtey ArehiTW, 180S, zU. 007, 608. 

• 1761, B Franklin, Works, 1887, U. 227. Cited by Dr. Halt The daa^ 
ne« of hOior, the difllenlty ol obtaining aenrMiti, and the eafanem shown by 
servsDta, upon the expiration of their time, to set np for thamsehes, were con- 
stant eomptoints tbnwgbont the Cohmial period. SeeJ. Wbithf«|^164^Uia> 
toiy of New Eogland, 1868, iLS10,230; J. TVlnthrop, Jr., 1060^ hi 6 Massaehn- 
setts Historieal Colleotions, 1888. vifi. 67 ; Sir E. Andros, 1678, in Doounentary 
History of the State of New York. 18S0, L 61 ; 1717, OUal Lsttmel A Spots- 
wood, 1866^11827; CCoUen, 1738, In DcN^mients Behitlte to the Colsatol 
History el the Stale ol Hew Telle 1866» V. 666 ; Sir H. Mm% 1767, hi iM 



\ 



TBS oomonAL mxnxrt cm MAflaAOHUum. [Mabcb, 

•• AbMBled from tbe tenrloe of Peter Ten Eick» Ihriiig opoB Baritoa 
riTir» io the JwMjt, a Datek bind Mrrwii-iiiaiit Moi'd John Eiigle» of 
■iildlt ttetera, w«n Ml, nd lieed, and fpeaki bad EDgliah; be pre- 
leMle to be a ■filer.'' * 



••Tbe Houee befaig tefomed bjr FetitSoB from tbe Hattere, tbtl a 
great Kaaber of boagbt Senranfe are UMj Inliated by tbe Becniitiiig 
Oflfeere bow la tUe Phnrlaeet • • • we beg Leare to ky tbie Grleraooe 
before tbe Ooreraor.' We p re euaie tbat no one Coftonj on tbe Contk* 
Bent bae afforded «ore free ReeniUe to tbe KIng'e Foroee tban Fenn- 
ejlrania. Men baTa been raSeed bere in great nambera for Sbfarlej's 
and Pepperell'e Regbnente, for Halket*e and Donbar'e, for tbe New 
York and Carolina Independent CcMnpanlce« for Nora 8ootla« and eren 
for tbe Weet lodla lelamle. By tbie, and tbe Keoeeelty we are under 
of keeping op a large Body of Men to defend oar own ezteneire Froo- 
tlera« we are drained of oor bired Laboorera; and aa thbi Prorince baa 
bnt few 81aTea we are now obliged to depend principally opon oor Ser- 
Tanta Io aaelal na In tilling onr Lande. If tbeee are talwn f rem net wo 
are at a Loea Io ooneehre bow tbe I Vori ei ona tbat oMy be ozpeeted out 
of tUe Prorinoe anotber year, for tbe Snpport of tbe King'a Armieat are 
Io be raieed." * 

<* SHavery Indeed la eaneelled In tbe free eoontry of Britain for eereral 
reaaona ; partleolariy becanee labour ean be tkert performed by hired 
aerTaativ a p p re n tlcea and Joameymen In each a popolooe place, mocb 
better and cheaper tban la new plentetione, where labooren are acaioe 
and wagea Ac TCfy dear.'* * 

** Nor ahaU any hired or indented Senrant or Apprentice, who baa here- 
tofore gateed, or berafler ehaU gafai any legal Settlement in PBnmylifnnk^ 
gabi any SettleoMnt fai tbia Colony, by Vlrtne of hie or her being hired 
or boand aa aforeeaid, or aeaigncd to any Peraon faibabiting in any each 
C^y, Town-corpcrate, or Townehip or Preobict, anieee Notice be giren 
hi writing, witldn Ten Daya after each HMng or Bfaiding aa aforeeaU, 
to tbe OrerMcra of the Poor of tbe City, Town-corporate, Townehip, or 
VndneU where each Ptreon ahaU cobm to realda, by tbe Peraon who 



of the en- 



> 1751, New Jwtey Arehifw, 1817, zls. 101^ 107. 

• Tbe aoathem CohNdee eoo^bdaed bitter^ dartegthe 
Mbig el white aerfaate. 

■ 1781^ BMnqrhraaU Celealel Reeordi, 1851, tIL 87. 

• TU AmerloeB MegMbM and Mentha Chroakte lor tbi Brillib Cebaiee, 
Ifar,l7i8,p.48i/L 

\ 



1888.] 



BIBID KAN AND BELT. 



ta 



ahall take aach Apprentloe, hfane each Senrant, or porohaaa 8Mb faideated 
Bcrrant, or by the Ptoreoo or Pweona eo Uring, bindbig, or Indentbig 
bin or themeelvea, withbi Ten Daya after ereiy each Hbrfa^, BIndfaig, 
or Indentbig aa aforeeaid.** * 

•• I Tieited Qn Providence, R. L) Jno. Angel, who told'me be waa 
bom In ProTldence, Oct 4, 1691, eon of Jamee Angel, aon of Thomaa 
Angel, who came from Salem with Roger WHltema. • . • HIa grand- 
father be aald waa Mr. Willbune' hired man at Salem, 4 came away 
with hbn; and the Aogvl famfly proeenre many parttealaia reepecy^g 
Mr. Williama.'** 

••Voted To abate te ye Hb«d men thai are not InbaUtante bi Said 
Town tbe Sam Eight SbilliDge & Eight pence of th^ PoU Tax for 
tbe year 177i on accoaat of tbe Extraordinary Charge by Reaaoa of 
Baildbig 4 Repairing tbe Meetbig Hooie bi SakI Town.*** 

'• And be It farther Enacted . . . That if any Peraoa whateoerer, who 
ahall be an Apprentice boand by lodentare to, or riiall be an bbad Ser> 
Tant to or with any Ptoreoo whateoever, who did come bite and ehaU re- 
akle hi any Ci^, Pariah, Town, or Place within tbie Colony, by Meana 
or licence of each Certificate aa aforeeaid and not afterwarda baring 
gained a legal Settkment fai eadi City, Town, Parish, or Place; each 
Apprentice by Vbrtoe of aach Apprentlceehip, ladentare, or Bbidhig, 
and each Serraat by bebig hfared by or eenring aa a Senrant aa aforeeakl 
te aach Pctmhi, ahaU not gate or be adjadged to have any S et tl em en t te 
•adi aty, ParUb, Town, or Place, by Eeaaon of each Appreatleeahip or 
BbxUng, or by Reaeon of aach hiring or eenring tberete; batereiyeacb 



> 1758» & Nerill'i Aete of the General AmemMy of the Pkorinee of New 
Jertey, 1781. H. 218. 

« ini, Norenber 17, E. Stflei, Dbuty.te New England Hletoriod and Gene, 
afegieel Register, 1880, xIt. 81. Asto Angel or Angdl, 8aTii0e says: — 

-A»gcll....ThoeM»,P*wid«K«,eatofthesMUe*iett with Iflgw WOlfaMi, 

•M of tiM frMM. ieS6» Mi MMtebls, . . . Hs cMt ti9m Loaioa. mtmw.m ■f pu s t 
of Rogtr WmiMM,ae «M tnidit. kM b, bet MW. tfa«l. «qr% of Bieteid WiiMMa.* 

(Osatelogicri Dictip—iy of How Eagkad, 1880, L §7.) 

Appaieatly, thewfote, Aagell bebmged te the ekm ef ee rrant s | bat preb- 
ably Saiee had no knowledge ef AagsUli enot posltkia. 

• 177Si Mnddy Rirer and Brookline Reoords, 1878» p. 888. WItb thlseeai> 
pare the f oUowUig, 1777, p. 878, ef tbe earns fobuae i — 

"OaaQewtloa.wtethtftbsTwniwmsteSstbsTtossofPefM: 

me, hi BBailiiwrlpa of «■ 

ea hbe te tUt TWvB, tlMB rsar«-t^ la the aifMlTSb' 



TKB OOMHIAIi POODETr OV M AM ACH UaPlgt pilA»CB» 

AppitDtlee Md Senraat thaU bftTe bto or tiieb SctUcmenU In Moh Pa^^ 
Town, or PlMe« m if lie or tbej had not been bonod Apprentiee or Ap- 
pfontioee* or bad not been an bind Senrant or Senranla to ioob F^raon 
at aforeaald." * 

•* Next again Urea a Loir Dntohauuif wbo fanpUeltly bellerea tbe ralea 
faiddownbgrtbeaynodof Dort HeooQeeireanootberkleaof aeleiigj* 
■Mn tban tbal of an bired man^ if be doea bla work well be will pay 
bbn tbe atipolated earn; ifnoibewiU dlamiia bbn, and do witboat bla 
aeraMMa, and let bbi eboreb be abnt ap for jeara. • • • We entered bilo 
a laige baD« wbere tbere waa a kwg teble f all of Tiotoala ; attbeloweat 
part eat bla negroeat bla Ured men were next, then tbe f^ually and mj- 
aelf: andattbabeadftbeTonerablefatberandblawifepreaided.''* 

•• Many of tbe Qitakera bave planted tbeir tabemadea In tbat delight- 
fill Talley wblcb ia waabed by tbe Sbenandore, beyond tbe flrat chain of 
aonntalna. Tbey baTo no alarea; they emploj negroea aa hired aei^ 
Tanta, and baTo lenonnced tbe culture of tobacco.^* 

** That part of the tradesmen and manafacturerey who lire In tbe 
country, generally reelde on small lota and farms, of one acre to twenty, 
and not a few upon farma of twenty to one hundred and fifty acree, 
which they cultlTate at leisure times, with their own bands* their wires, 
children, aenranta, and apprentlcea, and aometimea by hired labourera, 
or by lettfaig oot lelda, for a part of tbe prodnc^ to aoine neighbour, 
wbo ha* time or farm banda not fnUy eaH>ioyed.''« 



••He [Stiles] liberated hto negro man-eerrant, Newport • • • Thia 
excellent senrant gare abundant proof of bis faithfulness, during the 
life of bla master. Such waa bla attadment to him and tbe family, that, 
a few yeara after tbeir remoral from Portsmouth, be followed them to 
New-HaTca ; and, aa a Ured senrant, entered again into tbeir aenrioe.'' * 

* When a rieb man diea, an nndertaker, or faahionable performer ia 
ordersd^ wbo eaqiloja a aort of eqnipagea, drawn by boraea, which I 
for baggage waggona, In one of which he pute tbe body, while 



1 177S, P. Tan flehaadc't Uws of Sew-Torfc, 1774, 1. 751. 

■ J.Hseter8t.Mui*)iLettenlRNaanAnMrican Farmsr, 1781, pp. 61, Mt. 
lie lefaenee fai tbs iseond eztiaet ii to tbs bdMiiit, J. Bertram. 

a Tkanriatfon ef J. P. Brlmot*^ Sew TVateto In tbe United Statsib 17M^ 
pw4Ml 

• T. €oa^ Tisw ef tbs UaMsd Statsib 17M» pw 449. 

• A. BstaMJ^ Ufi ef lam StilM^ ITM^ p^ SM. 



'" .• 



r.i 



1806.] 



HQOBD KAir AVD HELP. 



sereral bired men, dressed fkntaatleally In Uack, walk Ott eaeb 8ide» 
with not more nnooncem tban abould be expected." * 

•« There la no power giren you, aa master, to confine a hired aenrant 
by law ! that ia one part of tbeir liberty and equality: nor to there any 
oompulaion but tbe whip; and tbe white or hired man, had BMatera the 
power to uae it, would not submit to tbaf * 

•^On Sundaya it would be difficult to dtocrimlnate betwixt tbe bbed 
girl and tbe daughter In a genteel family, were drapery tbe aole 
criterion.'** 

•• There waa aomethfaig patriarchal in a famfly eatabttaboMnt formerly ; 
tbe whole boueehold were assembled at morning and erenfaig prmyerai 
tbe senrants were not meniala, and tbe children mixed freely with them. 
Tbe dignity of tbe parent kept up a resenre that in^yired awe, and lo* 
atrained the confidencea of bto children. No Tery nice dtotinotkm waa 
made in tbe kind of respect that waa due from the children, on account 
of their youth, or that which waa paid by the hired people, on account 
of their station. Theee latter were seldom bom and addom died ser> 
Tanta ; tbey aenred for a time, tUI their wagea would enable them to 
begin clearing land for a farm." * 

•* In tbe dden time all the hired women wore abort gowna and linaey* 
wdaey or worsted petticoats. . . . Now all hfared gbcto appear abroad 
in the eame atyle of dress aa thebr Udlea."* 

*« On the 8d of Attgnat, 18S7, bto littie sout tiien a child of fire yeara 
dd, went out to a swamp in the ridnity of their dwelling [hi Midiigan] 
with a hired girl to gather wbortleberriea.'* * 

•• John Boatman waa regarded aa a raluable senrant, and waa accord* 
Ing held at a high price; but tbe money [for bto leden^tion from sbivcry] 
waa raised, and the master struck oif something fiom tbe sum which be 
might baTc obtafaied. ... Mr. Alexander kept them both aa hired aer* 
▼ante upon wagea."' 

•• Aa a coneequence of thto shifting procee s , to which we ha?e giren 
but a glance, a ^ery decidedly depreeeing element to now being rapidly 

1 1802, W. Austin's Utters from London, 1804, p. M. 

• R. Ftekinson'B Ibur In America. 1803^ IL 422. 

• 1818» J. FUnt*^ Letters from Amcrioa, 18S2, p. 88. 

« W. T^Mlor'B Lsttsfs en the Esslam States, 1820, pw 840. 

• 18tt, J. F. Watwali Anaeto of PhUadelphia, 1887, L 178. 

• 1818, Vew Eagtond Htolortod and Geneakgtoal Begtotsi^ 1881^ sfL MT. 
« J. W. Akxandir^ Life of Arohlbald Atoiandfr, 1864, ^ 28L 



140 IHS COUnOAL BOCIRT <W HAHAOBDism. [Hawim, 

btnidMed Into Kmt EngluKl (annliig lift. Tha IrWi flrii ham foand 
iMr wBj into the faragr'i kltcben, ud Um Iri«h kboni hM bwom 
the saMul * bind ■aB.'" * 

" Abd iMd RewlotioowT blood In hb reine, ud though ha ■»« It to 
'U«cMt,'beeoaUiwnraUiMlttiewaid*aarvMit,'oreoaaUer UmaeU 
the tnfarior on o( the two Ugb oootrscting partica. . . . Ua maj or 
Bay Mt flgua agab i« thb namtiva, but aa tliere nnit be aoma wbo 
ooafoand (be Naw-EngUnd Unci mm, uUra-boni, with the aarwuil of 
foce^ birth, and aa than te tba dlffaranea of two eoaUnaala and two 
driliaationa batWMn Ibea, it dU m( aaem fair to lat Abel bring imuid 
Oe Doetot'a nara and Mlhy witboot tooohing hia (aatarae in half- 



"KObarMwaa aided in hla extraordinary defanoe of Ui bone bf a 
hired nun wbooe name waa Peak."* 

» To better hte (ortona when ont of Indentan at beat two eoaraaa 
WMV open to hia. Be might remain with hia maetaror aoma other pef 
MB aa a hlrad naa or tenant npon hia landa, or be might baeoma an 
Mependaat pUnter bj taking np whalerar oBoecapied land in the oom- 
■BBity had pnmd too barraa to be already pataolad bj freemen, or bjr 
motIiV to the froBticr where ahondanea of good land waa to be bad on 



*• ifa paid oar raapeeta to two elderly gantlewomen, aialara of a dead 
oanoB, and diank alowtjr at tba apring litnated before the door of their 
aleae oottaga, their hired bum eomteg and reaalBbg to aOeatly gaaa 



"One of the hired mea, t SwMla, daaired to drire to the eoBBti7-Baat 
fOr parpoaea of hia owb."* 

"In tha cad we have tha maefalBe aa we know U, with a boea at ita 
head, which TirtoallT eaniea on tha gonrnmentg the repreaentattra 
qfsteH haa ahnak to a term, and the BMmbeis of the LagialatBR, tbongh 

< The AllaaUo UoatUj. AagiM, 18M, U. Ill /I. 

■ l»aO. a Vr. H<4na'i EUe Vanaw, 1091. ppi ISS, 137. Dr. Hdmea't re- 
itriBtiaBoflhetemi le Umm •< AnMriean Urth b probaUy etthat loeil er 



• B. BttAtoAt BemiabewieM ef Aahnt CaUege, 1888, p. «B. 

• J. a BaO^I irUU Swritad* 1b tla ColoDjr of Tirglab, ISM, p. 81 

• A.r.Jaaead'aOBtlNTnnrfDDnQalaela.lSMlp.Ml 
^AagaAiaNkP.fit/1. 



UM.J HniD HAX ABD IBU. 

Reeled by tha peoirfe, are really the boat'i hlied aeo. . . . Piatt n- 
BOBooed leTaral weeka ago that the chatter wee to bt paaaad wlthovt 

amendaienl, and aU hU hired men had their minda made BK for them 
when tUa dadaloB waa prDclalniad.' 



Ml 

BB- 
MMt 

miada Butde ap for them 



"^erelaaaWghandwagOBahopaooapleof BileeoBtoftbeTil- 
lag« bnt the owner of thta U alao a farBter, aad hia obIt emnkm. b 
•laohb hired fam BUB."* / —pwjee la 

•• Waa the expreaaion Kind m«," aaked Dr. HbQ. « hnngkt vnr 
from Eaat AngUa, or elaeiriiero, by En^iahmon who ooIoDhed 
AmerioBinthoeoveQteenthandeiglitBenthcantnriear"* An not 
tlwBritiaheumplMiofthe term whioh follow fcr too few to en- 
BbhnBto.geaeimUier And were not the looial ooaditwaa in thia 
ommtry from 1607 to 1770 of thamaelm auffioient to caoae the 
tariDtoBriaobenr And if the t«ni wai broBgit from England, 
ia It not atnnge that tbera ahoold bo no tnoe of it bet« onta 1787 
— « hundred and thirty yeut aftar the gettlenieRt of tfaia 
ooanbyr* 

) The Nition, 14 Iby, 18M, 18 lliidi, IBIT, ML 181, Ur. IM. 

* A. F. Suborn, In The AUmUo Uonthiy, Uay, 1BS7, Ixzlx. 188/1 

* The Nation, 18 April, 1886, Izil. 808. 

' Dr. Hall refwred to tht nM of the t«rm by Wyallt and b tk BlUt) the 
extnoti dated 1430-81 and ISOS, I owe U> the kiadnaM of FnifeNor 3. 11. 
Maolr.of Brown Uali^ndty [now (1808) of Ibe Ualrsnily of Cliioa|o] ; wUb 
for tba remaining eKanipkB, aa wall aa for othn- aid, I am indebtod to aw 
eMttdato FMbewr O. L Klttiedga, of Uarrard OslirMiity. 

* It may be polDled OBt that the partblpbl ad}tetiM •• Uiad," q«all(rlBf 
VBifeBt Boan% waa eomnwa eertalolyafbr tbemiddbof tha flxtaantb aeataiy 
InBddItbBlaUM*''UndhjBe''<if V7«llf. and Uw -bind mmot" of tht 
dUbrait vartboi of the BlUa, we flad, bafoie ITOIt, »aA a^ntabaa at •• Urad 
aoldbra," 1561 ("UradMianij,- 1887; •• hired •arTaala.''I80S) "UfMl hoON,- 
1811; -hired mab," 1819 1 "Und kntf*^"" hind harm,- IdSti Kkind b«. 
i«ng«,-l»W, -hb«dTalor.-lSei! - hind thip,- lS8t t "hired aarrfa^" lettj 
"Urad erideBoa^" ISSL Uoraorw, it waa aoalomaij, in tlib aonntry, b apMk 
of "hiring" a elatgytnan. of "hiring" aman toaarra in eaa'a pbm m towB 
eAoar, of ■hiring " nao to aarra In the CoBtiuntaJ army. Flaafiy, aUa^a 
may be BMda tfr the term* - hiranan." a BMb MTvant who woika br wagM or 
hin,and''hlrawomaB,"amaUawTBBl.empby«dinSoDUaad. FgrenuvK 
aaa J. Jambaon-a B^BMbgbal Dbtboaiy of tha BoDttbh Lavwca. IM^ tcLL I 
F. J. ChDdri Bitf bh aad Btattbh BaMadi. l«l» filUMi r.J.CUM'afiMU 
Bad0NttUFep«larBaIbda,188C,tr.M. Saa FMnt^jm; p. Sif. 



r. -^ 



«HB OOLOMIAL aOCDEWr 09 M AllA OHUaMifJ l, (MAMBf 



• • 



««8olliKkt 
piaU« of loooet 



• Mjdey Hoa auui jr liirki hmq in mj tMi 
fonotbe I perische liere tbiu} hnogir.''^ 



*«Frfd cqMMM incurred on preparing the kmjer [a tort of reeeel] 
ii 0«ft«» and in money ddirered to the hired men going lo eea witli 
aaid kmjw M lOa M." • 

**11iey foiaakot for Cliriete lore, 

TVarailey hanger, tUrtl, and o(rfd; 
For they ben oidred arw all abora, 

Oat of jonth till they hen old. 

By the dore they goe not into the fold. 
To helpe their eheep they nought travail; 

Hired men an each I hold. 
And aU saeh falae fonla hem falL"* 

^For thoQgh the warre wast oolde in enery plaee^ 
And aauUl experienoe were there to be eeen% 
Tet thooght I not to parte in saeh dlegraoe^ 
Althoogh I longed much to aee onr Qneeae: 
For he that once a hyred man hath bene, 
If oat take hit Maiatere leana before he goe, 
Unleeae ha meane to make hit freead hit foe.*** . 

•*Iten^ I gave and bequeathe nnto and amongite the hyred men of 
tta eoaqiaay wUeh I am of , which ehalbe at the tyoM of my deoeaae, 
thaaoaMof tjyn poanda of lawfaU BMmey of England, lo be equally 
diatribaled aaMngala ~ 



»•• 



s IMKBL Lak% ST. 17, Wydlftle Tmioae ef the Ho|y KbK I860, It. 
1/1. 

• 1420-1421, TU Ifaaaieripte ef the Coiporation of New BoauMy, ia the 
Fifth Report of the BoyU CoauaiMioB on Hietoried MaaaMript*, 197^ 

• TU Complihil of the Ploaghaum, ia T. Wrigfct*li MiUoel Fbeme and 

rtletiBg to Eaglldi HiHoiy, Coaqioeed doriag the Bwiod fran the Ao. 
ef Edw. HL to that ef Bit. m, 1861^ LSIO. 

« c m», Q. Cl eiiii gart The indlie ef Wan% etaaai 111 Vtmm, 1800, 

• 100^ Wm of AagaithM Fhimpe, hi J. P. OolHerli Itanin of the Mael- 
pii Aaiofa hi the Fhje of 8haki^peai% 1841^ p. 80. 



C V 



180A] 



HIBXD KAir AMD HXLP. 



MS 






-■'« 



i 






:i 






y 4E 



\' I 



<« Alao her hired men are hi the midst of her, Bka fatted bnlloeka, te 
they alao are tnmed baeke, and are fled away together.'' ^ 

«• 0! yon 11 anon prone his hyr'd man, I fcara. 
What hat he giu'n yon, for thla meaeage?"* 

Closely oonnected with the term ^hix«d man,** as lUnstratiTa 
of American social conditions, is the word ««help.*' This word, 
wrote Scheie de Vera, ^ of ten considered a genuine Americaiiism, 
is only an extension of the original word from an iMtminant to a 
person."** "* It is not certain," wrote C. A. Biisted, «* whether the 
term kelp for aenrant, often set down as a genend Amerioaninn, 
but in fact scarcely known in the middle statea, is of western or 
New-England origin. It is generally used in boUi sections of tiba 
country.'*^ We must, in the first place, distinguish between the 
Colonial use of this word and ita present use. During the Cokn 
nial period the word was a generally descripttre one, designating 
any one who ^^ called in to ronder assistance, while now it to 
apecifically applied to a domestic servants* The oitationa beforo 

> The Holy Bible, 1011, Jaiamkh, zhri. 2L 

* 1010, a JooMm'i Deril it aa Am^ Act ii., 8oMe^ &, Work% 1040, iL 110. 

* Americaiiiani, 1872, p. 487. De Vert edde: "Pepye ahee^y writes, 
]farchl8,1002: <WhAteld>hewtetoael"' Th«e ii, howe?er, an errar ia 
the referenoe, for no laeh lenteaee oooon ia the Diary aader the date aitigoed* 
DeVere'i further etateinent, that in New Enghmd ** perfeet aoeial eqaahty hea 
pterailed from the oldest Umee," it ioobrioosly errooeoae ■• eeiroely to fequiia 
refataibn; but atteatioa may be calkd to eeverml ImIi. Down to 1707 e* 
Tele, and down to 1778 at Htrrardt the ttadente were ••pkeed" hi their 
eUne i, not alphtbetieelly, bat la aooordanoe with the tappoeed eoelal potltloa 
ef their perenti. The ••eeatjag * of a New Eagland m ee tia g-hoaee wee aeeoid> 
log to the weelth, the eoeial pffritfcm, and the pablie evfieae ef the periehoaHSb 
In aa Order peeeed hi 1061, it it stated that — 

'weoMuwi birteeeoeapi it ov dirty . . . to deckie o> mtt itmtertBa 4 dhUke tfcal 
aMB OT womn ef BOBBe ooodltJoiL edecetiMi, a ^^m^g — ihoeld tehe Tppott tbtei the 
gerbe of ft n t J— n «, fcj the waerfajgtol gold m ■fle tr het,m \ m in t m^ m poyatt at ththe 
kaMi,towilkoiafMotoboot88; or wontn of tW msm leeko lo y nnn ■flho or ttgwy 
hoodoo or fcufai^ wUch thoegii oUowoblo to powoao off rtotw MtiHi^ or ■oto MtwoB 
odecaftioB, jrot w count bet Jedgo it iotoDofeblo le pMso of oech Ifto ccoditiia.* 
QIiMieheimi Colony Bocordi^ IWI, liL S4S.). 

See, eloo, the New Eaghmd Hiitorioel sad Genealogicel Bflgiiler, 1060^ atf. SOOi 
1800, zir. 104. 

« The Eagliih Leagaige ia AaMriee, ia Caaibridfe Emojb, 1060^ p. 9S. 

• n le also aied hi other seaice, tboogh thie le its eonuaoa BManh^,— 
*'He^ The eoBuaen aame in New England ler eerraati^ and for the 



SM 



THE COLONIAL SOOIRT OV MASSACHUtBTTB. [IfAICVi 



t* -J 

' -J 



1778t giren below, sliow tlie aoennoj of tlie ttfttenieiit nado bf 
Ur.LowdlinlSefi: — 



**Tlio fewMM and d— rncw of tenrMits made it necenaiy to eall ia 
temponrj assktaaoo for eztraocdiiiafy o c ca a i oao, and henoe arose the 
«MUDOii «ee of the irofd Ae{pi Aa the majority kiept no aenraata at all, 
aad jet were IkUe to need them for work to which the fomflj did not 
eaflloet ae, for jaotanee, ia harreatt the aee of the word waa aatuiallj 
eiteaded to all kiada of aenioe. That it did oot hare ita orlgia ia aa j 
lalae ahaae at the cooditkNi itaelf, iodnced bj democratio haUta, ia 
pfada from the fact that it came ioto iiae while tlie word aenNml had a 
amch wider appUeatioa thaa aow, aad oertaialy implied ao aodal 
atigmiL"' 

That tlie word bad a oertain vogue among the New England 
elergj alone provea that the term waa not employed euphemiati- 
oallj. There ia a gap in my quotationa from tlie ontbreak of the 
Rerolntionaiy War nntil the preeent centory. Meanwhile there 
had aiiaen the dislike to the word «*senrant'* already oommented 
apoo, aad on examining the ezamplea of **belp** throni^ut thia 
oentory one ia at once atmck with the facts that the word baa 
passed from a general to a apecifio meaning, and that it is a 
eaphemistio sabatitute for the hated word ^^aenranC* With 
regard to the distribution of the word in thia oountiy, it ia to be 
remained that until 1800 the term appears to have been wholly 
oonfined, in its concrete eense, to New England; and that at preo- 
eat, aa I am informed by Dr. £. Eggleeton, who apeaka from a 
large personal obaervation, ^ it hardly exists anywhere aouth of the 
belt of New England enugxation,'* aad that ^it ia not yet a fixed 
oolloquialism except in populations derived thence.** The earlj 
examplea which foDow are offered, not aa proving that ^help,*' in 
ita eoncrete aenae, waa brought over from England, but merely aa 
ahowing how difficult it often is to draw aa abeolute line between 
the abatraot and tlie eoncrete sensee, and aa indicating how readil j 
the eoncrete use would oome in when the oocaaion for it aroae. 
And, aa the following examplea, both of noun and of verfa^ ahow, 
aaeh oocaaion did earij ariae in New England* 

tifw hi a eotloa er wooOm teloffy.** (J. R. BartMtli Diolioaefj of AaMri- 
laMifilTiw) 801 



'' 



I 

• 'A* 

• * J 

» 






■ > 



t • 



.1 






.'■^ 



■'A 



<\ 



18M.] RIBB> XAir Aia> BKLT, 

^ « laaoua,' qaod she, * for o^ght I see or eaa* 
Aa of this thing the which ye beea aboats« 
Ye baa yoor-eelf y-pat in BKXshe doote. 
For, who-eo wol thia aveatare acheve. 
He may aat wel aaterten, aa I leve, 
With-oatea deeth, bat I bis helps be.'"* 

•«Att whiebe tyme, soo God be my help, Pope Jdie shewide me 
cxpressUe that • • • be shokle oadoabtkUie witUa short space asrve 
owdre yoor Grace or me or boithe aa aatrealie aa he hade dooa hyak** 

«« Blessed is hs that hatii the God of laeob for his heipe aad whoae 
hope ia hi the Lord hys God.*** 



**Toa Gods that made me aiaa, aad sway la leuet 
That bane enflamde desire ia my breaat, 
To taste the fhiite of yon eeleetfaU tree, 
(Or die la th' adoeatare) be my helpea, 
Aa I am sonae aad seroant to your will. 
To oo mp aaae soch a boadlesse happ fa i e ss e.* ** 

«• It to the helpes hi the kitdiea Uy s. It to the helpes ia the bat- 
tray ij s. ... It. belpes ia the kitchen ifij s. vj d. It helpes hi the 
battray xvifj d. It to other s^iaats ta yo^ LL boose that atteaded 
iJa.-» 

«« Aad the LOBD God said, It ia aot good that the maa shoold be 
aloae; I will makehim aahelpeaieeteforhha.'** 



> rtaie Weflfc% laaa^ tt. 41^ 41 



> 1888, Chaeoer*t Legend of Good Women, Ihiee 1611-1818, Worin» 180^ 

liLiaa. 

• 1614, Cerdfaial Babbridge, hi H. EDif't Origteal Lelten^ Seeoad BmAm, 
1887, L S2a. 

• T. Ifatfthew't The qjble, 1687, Ptoahne, eiM. ft. 
«8hakeipeeie*tPeriolee,160a,A8; Aot L, 8oeae L, Usee 18-M. 

• 1608, 1801, The EqpeoMe of the Jodgee of AitiM ridhif the Weeteia aad 
Ozloffd Cheeiie, Temp. EUmbeth, 160a-1801, 1869» pp^ 18^ 47. (Ceiideallie. 
eeUeiiy,iT.) Thie eztriet I owe to Ptofiieor Kittredge. 

• The Holy Bihle, 1811, Genede, U. 18. In the venioa by T. ICetthew, 
1687,thiipe«egeffoede: «And thoLoideOodeejde: It ie not good thet men 
ehnld be akae I wffl make hha aa helper te beare l^jm eOpaay." 



* V' 



1 j 

' f 1 



iM 



THB OOLOXIAL 80CIEIT OW ICAaSAOHUBXIIS. piABOl^ 



•« And God hatb act tome In tli*» Cboreh, im ApottiM* MOOMUrUj 
Firopheli, tUrcDj Tenchert, nftM' thai Biradas* tbon gifts at healingtt 
kdpct in gooeniniStty dinenitiMof toognct." ' 

««TlMii B%iit be wUl talM iMTe of lilt Ladit the FHnceeee bj iome 
window of n gavden that lookea into her bed-ohamber ; bj the which lie 
bath epoken to her oft-tbaee beforoi beiag n great meanee and helpe 
tb e i i i i, noertafaiedaaMMU whieh the Pri nc eeee traeU veiy moch.*** 

** JDna God for thj merej^ ^7 *>« looee againe. 
Adr. And oome with naked swonUt 

Let's call more helpe to liaoe them boond againe.*** 

««It is ofderad, Oat IF FMrieke A IP VndliiU shall bane allowed 
them 1^ 8" hi nonej, to bny them bowseholde staffe» 4 for helpe to 
washe, biewe, A bake, xz*.*** 

•*J}aye$ ofHwmaiatkm. ... AprilL 7, 16S6, in respect of p^sent oat- 
ward Scarcity 4 in respect of helpes in ministeryt •• ftlio for the 
P^'feotion of Enemies. . . . Jose S2, 1C87. Ffor Soocesee in warring 
agafaMt the Peqoeats, as alsoe for compoefaig differences o^ Breatbren hi 
J* Bcj, 4 for helpe bi jT Hbiistetye hi respect of our selyes.** • 

««Ther thej bane gathered a Choreh, 4 doe intend to chnse officers 
shortelj, 4 do desirs better healpes in that kind, when the Lord is 
pleased to send them, 4 woold gladi j rse what meanes doth lye in ts to 
obtojne them.*** 

•« It is ofdered, / James Fton shall bare 20", to be disposed among 
each of bis serrants 4 helps as hare bene bnplied about f djet 4 at- 

1 The Hely Bible, iei],lCoriathiMi%xii.S8. The Imperial Bible-Dietion. 
a^r, 18ei, iH. 8^ eeje: "HELPS, the deeignation empkijed for a etem of oA- 
elalnfailitntioBefaithepriBiiti?ediweh,lCo.xii.28; but the pramae BatuTO 
el whidi it Bowherepartlcularly detcribwl, and has been Terionslyanaentood.'' 
HMee it may not be miintererting to compere aeferal renderings. They are: 
•«help7ngia,'* 1880; "helpen." 1884; -helpew.^* 1688; -helpeie,- 1587; 
•helpfe.-1882. (See The Bn^iih He»4»h^ 1841.) In T. lfatthew*t feieion, 
l»MhevBadbigif«helpen.'' 

' 1812, T. Sheltoa«to Don QBlxot^ 18S«,L 180l 

• Shaketpeaie'k Coamdlei, HIrteriee, 4 TVagedim, 1818, ^ 88e, Comedy el 
Inen, Act ir., Seene IT^ Une 148. 

M880, IfaamehoMHi Colony Beooidi, 1858» L 78, 77. 

• im»lM7,KewbghmdHistori«laadGeneakgiflalRegirter,1868,x.87. 

• 188^ W. Oeddiaglan, hi 4 IfameohnmHi HMMieel CoOeetienib 1388^ tB. 



I 









! .-'1 



t ' 



. •: 






• "H 









•' 



• .tJ 



i 



1888.] 



HIBED MAH AHD HELP. 



U7 



tendance of y« Co% 4 y« lata meetbg of y« commission'"; 10" thereof 
to y* peent cooke, y* wifeof Mills, 4 y« rest to oth' semats 4 

helpe."' 

«« Becanse y« hanreet of hay, come, flax, 4 hemp comes osoaUy so 
neare togetbe' y* moch loose can hardly be aToyded, it ie ordered 4 de* 
creed by y* (Vte, y* y* constable of ev'y towne, npon reqnest made to 
y", ehall require artiilc'* or handicrafto men, meete to UOk/, to worke by 
f day for their neighbors needing y", in mowfaig, reaping, 4 ifiiog 
thereof, 4 y* thoee whom they help shaU doely pay y» for their worifce, 
. . . prkled no artificer, 4c shalbe compeled to worke for oth** whUee 
be is necsssarify attending on like bnshies of bis owns."* 

*• A man and s boy, if their hands be not sleeping in their pockets, 
will feede as many Wormes as come of sixe or eight onnces of seed till 
they be past their foora fint sickneeees, and within some 14 dayes of 
apinning: Indeed the bat 14 dayea require a more extraovdhiary dili. 
gence and attendance, s more frequent and carefull feedbig, ... At 
thie more particular season, there ie neoeeeity of addb« the labour of 
three or foure helpee more (to which Women or Chiktren are as proper 
as Men) which is an inooasiderable aecee si on considering thegabie aria* 
faigfrom ft"* 

«*It is ordred by this Court 4 the anthoritie thereof, that whoeoeuer 
ehall henceforth any wayes cause or euffer any yoonge people or per- 
sons whatsoeuer, whether children, eervant^ apprintisea,' echoUen be- 
longing to the colledge or any other Latino schoole, to spend any of theire 
time or estate, by night or day, in his or theire company, howae, shoppe, 
shippe, or other reeeell, whether ordinary, tareme, Tictualllnge bowse, 
cellar, or other place where they baoe to doe, 4 shall not, from tbne 
to Ume, diecharge 4 hastsn all such yoathee to theire ssneraU imptoy- 
ments 4 placea of abode or kxiginge aforeid, if theire befa«^ in any 
such place be knowne to them, or any servant or other' helps in the 
family, or supplyinge the place of a eerrant, at eea or at land, that then 
such person, howseholder, shopkeep, shipmastsr, ordfawiy keeper, tar* 

> 1848^ MMiaohntette Cokmy Beooid% 1858» it 188. 

• 1848, /Mf. it 180» 181. For shnilar ume of the verts fai 1878, 1878; 170S, 
]782» 1788, MO MsMehoMtto Cokmy Beoordi, 1881, T. 85; Hew Xagiani 
Hbtorieal and GeneafegiQal Bigisler, 1888, zri. 81; J. J. Bebeon*s 2lelM and 
Addltkmi to the Hbtory of Okmoietw, Part n., 1881, pp. ^ 17, 88. 

• B. ^niUame't Virgo IVimipiMno s or, Tligiak rl^ and tra^ vahmd | 
mpeeial^ the South pert thmeel^ 1888^ f^ S^ 



THB OOI0iriAL SOOmr or XAMAOHUSBTTC. pfAMBi 



MS 



€rw/« TMMll«r« or otfMTt iImII forfdt the toSt of fortU aUllii^iet, 
▼ppoB Icgsll eoorietioD befora mj OMgistnti.'** 

**I hope to 060 her [a MurHDOl] goe in S or S dftles; but my auui It 
filao ill, Joliii Lockwood is falno of, lidp is luurd to get, the nill so re- 
■oie, 4e: will mslce all goe doll, bat I intend to doe my Ttmost in- 
denoor 1^ degrees. • • • 1 • • yet think rstber then yoarworsbipp shsU 
to mneh sofer, to send Uin, if he be wefl & wiUing, though I hiie help 
in Us nmne, which nUeo wilbe hard, now spring comee on* • • • The 
death * departars of sooh heipe asGod hath taken away is HMMh to be 
btwafled. The Lord soply ts with meet helpe. • • • Help is searoe A 
hard to gett, dUBoolt to please, Tneertaine, 4c; that I am redy to be 
tfseoridged least yoor worshipp should think that I am slack 4 negli* 
gent, Tnthiifty, fta Means mneth oat A wages on, A I oanot make 
choyoe of my helpe, nor efeot what I desire, so that I eoold gladly be 
acneedoreaeed.*** 



««The8eleet 
abont taUn the 



••• 



nowe to be eboein are to see tiie worke to be done 
of the huid hi pridinge help to oaiy the 



«« What next I bring shall please thee, be assor'd. 
Thy likenees, thy fit help, thy other self. 
Thy wish, ezactiy to thy hearts desira."* 

-Am to the meetehigs oppon this Hand [Martha's Vhieyaid] there 
are two Omrch meetehigs and three other. In all weh : there are gen- 
enOdMreh Members: this is beeidee what is Donne by Metark at his 
plaee A eometimee some other helpe." • 



the present warr necessa ri ly oalls forth sandry men into 
tteoonntrsr ssrTlee whose imployment A liTolyhood oonslsts to hns- 
bnadiy, tte proppogathig whereof in oar respeetiire tonnes for the faya- 
ipg of eone and profisskms is of great necessity for oar sobsistenoe, it 



Mm, 

tsthle pasMfs 



(Osteial taws el 
• lf8t» IMQl J. 

^^^1 n^^i WvMf sMS* 
•IMilMhsm 



Cclsny B«MMdi» 1894, Hi. MS. My attentton was 
by Dr. E. Kgglestcn. The kw was hi lotee to IMO. 
i f eiB h aii lts , 1881^ p. 187.) 
Ttohcr, to 4 lU iieB t mi lH Hietcrieal CoDes ti cns, 188» tfl. 



Bsskvifti, 
•Sfn^l^MiVhmi^toThsMew 



"SserBti 188l| ir. T8. 

Ust» 1887, Beck fH., Uaes 1888-108& (Msdemedl* 
448^1.) 

1888,^4i. 



1898.] 



HXBSD UAX MMD HELP. 



ua 



Is therefore ordered by this Goart, that the sdeetmen of the r e sp ec tive 
tonnes doe take effeotaali oare, and are hereby impowred, to Impreese 
men for the mannagement and carrying on of the hnsbandty of soch 
pereons as are called of from the same into the senrioe, who bane not. 
sofflcjent help of thehr oone left at home to mannage the same, whoi 
shall be allowed eighteen pence a day for their sajd works, to be pajd 
by the reqiMCtive pereons for whom they worke." ' 

«« Chariestowne, . . • What is paid to the mtoistry, £100 per annam* 
to or as money, and 80* per day for transient help." * 

••Voted this: Nor. 88. 88. At a meettog of the Chnroh at my boose 
ananimonsly y* o^ Teacher Invite M* IFodtioorC^ to assist him constantly 
ones a month or any other Tacam^ to Preaching, A any other help bee 
shaU Judge needful."* 

«« memoranda' — That stocs my Last great sidoies (for aboot a yeare) 
The Deacons prorided Transient help to preach one part of the Day.— > 
My weaknes befaig more than ordtoary manifest This Last wtoter (1880) 
— somtyms to January— Divers both of the Charch A Town came to- 
geather onto me. And asked If I were wiUing to have a setled helper? 
. • • Then agreed by the Brethren there preeeot, That whereae They 
did formeriy in the Yeare 1694 Norem' i^ vote is Nominated m' Eben> 
eaer pemberton to be an Assistant to M' Charies Morton aa a settled 
help to the work of the Mtohitry — And wee are soe wel satisfyed to 
what They hare Don hereto aa to com to a free and Jeneral vote with 
the Inhabitants at the Time appoynted by the Goraittee In order to a 
setled help to the Bev-rand m* Charles Morton to the work of the Min> 
istry among ns."* 

•« He or she that cannot do aU these thtogs» or hath not slaves that 
can, over and above all the common occupations of both sexes^wW have 
but a bad time of it; for help is not to be had at any rate, every one 
havtog bostoess enoogh of his own." * 



t 1878» Meseaehamtte Colony Bseords, 1884, ▼• 78. 

• 1880, Kew Bnghmd Hiiloriosl and Gwaelogissl Rsgiiter. 1881^. 171 

• 1898, to A. B. Blii'k History of the Pint Charoh, BoHon, 1881, p. 14^ 

MC97, Pirst Reoord*o<* of the Phrit Chareh to Chsriistown, to the Kew 

Bn^snd mnoriesl and O eneslog loi l Begirter, 1871, "^' ^^L,. .^ 

• mi, J.Urmetcne^ to P. L. Hswke'to fllitoiy sf Verih OmeUnai 18H 

ILSlft. 



•« Voted, Ikat Mr. WMwm bt NppUed wtth eooftuii help for fix 
aoirtht Mzl ■ttwhg inm lUs dsj. • • . Voted, that Mr. Weldioitbe 
iMp|intil wilk kelp oolil the muhmI iwrtiif hi Jolj Bezt" ' 

•« Voted That the SeWet Men ebaU hho help to poll ip the Berberj 
hMhee that MO hi the BoyiDg piece.'' * 

•« Aboot the eetate hi lande he [O. Whitelleld] oerer Mderetood how 
tte ■after Ilea, aod eaje that he and overj ooe of the troat la Kagland 
coaeeivo of the ■after aa though joa had a fana of oaoortwothootaod 
aereat aad were to make the beat of It by bafldlag^ and bajfaig or hfa^ 
h« help, with the Boa^ hi Eogiaad, to hapfore it, ^ aoMthlDf like hie 
oatatehiGooigfaL'** 

^The arrogaaee of doneatica in tUa land of repabUeaa liberty and 
o^aali^, la partloabrly calonlated to excite the aatooiabnMnt of 
•tnuiferk To call perMoa of thia deecriptkNi eervoiiCf, or to apeak of 
their aMMter or aiiidVM, la a grierooa affront HaTing called one day 
at the hooeo of a gentleaaa of ny aeqaaintance, on knockbg at the 
door, it waa opeaed 1^ a eenrant-BMld, whom I had never before eeen, 
aa ahe had not been long in hii f amfly. The following la the dialpgoef 
word for word, which took place on thia occaalon : — * la yonr maater 
at hone?' — «I hare no oMeter.' — « Don't yon lire here?' — «I itoy 

here.' — « And who am yon then?' — « Why, I aa Mr. 'a help. 

I*d haTc yoa to know, aiaa, that I aa no aorraal; none hot negen are 

•«Help, a. Often need hi New EngUuid hiatead of Mrvoalt; and it 
geaerally BMaaa /eaiafe aerrant: B». My Mp la Tcry good; each a 
aae la Tcry good JMp. The word doNieK<e la, howerer, more conuaon."* 

^ A great aaaber of farmera haTC nore land indoeed In fence than 
they caa well ■aaaget aakaaeof theee the reaaon, he repUea, *Iwant 
h^' Aa aeaiataat eaablca Ms to caltlTate a portloa of hie kad that 
woald olhirwiee becoow orerraa with weeda."* 



> 1719^ 172% hi C. Bcbbia^ Hiilofy ef the 8eeoad Chaieh hi Boeloa, 1808; 
|w81«. 

• ITiS; Mad4y Bifir aad BrooklhM Reecf^ 1878^ p. 904. 

• im, V. WUlakii^ hi F. ChaM't Hiiloffy ef I>wtamth CoUmb^ 1881, 
LSH 

• C. W. 9mmmf% The Stnager In Aiii6riea» 1807, p^ 87. 

• J. PkhiriBi^ hi MoMin eC the AMffloaa Aeadea^ eClite aad 8elMMii^ 
M%«.48i. 

• X BnAail^ Ikaieli hi «M lalwler ef AiMrioa, mr, 1^ 818. 



1888L] 



HIBBD MAir Aia> HHiP. 



SSI 



^:^ 






«« There le no each rebtloB aa mailer aad atfvaal hi the Uaited Statea t 
faideed,the aaiM ia not penaitted;— «Mp'te the deelgnatloa of oae 
who coadeeceada to receire wagee for aenrloe. Thie help le geacratty 
afforded by fiee blacke, and Irieh; oor natlTee aeldos lowering the 
dignity of free-bom repablieaaa eo araeh, aa to enter a hoaee hi the 
capacity of aenraate." ^ 

««lIesekiahK left hie wife and hie home at a mature age, to better 

hie condition by a temporary abeenoe. He came to Beaton, to kt him- 
90/ fir Mp; «uid, to ezpreee It hi other worda, enteied Into eerrice hi a 
gentleman'a family, and changed hie ptoce bnt once doriag tUa career. 
... I do not know in what capacity he originally eateied theee fomUlee s 
hot he eenred, on occaalon, aa a dmtbU to erery eenraat, fiom the coach- 
man to the chambermaid. He could driTc the horeee, cook the dinner, 
aweep the apartmenta, and make the bede; and when he had nothing 
dee to do, would ait down to eew; makbg hie own dothee and meadiig 
hleownatockiDga."* 

^ The eerrant glrla hi New York aeeome the title of « Miee ; ' their 
male Tieithig friende hirariably makfaig nee of thie term hi faiqdrhig for 
them. It le the general coatom amonget a certafai rank hi life, and that 
by no meana the loweet, to dine at the eame table with thdr hired ghia, 
or *hdpa,' aa they are occaaionally etyled."* 

*♦ J5r«^ la the woid by wWdi eerranta reconcile thdr pride with their 
hitercet, or employment, aa It denotea, that thoogh the aedatante, th^ 
are the eqoala of thdr employere.'' « 

*• The greateet difflcolty to organidng a tomfly eetabliehment to Ohlo^ 
la getang eervanta, or, aa It ie called there, * getthig help/ for H le more 
than peUy treaeon to the Bepoblto, to cdl a free dtiaen a eeriHiiil.'' * 

" In the f amiliee of the rich yoa eoconnter no partl-colonred fope, with 
loada of Uce and livery battone; bat yon meet with genteel, obliging, 
and reepeotaWo attondanta, freqoenUy from the conthicnt of Europe; 
and to ofdtoary familiea or public hotde, A c mea of odour, <. a > Blacka, 

t J.Brielad'tRMOueeeoftheUdtadStatctof AnMriea,1818»p.480. The 
eame book wiepdiUdiad la London with the title, ABMrieaeadhir 

• W. Tndor't Letteri on the Beetem StatM, 1830, p. 8ia 

• P. HdleoB-l Beodleothme ef a 8to Yeaie' Beddeaee to the Udled 

ef Aneriea, 1880, p. 18. 

•aQ.Qoodridi'>ftretemefUnHefidOeogra|i^,188»p.lOi>_ ^^^ 

• Mre. Tkdleprt Doametie Meaaeie ef the Imerleen^ 188^ 1. 7^ eiiea er 
IfinSdmoa* 



THS OOLOHUL SOCnETY OW MA88A0HU8STT8. [Mabob, 

mn the uml kap$. Ftom none did I eter recdre an andTfl word or 
nMet with n enlk/ look. I wm drtt to tben^ end tbej were nt nU timee 
chrfl end eerrioeeble to ne. But we are told no nuui daiee to eall one 
of hb attendante etrwMl. Ferfaape eoch a term might gWe offeaoe : I 
know aoi Ballet ne think for a moment how rarolj hare we oooaeion» 
at homot to caUJaok or Tom, 1^ eooh a deefgnation. The ineidiooe and 
vweaeonable prejodiee whieh too generaUj preraile in America egainet 
mOmpiyj Ncgroee, and a dread npon the part of tboee who ate free, of 
being cie eeed with theb leee tortnnate brethren, cootribntee gieatlj to a 
dielike of the term urptuU in the 8tatee, which ie theie eoneidered ae 
■early eynonjmooe with jlaM.''> 

^The inhabitante of New England are quite ae willing to call their 
•errante 'helpe,* or •domesOee,' ae the ktter rqradiate the title of 
«maeteie' to their empfeyere."* 

*• I do not Taloe moch the aatialaTery feeling of a man who would 
not hare been abolitioaist eren if no eoch abomination ae American 
Slareij ever had exieted. Sitch a one wottid come home from an antl- 
elaTerj meeting to be an nnUred orereeer of hie wife and children and 

Mp (for I km cor Yankee word, teachfaig, ae H doee, the tme relatfcm, 
and ite betog equally binding on maeter and eenrant), or he woold make 
eiarae of them that be might go to one.** * 

^ The great annoyance of whkih people complain to thie pleasant land 
[Canada] ie the diflkmlty of obtaining domestic eenrants, and the extra- 
etdfaaiy speefanene of humanity' who go out to that capacity. It ie diOI- 
adt to obtato any, and thoee that are procured ate solely Irieh Roman 
OathoOce, who thtok it a great hardship to wear ehoee, and epeak of 
their maeter as the « hose.' At one hooee where I Tisited, the eernmt 
or « help,* after oondeecendtog to bring to the dtoner, took a book from 
tte cft(|im<wv and oat down on the eote to read it On being remon* 
eCisted with for her condoct, ehe replied that she « would not remain an 

hour to a house where thoee ehe Mped had an objecthm to a young tody e 
tovrortoghermtodr"* 

« 

^In eoueeque noeof thegreatdimcultywhtohpriratefamnieeexperi- 
iiee to ptoeurtog oooke and housemaide In a country where sMnial eer- 



Mm MWgmimPB Fkattloel Ketos made dwioig a Tour to Cbaedeiend i 

• F. X OtMft Tte AMriMw. latr, «. •(, «iM br Mm Www. 

• Mta Mitt Xta fcgB*w«» I. A««tai, 188^ p. ni, •« liy Mhi 



ii 



S 

^J 

% 

M 



■.*.\ 



y. 



^o 



-.11 



1898.] 



HZBSD ICASr AHD HBLP, 



S58 



Ttoe to eoneidered beneath the dignity of a natlTe-bom American, where 
eenioe to called *belp/ to aroid wounding the ensceptibilitlee of free 
ciysen% and left almoet ezclueively to negroee and the newly-imported 
Irish, • . • the mistresses of famlliee keeping houeee on their own 
account lead but an uncomfortaUe life.** ^ 

**One of the eubjeoto on which the mlnde of men and women to the 
United Statee eeem to be unanimously made up, to the admitted 
deficiency of kdp — the word whtoh deecribee menial attendance to the 
aggregate — and the Tcry littie assistance which the ^hdp' aflMb the 
employer. ... In the flret place they satUfy themedree that they are 
ito^ not eerrants— that they are going to work with (not lor) Mr* eo 
and eo, not going to eerrice." * 

** The ^>petites of the mtotreee are commonly the same as those of 
her eerrant, but her eociety to commonly more eelect The help may 
hare some of her tenderioto, but she must eat it to the kitchen.*** 

««The hired giri sat down to the tabto with Darid and hto mother. 
Susan Means had always been faithful, reliable help.*** 



• • 



«« We used to recelTe toto the family ae ^help,' as they need to be 
called, young men and young women from the country. • • • Th^ did 
not like to be called eenranta, did not ehow great alacrity to anewertog 
the bell, the peremptory summons of which had something of command 
to its tone, whtoh did not agree with the free-bom American.*** 

*• I never thought that I should hare to go out toto the world as a 
lady-hdpl ... But no matter; life ton^ all roeee when you etart out as 
a lady-help.*** 

«« The Ezeoutore of the late Wm. West, Esq., of Baroote, Fariugdou, 
Berks, hartog to dose the eetablishment, wish to rs oommend tfawoughty 
Head Coachman, Carriage Groom, and Stabto Help.*** 

«« Mother'e Help Wanted, to teach three littto girto thorough Sui^iBh, 
muslo, &a Qood needlewoman.*** 



> C Msdcay'fLUs and liberty to America. 1808, 1 4S;«itsd by MIm 

• T. a Gratten*t Cirilissd Amsriea, 1808^ L 868, 888, iiftsd by Mlm 

• 1868, H. B. Thoreea't Aatunn, 1884, p. 88. 

« MIm M. B. WUkin'to Humble BooMnst^ 1887, p. fi. 

• e 1884, 0. W. Holmci, to Lift and Lsttmb 1881^ i 84. 

• J. 8. Wtotar^ My Geoff, 7th editkm, 1887, pp. 1, 88. 
« London Tbues. 18 Oetober, 1887, p^ 18/9. 

• London Dei^ lUigrsph, IS Oilebw, 1887, ^ IVi 



I 



H 



SSA 



THB OOI01IIAL 0UCmi OV MAfWAOimSCri!!. [IIamM^ 



**UmM Help>— Sw p wior youQg penoB Main Sttnatioa teprhrate 
koCd or oCbenriie; <piiek aod •Mfgetk^ dooMtlicalad; abitaitt<r» 
IMeilaai; ■owssUnf.'*' 

- CoMpanfan-Help wanted (SO) for ■iddl»-ag»d lady« Tonakoher* 
odf fDoefaUy Mif oL taall fooNUMratkm.'' * 

^ WUbw Lady feqoifoa Lady-Halp ; aerrani kept; Boaaa Catbolie; 

Not only do theao oztnM^ and lofofenoeay to which ao much 
opaoe haa been giTeo* ahow the history of the teima under discua' 
aioa, b«t they abo throw miieh light on the aoeialconditiona which, 
at diffarant tamea, have prerailed in thia ooontij. The early aet« 
tlen Batonlly brought with them the aooial ideaa in which they 
had been nnrtnred, and ao deeply did those ideas take root here 
thai they remained, with little change, until the period of the 
Stao^ Act On the other hand, the reatlessnesa, the desire to 
impTOTO one*a condition, the longing to act up for one'a aelf, — these 
wero aa typical of the Americancoloniat aa they are of the American 
oitisen. Finally, tlie extracta enable ua to aee how the aystems of 
alftTory and of iriiita aenritude exiated aide by aide for over a cen- 
tary and throo-qnarters; and how, aa a result of the social and 
political upheaval of the laat thirty years of the eighteenth century, 
Hw ajatem of iriiita aenritude, clashing with the ideas of equality 
and national Ufa, giadnally enunbled to piecea, atill leaving, how- 
•vuiV the woiae blot of alavery. It is characteristic of the rapidity 
with which changea take phM)e, and of the eaae with which people 
ooniofHi to new conditiona, that few of the generation to which the 
pt ea ent writer balonga have any realizing aenae of alavery; and ao 
mmnfltMj have all tneea of tiw ayatemof white aenritude disap- 
paarodt tiuii tiw very exiatence of auch a aystem ia probably un- 
known ozcept to theaewlio have had oocaaion to inquire aomeiriiat 
aioaely into onr eariy hiatory. 

• hamdam IhSlj Ommida. IS Oetober, 1807, p. 11/7. 

• L oadea Diilf K«in, IS Oetober, 1807, p. 10/4. 

• Loadea li fia l a g BUada id, t08tpliab<r, 1807, p. t/t Dr.IUIlwritetnMt 

•nt IteglWi a« W Ii4« !• wMdl M ffOw Wm, I tMiik, MM* «p ia fwy fcenil 
yMi. nii0pMnMtlMwlil«gtfr«»laf.irMAaMos*llkar.l*AiMrleMpne^^ 
A | f m i Hi n kM lw» gwwa. U kdgUptUhftmyOmdfmfkmJM^wWk,!^ 
mtm kjft, fmmd Hpt. m^tr AdK ii«^ llli nil iliil to mnm^i ia lU ifi« 
> ■<■■'■ MMti n ■ ■■■ l ig , \ mmm% m. h^^Htr i ir wN . I wmM mm U firfto iBf% 



1806.] 



UOMD XAH JUn> KSI^* 



FOSTSCBIFT. 

Since the above Paper was written, several paasagea have come 
to Hght which seem worth recording. In a Town Meeting held at 
Providenc^ Rhode Island, 27 January, 1696-OT, it waa oidefod 
that — 

««in Caae aay Person Coocerned in sd flMds doe faile of doeiag hia 
or theire part or parte of i^ fence ... that then the men cboaento 
Judge the snflicleocye of sd fences ft to. looks to the performance tbeira- 
of ... are hereby impowred to faap^ persons to make up the said de- 
fective fence; A than to repare to aay one of the Majestrates A desire 
of them a warrant to a CoostC ]ble to destrabe w much of the Estate 
of tbe def eoUve person or persons 4 to deUver it to the sd bmo who are 
over seen of ^ feaoes who shaU there with pay those whoam the hnpty 
about y« ^ works 4 alM> to pay themselves for their Tfane the which wagea 

shall be S* 8* r day both for the overaeen A also for tbe hired smo." ^ 

«« Wbereaa Beoben Stevens hi Gapt Jacob Baylqr'0 BoU Beesired 
ten pounds as Bounty, 4 dkl not pass master, 4 afterwards waa 
Bm^ as a hired man in the Boom of Nath^ Watte hi tbe earns compuny 
which Watts also Beceived Bounty, therefore 

«• Voted, That the Treasurer stop ten pounds out of ths said Stevsna 
Wages 4 give tbe Province Credit for the same.*** 

The first of tliese extracta requirea a slight modification of tlie 
atatement made on page 241, — that the term ^hired inan**ia not 
found in this oountiy until 1787. 

Looking beyond the bordere of tlie American Continenti wo 
find that on 7 October, 1052, a law was passed in Barbadoea of 
which one clause is as follows : — 



**i2efii, whatsoever servant, or hired men, as Overeesca, FUlem 
Assenego-men, or othen whatsoever, shall inbeiO, purloin, ateal, 
wilfully waste, or make away any of his masten or Mlstrssses Fowls, 
Hogs, Sheep, Cattel, . . . shaU upon convictk>n of every such oflhoce 
before any Justice of the PMce of this IsUwd, be adjudged to aerve Ma 
aaid Master, or Mistress three yeare after his first thus is expired, the 
said servant, or hired man to receive no aaUary for the thne ao hereby 
appointed.*** 

t Bsriy Beoordt of tbe Town of Pkoridenee, xL 00. 

• 1768, New Hampdiiie Firorindal Fkpan, vl. 660. 

• Aets sad StatalM Of tbe Tthoid of Barbados* p. la TUsweHtlswUhsUt 
dalib bat it was eoo^pOsd by John Jsnah^ and was pabllihsd in 1064. 



OOLOIOAL 0UCmi OV MAMACflUmriB. ptSkWCmt 



«• AMD il If henlij dMlartd and paUldMd, TImiI the tetenl thereof to 
ctdj to leeoh to Cmmut eerviatTe wagee, hked-8enreate, end 
Iriied-lebooient tbet ere hired by the flMmtht dej, or jreer« end to all 
ArtiBeen^ wboee whole debt end demend, eaxeede not foiir>thotteead 
pooade of Jftmovado Sogar.*** 

«« Be II eaaeted • . • That all and erefj Haeter or Htotreee of 
Oatee, for the firel Fire worfclog Slavee, eball be obliged to keep One 
white JXao-eerraoi, Oreereeer, or hired Maii« for Three Hoothe at leaet ; 
md If the KmibCT lacreaee to Teot Two ; and for erery Ten after the 
iril* OaOf to be reeideni hi the Flantatioo where the Negroee are em- 
plojed. • • • That If any Senraat or hfared Laboorer ehall lay yiolent 
Hande npoa Me or her Eaployert OTereeer« or otlier Pnreon pat In 
A nIh or liy a?er hfan or her« eooh Serrant or Laboorer ehallf for eoeh 
Ofitaee, eerre Me or her Employer without any Wagee Twehre lIofithe» 
tgr Order of any Joetloe of tiie PMee« on CooTietion." * 

The ooovnenee of the term ^hifod man** as earlj ae 1662 in 
Hw Weat Iiidica, w^mw the aoekl eonditioiia appear' to haTo been 
aneh the aaaie ae in Yliginia and Maryland* makes it probable 
Hiai the expression was also in use on tbe Continent earlier than 
ay tzamples indicate. 

Of the two eztraete which follow in farther illostration of the 
wee in Engbnd of *«helpi'* the first I owe to Professor KittredgCt 
whOe Uie eeeond is taken from the Oxford Englieh Dictionary. 

^Blake eeated hhneelf by Me eide; the help who was to acoonipany 
lhs■^ got op behind. • • • I foand Hnrdoek'e oetler Tory dmnki but 
ooheTy comp ar ed with that raecally help whom we had been foole enough 
to take with OS.*** 

** There were €00 horsss In the Serene stables — no leee than twenty 
of princely carriage horeect eight to a team; eixteen coachmeni 
itftstilltmf T nineteea ostlsrsx thirteen hdoe. beeidee tmJthti 
horee dootoffs, and other attendants of ths stabls.'* ^ 



llwre ■ eeuM to bo nodnng in Hw oridence addaced in thto 
Pflstsfiript wUA nSeds the ocndnsioQS expreeeed in the Paper 
iiseiL 

AffltltOOL 



^ tmun.map»Am, 

•IMtAileeC 

•X. 
«1III,W.1C. 



Fmnd fai the Uead of Berbedoi, 17t4» p^ m 

Fmnd hi the Uead eC Jameto% Leader 17H 



Ibm Brown at Qilofd, Beeteut lan, L sa^ •! 



■ /' 



:< 



i 



18NL] 



80MB MAflSAOHUSETTS TOBOES. 



867 



Mb. JoHir NoBLB oommonicated a group of documents 
pertaining to ** persons enemical to the Statei^'' embodied 
in the f oUowing paper entitled — 

60MB MASSACHUSETTS TOEIE& 

Ths Tories of MassachosettB hsTO been thorooghlj written np» 
bat oocasionall/ among the old papers of the Coorti, here* ss in 
many other instanoes, one comes apon ecn^is, or fragmentSv or 
detached memoranda* written at the time* or upon caees neariy or 
quite f<»gotten* whidi hare rested there, poeeibly undistorbed for 
a hundred years or more. Perhape it maj be eo with these pre- 
eented todaj. This group of Revolutionaij papers* touching 
^ pereons enemical to the States*^ differing in character* bat bar* 
ing a certain rdation to each other through their time and subject- 
matter* illustrate in eereral phases the political and eocial condi- 
tions of the period* aside from any perMnal intereet connected 
with those whoee btJti&B or fortnnee were concerned therein. How* 
erer slight they maj be in themselyes* they fidl* for whatOTcr thej 
are worth* into the accumulating material for histoij ss told bgr 
oontemporariee. 

One paper is an original Verdict* just ss it was drawn iq» by As 
Jury to whose decision the ieeue was committed and by whom it 
was returned into Court and accepted. It is on a narrow strip of 
pi^per* with the linee of age upon ite Cmo* without date or signature* 
and aetmy from any other papers or proceedings of the case in which 
it was rendered, of which nothing else now remains. Its identifica- 
tion* howcTer* can* without much difficulty* be made out It is 
somewhat informal* and lacks the more impoeing outward diaiao- 
teristies which belong to similar instruments t»daj, but it eon- 
tains all the eeeential elements* and, ss history shows* was effectiTe. 
The Verdict is ss follows: — 

L 

eie ef oppiBloa 
** Hie Jorore epua t htUxOiab e e eji that Edward Wentworth* efaMO 
the 19*^ Aprfl 1776 hae been 4 now li InlQlealy diepoeed towarde this 
4 the other United Statee of America* That Ue farther BesUsneeb In 
this State le Daagerooe to the pQbliok Fiaee 4 Safty.** 

pSadofsed] Edward Wentworth 

Vefdlet— 
17 



SM IBB oounuii I 



mt or KuuoHDasm. pUmat, 



Hera if nothing upon die Vsrdiot to ahow under wlut particulur 
Inr th* trial mt held ; bat thero wu unpls l^iiUlive ptoTiuon for 
it. llr. GooiUI, in hkNotM to thattudBrd edition of the PRivinn 
VtwM, giTSB the fnll hiatotj of the {mcoedingt end the enactments 
telatiag to peiaaaa anapeoted of being « dangeroua to the State," 
or "dinffeoted to the Caiue of America," in hia acoonnt of the 
Covrt of Inqniij with a joriadiotion limited to Snffolk Conn^, 
and of die General Aeta of 1 Hay, ITIS, eh. 21, of 9 Haj, 1777, 
dh. 45, and the SapplenMnlal Aet of 10 Uajr, 1777, oL 48. The 
latter, wUeh bjr its tenu waa to b« ia fotee only till 1 Jannaiy, 
1778, pnridea lor promiring eridenoe, pnparing liata of auspeetMl 
petaooa, tor their apprehenaion, their trial bj jniy, their panial^ 
meat on eaBviotion, with aondiy r^olationa aa to dM diapoaitioa 



«f their property and e 

The Bosbn Town Recoida ia the earlj dajv of the Revolution 
ahow the atate of paUie feeling and alao the varioua meaanrea 
taken with regard to aoqwcted or dangerooi peraona. For ex- 
ample t —Then waa aa article ia the Watnut fcr dte Town UeeU 
iag of 19 Uarsh, 1777 — 

"TocoaelderwhataepeamaaB W iaryto prarant the Inco a Twleaefaa 
« Daapr IbU my happaa ton ptnona raaertlng to, or raaidlng in 
the Tkwa, who an Jmtly aaqMMod of bdng iaalBleal to the Amariaan 



The Conmittaa appointed tbereoa reported — 

"That a Coianlttee or Twelve Mittable perMNW, one In eaeh Ward, be 
ahoaaa la take Un Mamca of all Pwaona, who bare ooma to reside ia 
ToTO, riMa the !»• of April 1778 ... the NaoMa of aU RefngeM 
« othtr dlaaCaeted FmoBe A to take the Namca of the Towna & 
Statai, from wbeaoa mh Fanooa omm. who era Jnally anapeeted of 
being lotaifcal to the Stalm of Ameriem; A make Rqiort rron time 
latima To the CommlUeeof Comapondenoa, Inspectkm A Safety, to 
be aaed t7 them, ae Oecaaioa nwy raqaire." ' 

■rNriMtLa«i^T.lT^nT.tll,MI^711,rH. SNata•p^•l^<t4.TT^ 
Ma. ThMai4ii^«Uahwanapf*Hl7afUMit«lte.llon,wMiMnra(lb«M 
Uma to liMk l> Iha AMa •< 9» Jaam ITTB. (h. 10k of « J«M, 1T7», ah. a, Bwt 

ttnjma.sm.^i. <Aii,*.nt,ioTxuoT.) tmikonii^r.m.mL 
sm,utt. 

■ ■ irtia t iiiii r amwIwImw ' lilwHnriB.ira-WT. 



ISM) aOia KAflUOBDBBXn TOBBB. 260 

Oa the fifth of May, the dnag^t of a PetilioD to the General 
Assembly, which had been voted on the third, was anfatnitted, pny- 
ing, among other things, — 

" tbat eHeotoal Ueaauns be taken to asoora na from oar faitero^ 
Eaamlaa, wbioh we apprebtnd eaonot be aoeompUshid, but 1^ a total 
A tostaat Seperatfam ; [and] tbat wheoavw h ahall appear to aneh 
Feraona as tbe Hon*^ Court ahaU pleaae to appdnt, that the Baaideaoe 
of any Feraoa or Feraona in this Town, is Ineonsblent with Iba pnbUe 
peaee A safety, that they be appobited A Inpowered to ramore Imma^ 
diat«1y anoh PerMoa A their Families, to soy pUoe of tbe United 
SUtes, and making their Betoni, wltboat UaTS Orit obtahied of the 
Genenl Conrt, Treaaon against tbe State." ' 

In the Warrant for the Town Meeting held on Satnrday, 17 May. 
1777, there waa aa Arlaole under the fist aeotina of the Act of 
10 May, 1777, oh. 48«— 

*'To ehnae by Ballot aome Feraon flrmly attoebed to the AoMriean 
Caaae, to proenra Evldetice that may be bad of the Infanlcal Dlapoat- 
tiona, towarda this, or any of the United Btataa, of any InhaUtanta of 
tUa Town, wbo ahall be efaarged by tbe Ffetbolders of being a Pti^ 
eon wboae Bealdenoa tai tbta Sute la dangeroua to the pnblle peace or 
Safe^ . . . after loi^ Debate a motion waa mada^ that the Seuea of 
the Town he takso, vbetber they wIU now oome lo the Cholot of sooh 
a Person— tiw notion bslng withdrawn. The InhaUlany wen direeted 
to briog Id their Votes for a Person to procnre Bridenoee Ac agreaUe 
to a laU Act of Aa Court Tbe Votea betng bro't la A Sorted, H 
appeared tbat Wmiam Tndor Eaq. waa ehoaea for the paipoee af«(» 



At the adjoninment of the Meeting, in the afternoon, it waa — 
" Voted, tbat the Ssleetmen be daalred to letlia A maka a Uat Of 
ench Persons ss they sbsU know, or beliere to be Inlmleal to tiie nnhed 
Smtea, and lay the aama betoce the Town." 

Thia waa done. Then followed a Tote for — 
"aCotnitte to wait apoa One of the non'^CooBdl of tUa State A 
deehe that the Persons Toted, by the Town to be inlmleal penona to 
these Slates, bs immediataly apprebendad A oonflned." 

' Bcatea Begged CemmMsMrs' Reports, XTiU.Sn,ecrrMtod fay ttoesir 



THB COLOHIAL flOOIErr or KAMAOHUBBRB. [IfAMBt 

Aft tbe ad jonmmenti on tlie f oUowin^ If ondaj, the CommittM 
iqwrt ed their oomplknoe with their inetmetione, — 

•«BBt that tbey bed reoeired for Anewery that this eoald not be done 
bj biiB without Adrioe of Cotiocil. 

*«T1wfoUowiogLi»t* of eiiebFtoreooebdongfaig to this Town* ae bare 
been endeaToaring ehioe the 19*^ of April 1776» to coaateraet the aaited 
Slrasi^ of this * the nelgbboiiriBg 8talee« In tbe Opinion of a 
llijerity of this Meetfaig ie tbe liet wbleh tbe Town Oerk ie to dellfer 
la t«fo or HMre Jeetioes of tbe FlMoe for this Conntj — QMomfn CTane — 
j yiM b ie to a lale Ad of the Qenetal Aeeea bly — Via*: — 

WnibuB Perry 
ly Sanioel Danforth 
George Loeh 
Edward Hatchlneon^ 
Tbomae Edwards ' 
Hopestni Capen 
Patrick WaU 
Bonjamla Davis 



K 

Mather BjleOt D. D. 
Benjaarfn Pbillipe 
Dr JaoMe Ueyd 
Daniel Habbaid 
D' leaae Band Jon** 
JobnTtafte 
Edward Wentworth * 



t With tbe aieeptioB of tboM of John Tofts, FMriek Wall, Beajamla DstIs, 
Js^ DsTia Fkrfcer, Cbailes Wbiteworib, sod Dr. Thonss Ksst» sU tbs aames 
ia this list sppesr hi SsMne't Biogrsphioa Sketches of Loyslists of tbs 
AsNrlesa Refoiation (edition of 1861),— sefsrsl of tbem Anding a pbos hi 
lbs •^FrsgrnsBts," prfaited st tbs sad of Volsnie If.,— wbidi see. 

Efetan of tbs persoas aamsd hi this List sppesr In Mr. Foote's Annsis of 
Sag's Cbspel, asnslj:— Matbsr Bylss 0. 482; U. 483X Bsnjsinln PhlUips 
(B. 39ex Dr. JsMss Lb^ (U. 155^ 887, 800, 610), Dsniel Ilnbbsid (II. 807), 
Dr. iMse BsDd, Jr. 0L 201, 833), WinUm Fbny (U. 306), Riohsrd Gresn (IL 
aOS), Tbonss Amoiy 0L 205, 480), Dr. Tbomss Ksst (U. 170, 888, 861, 608), 
Mm Errbig (IL 120, 160^ 17^ 210, 226, 588X snd George Bethnne (H. 72). 

Dr. Auaes Tbsebsr^ AsMrisaa MediesI Biogrsphy eontsins sppredsthe 
nstiees sf Dr. ^smss Uojd (L 850-976), Dr. Issss Bsnd (II. lS-16), Dr. 
flsanwl Dsafofib (11. 238-238), snd Dr. Tbomss Ksst (I. 844, 84&) 

Setsnl sf tbs aaans In this list are to bs foand among tbs Addremsrsol 
HatcMnsoa sad tbs Fhilsslsrs sgshist tbs Solemn Lesgas sad Cofsasat, 
prialsd hi I MiMi pb n mU i Hlitorlssl Soelstj^ Piroessdings for Ootober, 1870, 
al.e02-80& flssslsoiW. lor Dsssmber, 1880, ztUL 266-468. 

• Dr. Imss Baad, Jr^ a grsd asts of Hsrrsrd Ccrflsge hi tbs dsfs of 1761 
WIS s< tbs Cbs rU rtsn a fsmfly. flss Wyaisa'b Gensabigiss sad' Eststes of 
CharisiAava, ii. 786; sad TbeehsPs AaMTfasa Msdksl Biogn^, IL lS-16. 

* Bdwwi Hn li blM iB Is bsBsfod to bsfo bssa a ceasto ef tbs Govsraer. 
VeabewBsaeeneltbe Hsn. Bdwari HntafafaNsn (167S-17it), Jndgs of 






: 






isi 



1806.] 



noMB KAtf^^ '""*"'** TOBne« 



tai 



Benf Dayla, JnaT 
Darid Parker 
Jsnes Peridns 
Nathaniel Gary > 
Btebard Green 
Wmiam Jaekson 
Sanioel Bcoadstreet* 



Thomas Amoiy 
Chariee Wbltewocth 
Df Tbomae Kaet 
John Errhig Eeq. 
Osorge Bethnne 
Dr. Mllee WhUworth.** 



At a Town Meeting on Thuxeday, 22 May, 177T— 

«« Agreable to a WHt from Eieklel Prfoe Eeq. Cleriiof tbe Seoelone 
4bo— the foUowiog Psreone were drawn out of the Jary Bos, ae Jnroia 
for a speeUa Owrt, to be held for the Tiyal of each Farsone ae tbe 
Town have lepraented to be Inimical to tbsee Btaise and dangerooe to 
the paUle Safety, — Vl^ Messrs Jeremkb Belknap, Edward Csmee, 
Samoel Daebwood, William FaUase, John Newell, Jobn BaUard.'** 

Pkobate In tbs County of SafEolk, who wss sueessded by bis aepbsw tbs 
Gofemor; bom hi Boston, 18 December, 1720; grsdvstsd st Hsrrsrd CoUsgs 
in 1748; sn Addremer of Gsge In 1775; snd died hi 1806. (New Englsnd 
Historicsl sad Genealoglesl Regifter for 1865^ six. 18-20; Wbitmore's CItU 
List, p. 80; sod Ssbhie's Bk^grsphiesl Skstobss of LojsUsts of tbs Amsriesa 
BsTolntion (edition of 1864), IL 585.) 

» Nsthsniel Csry wss a Bostoa merdisat, st tbsTowa Desk, sa Addrensr 
of Hotehinson sad Gsge, snd a Protestor sgsfaist tbs Solsma Lssgas sad 
Cofensni (Memorisl Hlstoiy of Boston, iH. 158, 176; sad 1 ProesediagB of 
tbs MsflssebnsetU Historicsl Sodsty for October, 1870^ zL 802-8050 

• SsmnelBrsditreet— orBrosdstreet,sstbsBsmswssformsr^3rproooaassd, 

sad lomethnes spelled — wss probsbly tbs merebsat of tbst asms of Boston 
sad Cbsrlestown, a soa of Samael Brsdstieet, bom 6 (bq^tbsd Q Msy, 1748, 
st Chsriestown, who died, a bscbelor, 14 Jnly, 1810. He wss a grandnoa of 
tbs Hon. Eichsrd Foster, Jr., Sberiff of Mlddlesei, 1781-1764| sad Jadgs of 
tbs Coort of CommoB Pless, 1764-1771. (PsmUy Beoord; sad Wynisa<k 
Gsnssbigles sad Eststes of Cbsrisslown, 1. 115, 116. 868.) 

• Boston Becord CommMonsrs' Bsports. zWtt. 280-288. In bis Dlsiy, 
andsr dsts of 20 April, 1776, BsekW Pries ststss tbst— 

-Dr. WbHweitb sad sen were yMtet^ ea tbrfr ei s mla i Sls a. sad ^^^^^ 
etd«ed te give lisiL Ittaisidthe Js^tfemlsife sfbhaeeef the derterliBcS fcsjiag 
seledtbei>srt€f ss henert tstgeon te hb pmKfes en the Isis laJsttsssls OrisntI 
PsriMr;sod thai hb Kmh wm aMMCMMrily tsksn si; sad asnrt as#srtsf stUai- 
sncs en hfan, ly which mssM he lett hto ttft." 

(1 PMceedbigi of tbe Msscsebaistti mstorlcsl Society Isr Nofsmbsr, 1868, 
▼IL252,258.) Dr. Wbltwottb wss sn Addiaiisr of HatebfaMoa, sad bis asiae 
sppssn hi tbs Ust ss a Saigsoa, of Whig's Lsas. (IM. fir October, 181% 

3d. 804.) 

« Boslsa Besoid CommissionsnP Bspoitib nHtt. 284. 



^ 



THB OOLDHIAL 80CIXTT OF MABSACHUBETIS. [Mabcb, 

«« Ata lleetfog oC tiM Mectnea June 25, 1777. ... The foUpw- 
iiif wen drawn Jams for a •peeial Court to be liekl at Boetoa f or the 
tfjal of MMpeeled FerMNM If Tueeday July aezi — VSi^ Mete" Joeeph 
Bcadfofd Jan% John SeUeo, Joeeph Loring, Edmund Hart, Joeeph Child 
^eha Hatchet.'' * 



All theeo prooeedingt ehow the yigor with whkh our f orefittheia 
actedt and none the leee their rigid adherenee to all the require- 
ite of existing law. 



Edward WESirwoBTH, ion of Edward and Keziah (Blaokman) 
Wentwoith, was bom in Stou^ton, Maeeachusetts, 1 July, 1729. 
He married (1), 28 July, 1752, the widow Susanna (Winslow) 
Symniee, of Stoughton, born 6 October, 1724, daughter of Josiah 
and Saiah (Hayward) Winslow. She died in May, 1780.> Went- 
worth married (2), 24 September, 1780, Mary Reed* of Boston, 
who died there 24 March, 1800, aged 6a His name appears in the 
List of Loyalisti,^ and also, in oompany with the Rer. Dr. Bylee 
and other worthies, in the List given above. He is also of enough 
eoosequence to be accorded by Sabine a place in his Appendix.* 
His residence, his ai^piehension, the Court where he was tried, and 
the time, appear cleariy by the Town Records, above cited. The 
lecofd of his trial is not to be found. Ten detached leaves are 
all thai remain of the Reoordsof the Court of Sessions from April, 
1776, to July, 1780, and a part of these were discovered in the 
Miscellaneous CoUeotion deecribed in a previous communication, 
and restored to appropriate companionship. According to Sabine, 
be was one of the citizens of Boston arrested by order of the Coun- 
cil, in A|nril, 1778. He i^ipears to have been found guilty, at a 

> Boftoo Beeoffd CcmmimifcwMri' lUporta, szr. 43. 

• The Sflfiflen of Trinity Chanh, IkirtoB, leeord the bvitl of *« Mis. Weat- 
weftKwifeof Mr.EdwMdW«atwortb,66*'yeMi,oo37Msy,178D; aadthe 
ef Edward Wentworth and Mary Raid, 24 September, 1780. 

Haniotd Wentworth, grandaon of Edward Wentworth, aaja t — 



>Mii.Maiy Raed,of Boetoa, Maaa^ ooly daogfalar of Lawrenea aad Martha 
bora ia Loiidom EB^aiid, and eaaa to this eoantry la 1740. 
(1) — - DowM • • •; probably married (S) Capt. 
(TW Weatwecth Geaeelout Baglkh aad AiHriaaa (edMoa of WQ, L 841, 

« Maaerial Hlileiy el Baolea, UL I7S-MI 

• Mirapliliiil nelilii el LaysMrts of the Aswrieea Bsfehitlea (edUiaa 
elliM>iLfM. 



1808.] 



SOME XABtfaOHUSBIlS TOBIES. 



868 



sittinff of the General Sessions of tiie Peace, in June, ITH, 

ana lo have been sent on board tiie guardship.* He died, in con- 
sequence of a broken leg, at Uie age of 86 yeais, and was buried m 

Boston, 9 July, 17M.« 

Two other p^»i» axe Uie Records of two Trials found raong 
tlie remnants just mentioned. They are for minor offences, but go 
to show that absolute loyalty to the new State was inaisted upon, 
and that words no less than deeds were required to be above sus- 
picion or question. 

IL 

••The Jurors upon their OsA preeent That Abraham Solomon of 
Boston hi the County of Suffolk Yeoman at Boetoa aforesaid oa sundry 
days * Umea between the fourth of March laat and the twenty seventh 
day of the same month uttered in Company many maUckma aad aedl- 
tioas Expreasioos In favor of the present Kfaig of Great BriUln, and 
against all the tree Friends of America, as in the Indictment is particu- 
larly aet forth. To which Indictment the said Abraham Solomon Plead 
not Guflty. A Jury was called and sworn to try the laane Who Re- 
turned their Verdict on Oath and Say that the said Abraham Solomon 
la Gnilty. The Court having conaidered of hie Offence Order that the 
said Abraham Solomon Pay aFine of Ten Pdunds to be dispoeed of 
as the Law direcu pay Costs of ftoseeutlon A Stand Committed anttt 

Sentence is performed." 

m. 

••The Juiois upon their Oaths Pwsent That Jonathan Olbbe of 
Framhighamin the County of Middlesex GenUeman at Boeton hi the 
County of Suffolk, on the twentieth day of February laat Seditloualy 
uttered Sundry words Contraiy to a Uwof this SUte as in ^^^^ 
ment Is partlouUriy set fofth. To ttiis Piesentment the said Jonathan 

Gibbs Plead Guflty. 

•• Contlnoed for Judgment * ** .^____— — 

1 ThaaalhoroCTheWentworthGeBealogy(Lt4a)aajs:— 
-m waa aimM •• ^niV*"^'^ **»• *WA 0«r«M^ 

aaypwt to tha Bewllioaaty QfanMael aad waa mlm ii l 

t Chriat Ghareh Beglilem aad Ma amc haa etli M^pBriae far Ja|y, ITHi^- 

• Baeoidaef thaCoatiolGeaaralBeaa l e a aof thePiaea,vel[7^— taada- 
tached leafea, aandiy Tanaa me aad 1717, laatea V. aad ri. April Tw, ITHt 

held at Doatoa 16 April, 1777* 



v: 



tti TIB ooaunnAL toGBrr or XAMAOBuiBrm. fifA>^, 

IV. 

Anodier paper k an original Report of Joseph Otis,i Depnty 
Gaoler, piobaUj made in the tegular ooiuee ot his official dutiesi 
to the OoQft of General Sessions of the Peace. It gives the names 
ol all penoos held nnder his onstodj in the County JaU of Snf- 
folk, in Febraaiy, 1777, and indndes, beside some held as Debtom 
and some nnder criminal chaiges, nine peisons held lor tnitocoos 

or as humieal to the Statea, and tsn held as prii- 
Iliis Report is as follows: — 

•« Boston Febf 18. 1777 

A List of Prisonsis hi Boston Goal 
Itoi; Chareh for hddiaf a Tntiras Oomepondsnoo 




John HiD for behig Eosmieal to the States 

ThoC Jfews for ditto 

no: Edwaids for ditto 

Clean Brash for ditto 

Bsnjr DstIs for ditto 

H o p ss tm Cspen for ditto 

Mtos Hm * Daughter for attempthig to Cany 

IntUlsgencs to the Eosmy 
John Dean Whitworth A prisoner of War 
Bsfin Hen 4 tmo Women prisonem of Wsr tsksn 

Near fort Comberiaad* 
RUf Labj for theft Sentsns'd 
Jfaiy Tonag Seatens'd 
Hsi7 Koax [or Voax] Sentens'd 

John Lovefl for theft not had Us trlsl 
VfteDsMom 

ATVewLirtofPrisonsis 
Attsst Joseph Otis Depr Goaler"* • 

liticsl prisoneis whoee names are found in this List raiy 
khe degree of their prominence in histoiy. Some Uto in 

s Fer a aoliee eC JbM|ih die MS Mii^ ppi ei-et. 
•rk^isHythefarteaChigiiecloBsystthehMideltheBiyelPtody.ea 

iBOfftfawii* eoeie of Hovm Seotis, fai the eowity of CambMkad, MNBewfaat 
is the H B nufg si ef I7S»-17«. (Fkoriaee iMi^ ir. M^ Ml; MB.) 
wm aleo a Fort Ondi«bad ia Hsijted. 
"" OomI flki^ dxzriii. iMTi. 



18ML] 

qnestionaUe distinction, and others, iiriiateYer their standhig at 
the time, hare been nearly or qoite forgotten. 

In his Diary, already referred to in this papei^ Bseldel Price saya, 
nnder date ot SO AprU, 1776: •^Sereral of the actiye Tories hsTo 
been examined by the Coort of Inquiry, and committed to jail for 
trial;** and, under date of Wednesday, 16 May, ««Went to Boston. 
A number ot Tories were examined before the Court of Inquiry.**' 
Among these, doubtless, were some of the prisonem on the List 
now before us. 

Db. Bmr jAicnr Chitsoh, Jb^ needs but brief mention, so much 
has been written as to his lifo and career, in their general features. 
A man of strongly marked character, of yaried accomplishments, 
with ability both executiYe and administratiTe, tal e nted, almost 
endowed with genius, full of energy and force, recognixed as a 
man to lead men and to shape erents, one of the earliest and 
most acUye in that remarkable body of Boston men that en- 
gineered the struggle of the ProTince against the mother oountxy, 
—a patriot at the outset, and ** the first traitor** to that cause, de- 
tected, conTicted by Court Martial, examined and expelled by the 
ProTincial Congrees, exiled, and ranishing from sight in one of the 
unknown tragedies of the sea, his career and his fate are alike 
mysterious. 

While the story of his defectioQ and of the erents that followed 
it has been tcdd by many,* much less has been said of the senrices 
which he rendered the American cause in the Aro yesss before the 
breaking out of the War. 

M FhMedUngi of the IfaimehaMlCt Historioel Soeielgr lor HofeadMr, IMI^ 
?iL8S^S5& 

• If eoMriml Hirtory of Borton, il Ml, fit 1 11, 14S, sad 176, and aalhoritiie 
•Ued; NwnUiTe end CriOod Hittoiy of Amerioe, ri. 149^ sad aothoritiM eited ; 
ftolh tnfh am ' t Lift end Tbaee of JoMph Wmtso, p. 225; Fkethiogbsai't ffit* 
toryoftheM^geef Bortoo,pw26S; Loriag't Hoadred Boitoo Oimton (Seeoad 
edhlon), p. aS; IfaMsohiiMtte Anhifie, eszzriiL 9M; Kew EaglMid Uktori- 
eel end QtiMalogleel B«firt«r lor April, 1SS7, sL 128; 8ebiBe*i BiofiapUoal 
Sketeheo ef LoyaUoto of the AoMrioea Borolalioo (editioQ of 1884), L 818; 
Oofdoo'e Hliloiy of the Aaoricea Beirolntioa (Loodoa, 1788), ii. 184-188; 
ThedMi^ MiUftery Joanial doriag the Amerieaa BsfolatioBeiy War (edition 
ef 1888), ppi 88^ 88 sad Mte; llooie% Dieiy ef the AMrioaa Berolatiea, 1. 84 1 
LeooiBc'eFleldBeokef theBefelaliDB,l.888} flhfe ead 
•iel,pw m; sad Fkefriaee La«% ▼. 912; 818). 



IflB OOt^MIAL tOOIBTT OF 1CA88A0HU8ETI8. pUmom, 

Hm Reootdt of tlie Town of Boston show how yaried and oon- 
M pk m mB theio tenriees woiOv and how ptominent a part he played 
in this itoffinj period. He is found in oompany with John Uan- 
eo€k» John and Samnel Adams, Dr. Warren, Josiah Quiney, and 
other leading dtizens in the raeaenres which the town adopted 
as the different exigeneies of the oecasion required. To name 
eone of the important oommittees' on which he served is enoogh : 
(1) ^ Uarah, 1770, "^to wait on his Honor the Lieu*. €U>Temor ** 
after the Boston HssMcre (p. 2) ; (2) the next year, 12 March, 
to consider of **some Soitahle Method to peipetoate the memory 
ol** h (p. 47), reporting kter— 

**That for the preeent the Town make choice of a proper Psrsoa to de- 
Kfcr aa Oratioo • • • to coaimeiBorate the barbaroos murder of fire of 
oar Fellow Citiseos on that fatal Day, and to Isipress apoo oar minds 
ths ralooas tendency of Staadiog Armies In Free Cities^ and the aeoes- 
sity of each noble eicertioos la all f atare tisMS, as ths lohaUtants of 
ths Town then amde* (p»4S); 

and (8) on the nineteenth of the same month to consider a Report 
anbnutted ^to Tindioate the Character of the Town Inhabitants 
giosly injured in • • • a Narrative of the Tiyals &c said to be 
printed l^ permission of the Hon^ Court, and ako in several 
anonimous publications ** (p. 40) ; (4) On the sixth of May, 1772, 
**to draw up Instruction to the Four Gentlemen this Day ohcee 
to Represent the Town of Boston in the next General Assembly — 
Uon^ Thomaa Cushing, M' Samuel Adams, the Hon*** John Han- 
cock Esq. and M' WUliam PhiUips** (p. 80), — a most forcible 
Instruction (pp. 88-86), to which was added one touching the 
«sakriesof the Judges of the Superior Court** (p. 88); (5)280ctO' 
her, 1772, with ««Mr. Samuel Adams and Dr. Joseph Warren • • • 
to draw up an Address to the Governor** on the latter subject 
(pu 89), which, brief and sharp, «<passed in the Affermative— i\r<na 
CM.** (p. 90); (6) 2 November, 1772, one of twenty-one perMms 
appoin t ed by the Town, on Motion of Samuel Adams, as •^a Com- 
■uttoe of CoRespondenoe • • • to State the Rights of the Colonists 
and of this Province in particular, as Men, as Christians, and as 
Suhjscis** (pw 98)^ and one of a sub-committee todranght the letter 



u0poti§f sfULf 



(osmotsd by ths 



1806.] 



801CS MAB8A0HU8BTI8 T0B1X8. 



267 



•« to the several Towns in this Province and to the World ** (p. 94). 
The draught stating the Natural Rights of the Colonists as Men, 
as Christians, and as Subjects, is given in full under those heads 
in the Town Records (pp. 95-99), with the "List of Infringe- 
ments & VioUtions of Rights** (pp. 99-106), and the Letter •^to 
the other Towns" (pp. lOe-108); (7) Sevwal times upon the Com- 
mittee to select the Fifth of March Orator. On the fifth of March, 
1778, he was himself the Orator, ••unanimously chosen,** and his 
••Eloquent and Spirited Oration [was] delivered ... to a large 
and crowded Audience, and received 1^ them with great applause 
... at the Old South Meeting House at I past 12, 0'Clock A:ii:** 
(p. 109) ; (8) 28 March, 1778, he was on a (Committee •♦to vindi- 
cate the Town from the groes misrepresentations and groundless 
charges in his ExceUencies Messages to both Houses of the Gen- 
eial Assembly respecting the proc^dings of the Town at their last 
Meeting,** whose spirited Report, read by Samuel Adams, given 
in full (pp. 120-126), ••was accepted by the Town nevMne tanira^ 
diutUe, and Ordered to be Recorded on the Towns Book, as the 
Sense of the Inhabitants of this Town** (p. 126); (9) 6 May, 
1778, he was of the Committee to ••give Instructions to the Repre* 
sentatives,— the Hon^ Thomas Cushing Esq. M' Samuel Adams, 
Hon«* John Hancock Esq. William Phillips Esq.** — whose vig- 
orous Instructions, given in full (pp. 182-184), wero •* unanimously 
. . . accepted** and ordered to be •♦printed in the Several News 
Papers** (p. 184) ; (10) 10 May, 1774, he was again upon a Com- 
mittee to proparo Instructions to the Representatives, its Chair- 
man, and associated vriih John Adams, Dr. Warren, Josiah Quincy, 
and other leading men (p. 169); (11) 19 July, 1774, on a Com- 
mittee with Samuel and John Adams, Josiah Quincy« Dr. War* 
ron, Thomas Cushing, John Hancock, Rev. Dr. C^auncy, Rev. Dr. 
Samuel Mather and others, •♦to consider & Report a Declaration to 
be made by this Town to Great Britain & all the Worid ** (p. 188) ; 
(12) 26 September, 1774, he was again one of a Committee ••to 
preparo Instructions for our Representatives,** and, vrith Dr. War- 
ron and Mr. Nathaniel Appleton, was chosen a Member of the 
Provincial Congrees (p. 191); (18) 8 November, 1774,— ••At an 
Adjournment of the Port Bill Meeting**— he was pnt on the 
Committee which reported on ••what aro the proper Ways * 
Means to securo the Peace 4 good Older of the Town***— touch. 



IBB OOI0inAL ■OCBTT OV MAMAOHUBmrX'S. [lCAROir» 



ing aiaiiilj the pmenoe of ^^Smidrjr Regiments of his Mftjesty^s 
TVoops • • • ttmtnaj to Lawt 4 to the gxeat Annoyance & Detri- 
Mentof his Usjestj^s good Snhjects of this PiOTinee, now stationed 
in the Town of Boston, in a Time of profound Peace,** — and on 
that to wait open the Ooremor therewith (pp. 104-195) ; (14) •'At 
a Uaethig of the Inhabitants of the Town of Boston p Adjoam> 
nwnt of the Poii Bill Meeting,** 7 December, 1774, he was chosen 
ooe of a Committee of sixiy-two headed bj **The Hon*** Thomas 
CiMhing Esq.** as **a Committee of Inspection, & to cany the 
B oso lnt io BS of the Continental Congress into Execution;'* and 
ooe ol a Committee of serea ««to dnwght a Vote of Thanks** 
to dm «8isler Colonies** for their «• benevolent Assistance** (pp. 
(S05-M7); (15) 14 December, 1774, a Committee oonsiating of 
•"IT Samnel Adams, D' Benjamin Chmch IX Joseph Wamn** 
was appointed to consider and report upon the •« Answer to a 
Letter written to General Gage by the Hon^ Peyton Randolph 
Esq. Prssidentof the hite Continental Congress,** on the ground 
of ito containing ^^diTerse Gross Mistakes, to the Prejudice of this 
Town** (pu 807). Their Report, made 30 December, upon this 
answor ol General Gage is girea in full (pp. 809-211) and, «« consid- 
mod Paiagraph by Panigfaph,** was accepted, •* ^m. (7<m.** ^ 211) I 
(16) On the same day, with •'The Hon*** Thomas Gushing Esq. M' 
Samnel Adams, Hon^ John Hancock Esq. D' Joseph Wanen, M' 
OUfor Wendell, M' John Pitts,** be was chcaen one of the ••Seven 
Delegates for the intended Pmrinci^lCkmgraB** (p. 211); (17) On 
the sixth of March, 1775, he was on the Committee to wait upon 
^Joseph Wanon Esq.,** the Fifth of Mareh Orator of that year, 
and •^require of him a Copy of said Oration for the Prass**; and 
he was also appointed on the Committee to select the Orator lor 
the wxt year (pj^ 215, 219). Thereafter, ominously, his name n6 
ledger appearnqm the Records of the Town« 

On the tUrty-fint of July, 1775, Dr. Churah appean as a mem- 

of a Oesamittoe with Major Joseph Hawley and Mv. Joseph 

Whsder «witk sodi as the hoooraUe Board shall join, to fari^ 

*-''•"• vacating the Commissions of all sndi Civfl OiBcen 

iVpointed by the Gofemor with the Advice of 

Js«M4i.iit nofiaos Lmv% V. m. 



18ML] 



aoMB M^^^^ '*" '*"■ ' ' ' '* xouas. 



869 



Jomr Hill has left nothing behind him but the shadow of a 
name. Perhaps he was the son of Alexander and Thankful 
(Allen) HHl, who was bom in Boston, 22 July, 1748.1 

Thomas Edwabdo and Thomas Mswsn are said by Sabine te 

have been arrested by order of the Council in April, 1776, 

Edwards is named in the List in the Town Recordi, prevfeusly 

given,* of those who ••have been endeavouring since the 19^ (rf 

April, 1775, to counteract the united Struggles of this * the 

nei^bouring States;** and Mewse is included in the List of 
t 



*«Miss Hill 4i Dauohtbb** are not identified, unless, periu^ 
they were connected with the equally obscure Jehn HilL 

John Dmav Wkitwobth, according te Sabine 0^* $05), was 
a ^ Lieutenant in the Queen*8 Rangers, Taken prisoner in 1776f 
sent te Boston, examined and put in jail by Order of the (Govern* 
ment of Massachusetts.** He was a son of Dr. Miles Whitworth,* 
and was bom in Boston, 26 November, 1749.* 

BmrjAifur Davis was a merchant of Boston; was one of those 
^proscribed as enemies of the new State; *** and he is named in the 
List of the Loyalists.^ In the copy ct the Broadside oontaining a 
List of the Protesten against the Solemn League and Covenant, 
and a List of the Addressen of Hutohinson, in 1774, reprinted by 
the Massachusette Historical Society,' Davis*s name iqipean in both 
Liste. He is described m of «" Town Dock, Huckster.** He was 
also an Addresser of Ghige, in 1775 ; and his name is included in 
the Act of 16 October, 1778, chap. 24, ^to prevent the Return 
to this State, of certain perK>ns • • • who have left this Stete • • • 
and joined the Enemies thereof.*** The Letten of John Andrews 

> Dotton Tmm Reeordt. C/. poti, p. 276; Sbaiildri Topofrtphiesl and 
Historical DweripUonof Boston (Third aditioaX pp. IBA. SM ; lUnorialHit- 
tory of Bostoo, IL 4M; Bostoa Booord CooMnlMlonm* Boporti. sri. lIMlt, 
ISS, 13ft» 137, IM, lt7; sad sc SS; sad SablDi^ Btofn^Otel ghrt i l ii si 
U^isls of the ABorkaa Bofolatioa (odUiM of IA04), L it*. 

• Set MtUtt pp. aSQ, SSI. 

• Memorial Hislofj of Boiteo, Itt. 17ft. 

« Sea onto. p. SSI, Mte ft. * Bostoa Town Bsasfdi* 

• Maanorial Hislotj of Botloa, iL Sift. v.iW.iiLI7ft. 

• 1 Phweaaiy of thelfaiMAaisftilIisteriMl8osia<jrtorOBtob»,lft7ft,ai. 



• Aoriam Lmv% V. ftlS; lOOI-lOOi. 



270 TRB CNHLOaiAL tOGaR OF MAMlOHUIXm. [llAMni, 

uder dM0 of 7 Oe«ofa«v 1774, menlMNi thai «« Ben Daris hM I«t 
Ut Stm on the Doek lor the me of tht tnMpe.** • He left 
Boetoa with hk fiunflj and went to Haliikz; in his pemgo 
theooe to New YoA he was eaptored in the aUp ** Peggy,** oar- 
tied into Ha rMe head, eent to Beaton, and then impriMned. 
EmOM Prioe, in Ua Diarjr, thw lefeia to hia aniTal: — 

•« llood^, Jaly ». [177$]. •• Broaght to town BeDJamin Dayia and a 
anMbcroC other Toriea, who were oomoiittod to jaiL They were takea 
ia a aUp frooi QaUfkx to New York: the bad a Tahiable earoo on 
hoaid."* • 

Dariieeemi to have had a hard time in jail, m appeals by a letter 
to Jamea Bowdoin, dated 10 October, 1776. He was a man of 
w ndth andia said to hare lost some XIOOO sterling when he left 
Boston, besides X1500 sterling on his eaptnie* as well as laige 
aaonnts dne him bat never recorered. He was pfoscribed and 
buiished in 1778, and ia said to hare been in New York at the 
cloee of the War.' 

HoPEsmx Cafex, the son of John and Elizabeth (Hall) Q^ien, 
waa bom in Dorchester, Massachnsetts, 4 Match, 1780-ai.« Like 
Daris, he was a merobant of Beaton ; and his place of business, at 
OeNorth End, waa the prototype of the Department Stores of the 
prasent generation. His name, too, like that of Davis, is found in 
the List of the Proscribed of the Loyalisti, on the Town Recoids, 
and also in the Lists of the Addresseis of Hn(«hinson,-.whew 

he ^jpean aa of Union Street, a •♦Carpenter, ktely a ahopkeeper,- 
— andof the-Protesteis.- He doea not appear to hare found 
tene for much senrice in the affairs of the Town, though he was 
choaen, IS Uaroh, 1770, a -Scayinger*' fiom Ward 6. 
Capcn was one of the pillam of the escellent and highly re. 

^peeted company of the Sandemaniana, in behalf of whom, 7 April* 
in^accompanied by Edward Foster, he "attended and acquainted 
lie Select Men that they had ktely lost their House of Woiship 

^ITkeeaediapef the Ifu M di m rtli ttitoriaal Oodtly, tor Jajy, Mi^ 
• iW. lor November, 18SS, riL SSL 

fAteenesq^Liss.sio 

Xiini 



laea.] 



aOICB XASaAOHUBETXa XOBIBB. 



271 



by Fire, and therefore praying that they might hare the use of the 
North Lattin School upon Sabbaths.**^ Benjamin Davis was ako 
of the same sect; indeed, the Sandemaniana were mostly Loyalists, 
and caused the Patriots endless trouble* 

According to Sabine (L 298)» Capen was arrested by order 
of the Council, in 1776, and committed to jail| and in Octo> 
ber of that year a petition waa atarted by hk wife,* backed by 
some eighfy citisens of Boston, setting out the sufferings of hei^ 
self and children in oonsequenoe of his arrest, and saying that he 
was an honest and peaceable citizen, and had rendered yaluaUo 
aervice in trying to sare the property of Absentees during the 
occupation of the town by the British. He, himself, in the follow* 
ing December, complained of the sereritj of his treatment and of 
his long and close impiiBonmcnt for neariy five months, in a written 
appeal to Sheriff Greenleaf, who» feeling himself peieonally 
aggriered, laid it before the House of BepresentatiTea;— Capen 
also drew up a long application to the Court of Inquiry, which he 
expected to take up his case. Like sereral others whose namea 
are included in the Town List of 17 May, 1777«* he was in jaQ at 
that date, and that action of the Town must hare looked both to 
the trial of those already confined, and to the apprehension of such 
others m had not then been arrested. 

After the cloee of the war, Capen aeems to have become re- 
instated as a safe citizen and of ** good moral character,** aincot on 
26 July, 1786, at a meeting of the Selectmen, he waa one of 
twelre ^Persons • . . drawn Jurors for a Maritime Court on 
9^ of August next, ** — the name of **Paul RcTeire Eaq** being 
the one drawn immediately before Capen'a;* and in 1795 he was 
liring near the Market He died in Boston on the morning of 
Monday, 2 March, 1807, at the age of 76.* 

> Boston Record Commleilonera* Beporti, xziii. 171. TIm titai of all the 
plaoMof wonhipof ibaSandemaniaa Soci^jr in Boston aie idontiflod aad d»> 
seribed by our assodato Mr. Heniy H. Edes in a oommanleatloo, lUaftratod 
by Plans, made to tfM Soolefy at its 8Uit«l M asthif fai llaieh, leet. Bm ^tti, 
▼i. 100-130. 

* Be&potl^ p. 806, ntH 2. 

* Boston Baoord CoimnlssloMri* Bsport% xrilL M, M. 
« lUd. zzT. S17. 

i Odanbian Centlnsl, Ifo. 9104, of Wodnssd^, 4 Maiel^ 1007, wUsh stMis 
thai the fnnsral win tdn pbot onTlmiBdiqr afl sfaooa**freai hli kit koois^ 
V. 4lt Haaofsr Strsst** flii intsiliti sstMe wis sdaiiaWtswd by IhoaMS 



THE OCMXUnAL tOOIBTT or MAflfliAOHUIBin. \UjJteu, 



fit 



Cbbav Bbubh wm a MOiewlyit ttrildiig figure and hk life 
kad m it BO litUa oC inddent and adTentnra. He had a streak in 
hit ]Bake4q»of soaietliing quite alien to the oidinaij New-England 
t)^ of ehaneter of thai day, and he atands oot| in manj points, 
in shaip eontrasi to his fellow prisoners. What hss heen written 
of him hss giren him a questionable notoriety, and he hss not 
escaped unsparing judgment as well as some hanh epithets. The 
▼arious accounts aie substantially the same, and, to a considerable 
extent, seem to be repetitions (me of another.^ 

Brush was bom in Dublin and bred to the law. Beyond this 
little seems to be known of his career in Europe. He emigrated 
to Aflwrioa about 1762, and settled in New York, where he was 
admitted to praetace and held office under the ProTincial Secretary. 
He was a member of the Assembly of New York, where he gained 
acme note and influence. He was Clerk and Surrogate of Cum- 
heriaad County. In 1771 he remored to the «< Hampshire Giants,'' 
where he held some 50,000 acres, and in the controvenies between 
the settles of the Grants and New York he took an actire part 
and was a strong partisan of New York. In the Giants he came 
Ethan Allen, who married his step-daughter Frances.* Brush 
to Boston in the autumn of 1775, and soon found faror with 
General Gage, as he did later with General Howe. His eneigy, 
daring, and unscrupulousness made him an efficient agent, and 
like his could easily find a field of operations. Periiaps his 
ipulousness was not too obvious, considering that the duties 
committed to him pre-supposed integrity and rigid fidelity to a 
Inist; or possibly, under the circumstances, it was not considered 
'kj any means a disqualification. The — 



lasa.] 



OOMB Ki*y^^^"'^**^™ TOBIBB* 



S78 



of Bostoa, OMnliMiti ia whom aeoMint^ Milled If October, 1807, If a 
for graTHloiiee and MwUier for aettiag them. (Suffolk Pkobslo FOti^ 
JCebfS;SSl.) 8ee^efi;p.SSS^iieltS. 

* fisbiae's BlegrapliJkd gkeldiet of LojaHfU of the Ameriesa RefolnUoa 
(tiilioa of ISSf XL 270-979; NMrntire tiid Criticftl Hiiitory of Americo, ri. 
9S6^ aad solhoritiee eited ; Memorid Iliflory of BoetoB, HL f7, and MilhoritiflS 
dM; Sieso end EnMMtioii Memorial, ^ lS4-ieS; aad CoOeetloos of tha 
Csaaeutiiai Hietorfeal fioeie^. iL SOL 

*llis.rhuMes]hKhaaaa, whobaebaea daeeribad aa a •'daehlag'* Toaag 
bora 4 April, irea She was Berried to Allen, m hit Meond wifi^ 
r, Tormoat, S FAraaiy, 1784 (WUlard 8. AUea% Goaaalogy of 
ABea of Wiadnr, Coaaeelieat, aad Somm of Ut DeMeadanli, p. S.) 
QC ABnA AiHrima BbfiapMnl DMoaanr (Third sdlttoa), pf. !•-»». 



•! 
"» 






ti ^ 






J* 



•• Commisston l^ Ws Excellency, the Hon. Thomas Gsge, Cspt Geoaial, 
GowDor-itt-Chiaf te te To Crean Brush, Esqoirs:'' issued 1 Octo- 
ber, 1775, cooceniiDg "laige Quantities of Goods, Wares sad Mer- 
diandissb Chattels sod Effects ... left hi the Town of Boston,* — 
iaaaad hi order "To quiet the Fears of the iDbabitanU ... and taks 
aU doe care for ths Freservation of such Goods* authorises Brush "to 
take and reeelTe ... all such Goods ... as may be Toluntartty da* 
lirered ... [he] gi^^ Beceipts for the Sams . . . [aod] to take aU 
doe care thereof ... and to deliTer said Goods when celled upon . . .•* 
with a memorandnm at the foot that '« proper Apartmeala fai Faauea 
Hall sre provided for the Beceptkm" of the same.' 

Early in the following year Brush proposed to Oenersl Howe, 
and receiyed authority, to raise a body of three hundred Tdun- 
teers. Just before the Evacuation of Boston, the Proclamation 
imued by General Howe on 10 March, 1770, gare full scope to 
the pecuhir abUities of Brush, andunder this he acted with his usual 

Tigor, extending its operation scnnewhat beyond its original pur- 
port Howe sets forth his expectation, that — 

««M JUnnen aad Woolen Goods sre Articles nocb wanted l^ the 
Bebels, end would aid aod assist them hi their Bebellion, . . . sU good 
Sabjeeti will use their utmost Endeavors to hare all such Articles eoa* 
Tey'd from this Piece :" and directing that «« Any who have not Oppoc^ 
tnnity to convey their Goods under their own Cars, may deliver them 
on Board the Minerva ... to Crean Brash, Esq . . • who will give 
a Certiiicato of the Delivery, and wiU oblige himself to return them to 
the Owners, aU unavoidable Accidents accepted IticJ* Coupled with 
this is the threat that **Ii after this Notice sny Person seeretee or 
keeps hi his R)ssesston such Articles, ha will be treated as a Favouier 
of Bebels.** 

Armed with this authority Brush did not wait for Tolnntaiy 
delivery, but broke into dwelling-houses and shops, and carried 
off the spoils. Soldiem and sailon were not slow to loUow his 

t A printed eopj of tills Comnifrioo, la the form of a Biesdilds, b hi the 
Library of tiie llamdinsettt Hiitorleal goelety, sad is rsprlated hi ths 
^iga aad Bvaoaatioa Memorial, p. let. 

• A fooofaaOa of one of tiM orighMd Braadridai, hi tiia libtaiy ol tha : 

ehawttaHlrtQriealgoeiety,ie hi tiieMemorisi ni iti r y of Bostoa, UtiT. 

IS 



£74 tarn oatoauit sogbft ov KABuoatiSBin. [Hamh, 

aani^aBd''TioletiMaiidpiIl«gfl"wenthenafl. He took tw- 
ngv faiiDMlf in the briguitiM Elisslnth, which vm cftptured, u 
■Iw foUowed Uw deputing AmC, bf CapUln Uuilj, uid bnnght 
Iwk fa> Boaton.' Tbe Diary of Enkiel Prioa nfen to thii ou>- 
tare, BiMbr date of 6 April, 1776: — 

••!■ tlwan«ninoB,Ed.qaiM7atapfNHlhM«. II« omm fran BotfaJo, 
nd HTs Ikat CapUla Uudcy waa In Boahm, awl tdd thm that Iw 
had takra ort of Un Baat a brig ladaa with TotIm a^ Torj pioda, and 
othw affect*, lAich tbejr ploDderad hi Boaton ... It la Mid thb waa 
Ibdr riefaeatTcwal hi[tbc]llMl: had a^taaa tbowaad poooda tiM- 
be in eaab, beaidaa an axcMdUtgly valu&Ue cargo of Euopaaa mar- 
chwidba..." [And o«TB«ada7,» April :]"... At noott, a traTdlar 
froBi below aaja that he heard Captabi Paddock and Captain Gore wer« 
■■»■« the Torica taken Is the traniport brig by Captain Haal^. 
Aflerwardi oereral other tMTeOere fron bdow paaeed ; bat they did 
■otbcarerriddoekerGorebebtgfai tlut Taaael, a^ no other o( mm 
bnt KB Jaekeon and Ckane {tkj Brwh."* 

Dnuh WM thmwn into the Boaton jail, wlwra bo nmaiMd la 
cloae e onfln e men t for aome ninetoen moatha. Hii wife Joined Um 
then, and, beaidea baTing the aolace at bar oompaoj, bo maaagod 
thnogh bar ingesai^ and the nae of aome of her gannenta to 
dieet bli eae^te on tbe fifth of November. 1777. Ha atarted for 
Kow Tofk, going firet to Vermcat to look after bta laigv Unded 
intenats. Hia eatato waa afterward eonfiaeated, and <rf all hie 
great poaoeanoaa oolj a amall part waa erer leooraiwd by hk bein. 
Unfriended, ndreaa nfnoed hj tbe Britiah Conunander, deeerted 
alike by frienda and Coea, be abot hinvel^ in llay, 17T8. 



<i br Waihlnftoa, « Oetalier, 1T7S. 
BMldBi tUe e^Can W had ilniij, la XimmW, 1779, takn erdaaaee and 
■iUaiyitaw. He dbd la bla hooM at the Hotth End, Bortna, IS FabraMT. 
nnattkaaprflOTaMe. (C»la«bknC*athid,Ma.nihef BatBdar.lflFab- 
naiT.lTa^iAkh aeatalai aloafebttaaiyaetiaeef CaptafaiHaBtTi aad the 

I to FebrMfr. im. w. m.) ne ituir cteeh 



• 1 rVeeHitapi e( the KBMriaMtta mrterieal 8arfi^ to ITefealNr. IMS, 
wLM^aw. nb pMaifB ie faelel aa«ewfaal h iiiiiiillj la Ifee O^ aad 



Another p^er ia tiu Beoord of aeaae against diia MuneCnan 
Braab, evidently growing ont of hia acta nnder General Howe'a 
Proolamation, whioh waa tried while he waa in jail— 

•'Upon tiie Preeentaient agdnet Creaa Bmh tor steaUag aandrj 
Gooda fron John Bowe Eeq. the aaid Cieaa Bniah Ued eertain picaa 
In order to Qoeeh aaid nreaentnMnt, which are on lieu Tbe Cowt are 
of opinion tbat aaid Preeentnieat ooght to he qoaehed apon hia Irat 
Plea."> 

There ia alao another eaae which niaj baTS originated in tbe 
aame waj. At tbe Jnlj Tenn, 1777, John Hill of Boet<« reeoreia 
judgment in a plea' of the eaae agalnat Crean Bnub for XL 8* 10* 
lawful nuHtey, and ooatai* 

Hie next pi^wia among tbcee preaentad are a group of fiTa^ 
found among tbe Earij Court Filea of Suffolk. Thej relate to a 
Suit brought In behalf of "the Ooremment and People of tbe 
State of Maeeaehueetts Bay " agunat Samuel TarbeU of Oroton. 
It waa brought in the name of Perei Uorton, acting in tbe abMnce 
of Robert Treat Paine, Attomej General, on a Plea of Debt, upon 
a Bond giT« bj the Defendant. The Bond waa i^fiarantly giren 
and Ae liability incurred thereon, under tbe prorisiona of the Aet, 
already referred to, of 10 Hay, 1777, oh. M,* the fint aection at 
which impowttm — 

"the Selectmen of eaA town, or the Ccmnlttee of ead Ftaatatka 
within tUs State [to call] a meeting ... to ohnee by baUo^ aome per- 
eon who te flmly attaehed to the American Caaae, to prooare and lay 
befote die Cowt bereafte deeoribed, the eridenoe that may be had of 

> RMordt eflheCoert of OMwal BmiIodi of the Ftaee. ToLpr^— tea 
dataah*dlM*ee,MndtyTirBilB ITT* and 17T7— leaf h., tot part of Ja». 
eery TW^ 1777. What the pto wm doea net appear t K nay hiT* bMa the 



S7t 

Urn 



«HS COHJOanAL tOCIBTT or MA— AOHUMTIB. [lCABOa» 

aillNMitioM tomid Ibtoor aajoT tiM Uaitod Stetet, of aaj 
of taoh town, wlio fluJl bo oborgMl • • • of Mog a poraoo 
te tbio SloU is doafeioai to tlM poblio ptMO or 



It BMj, pombly, howoTor, b»TO been giTon under other oironni- 
•tencee end oonditiom ontoide of this epecua proyision. 

Theoe pepen include the original Writ eued out, the beginning 
of the proceeding, and the Reium thereon of the officer aenring it; 
the Bond aoed npon ; the Resolve of 28 April, 1778, impower- 
ing the institation and proeecntion of the Suit; and the Bill of 
Costs, both the original and a copy. The Writ sets oat the whole 
case and contains all the elements of the Declaration. The Re- 
tam contains, — and in that respect is, for sejreral reasons, tsIo- 
aUe as well ss interesting, — a description of the real estate owned 
bj Tarbdl, and a schedole, more or less complete, of the farm 
ftoob and implements of a ^ hosbandman ** of that day. 

Tlie Bond is the original obligation given, with all the signatares 
ti ieic upo n, and the little seal of red wax affixed at the time. The 
Besolve is a duly attested copy, prodnced in Coort as the anthorify 
ndeririiich the proceeding was had. The Bill of Costs has some 
points of inleresti as all such papers have, aside from its original 



Li the Recoidi of the Inferionr Court of Commoa Pleas are foond 
the final diqKmtion and record of the case. The entire Pleadings 
in the case are probably no longer in existence, bat the snbstan* 
tial portions have been pfcserved, and these, with the Record, pre- 
sent the esse with all the folness n e c e s sa ry to an ondeistanding 
eCit 

VL 

^SiAikss. Tbs Govsmaeat and People of the Kssssehnentts Bay 

in New England. 

the Sheriff of oar Coonty of Middlesex Ms Under^heriff, or 
r, or to either of the Constablss of the Town of Gorton [tiff] la 
Cooaty Orsetbg. 

yoa to Attach the Goods or Eststeof Saamel TbrbeU 

Hasbandaum to the Valoe of Two thoossad 

lor want ttMfaof to tska ths Bo4r of ths said Saamel (If 



r^ 



Wo 



2808.] 



SOUS HASSAOHUBBTTS TORIES. 



277 



he may be found in yoor Precinct) and him safely keep, so that yoa 
haye 1dm before oar Jostices of oor Inferior Coort of Comfton Pleas 
next to be holden at Boston within and for oor said Coanty of Suffolk 
on the second Tuesday of July next: Then and there in oor said Court 
to Answer unto Peres Morton of Boston aforesaid Esqf who sues in 
behalf of the Croremment & People of the Stoto of Msssaehusette Bay, 
in a Flea of Debt, for that the said Samuel at said Boston on the 
fourth Day of December Ust, by his Obligation of that Date, duly 
executed, and in Court to be produced, bound himself to the said 
Gorerament & People of said State in the sum of two thousand pounds, 
to be paid to the said GoTemment & People on demand: Yet tho' 
requested, the said Samuel hath nerer paid said sum to the said 
Gofemment & People, nor to the said Morton for their use, but de- 
tains it To the Damage of the said Peres Morton, who sues as aforesaid 
as he saith the Sum of Two thousand & twenty Pounds, which shall 
then and there be made to appear, with other due Damages : And bsTe 
you there this Writ, with your Doings therein. Witaees, Thomss 
Cushing Esq; at Boston this twenty fourth Day of April In the Tear 
of oor Lord, One Thousand seven Hundred sad Serenty El^t. 

Esax^ Pricx CUr 

«« Mr. Officer 

Attach to y* Yslne commanded If to be foond If act as 
mnch ss can be found 

P MoBion 
«« midd? ss : Groton April S [ ] : 1778 

I attaoht four peloes of land lying in Groton aibresf one peice thereof 
lyeth westeriy from Groton meeting house where the within Named 
Sarol Dwelt Containing thirty fire acree (more or less) bounded 
Easteriy A Sontheriy by a town road Northeriy A westeriy by Und of 
Henry FarweU with a Dwelling house Bam Com Bam two oat hoosee 
Cyder miU A prees aU standing on ths same one other peice of Und 
lying near Urbells fordwsy Containing twenty acree (more or leee) 
Bounded westeriy by Un[cas]tor rirer (So Celled) one other peice 
lyeth on the west side of said rirer A Contains six acree (more or lees) 
bounded [ess]teriy by said river A sontheriy by a town way aleo one 
other peice lying near ranglin swamp (so CaUed) Containing fifteen 
acree (more or leee) as the eame le Butted A bounded sll the aforesf 
peloee of land was Clahned by the wttfain named Samuele lata father 
TarbeU decf A now reputed to be the within Named Saai^ Eetato I aleo 

attaeht one pair of oxen one Cart with Iron Bound wheels A Cart 
hMlders aleo one pair of new Cart wheels one rideing Stay A the taeUfai 



J 



m 



TBB OOfLOmAL WOOUBtt OF MAMAOHUagrri* [ICamBi 



Mo^fi^f abo alMMt 6M tlMMMd of White pine Boaidt Abo«i 

HMdradoT [mK] tliUrork «id Som pine Itebir tUwtd aad lira 

■d alMMt twtlfa MNa of rto aov •towUaf hgf^bag on Um 

ol rap«M to be tiM wHUa Moatd 8Mi*f Eotato Um Doj 

kfl a g aaiBi O M at Um 1m( aad MMa [plaooj of Um witbla 

aboia fa Oi oloa fa aaldCoaafy 

Jambs Ito oow Sktrf/T* 




IBmi^miJ 



VK 



WrH 
Morloa w Tarbttt 
Ja^ 177a 



VII. 



TnLnHll. a 
6«fiea - a 



lilO [9ie] 



M Know aQ am bj Ihm Fkaoeola Tbat I Stnad TarbeU of Grotoo 
fa tbo CoQBtj of MiddlMex Sn Slate of IfMMcbiMelto, Hiitbaodiiiaii tm 
boUea A stead flnal/ boond A obliged note Ibe Ooremmeiit A Ftople 
of sebl Stele, te Ibe Sma of Two Tboossiid IVrands Lewfol aiooejof 
sobl Stete to be peid onto Ibe said GoreniiBeol A People, to Ibe which 
pajseol Wen A Tnilj to be sede I bind myself, mj beire Executors 
A od«ia» arartj bjr Iheee Fkeeeoto SesI'd with aj Sesl Ibis foorth dm/ 
of Deeenber Dom. 1777— 

The Coiidilioo of Ibe Abore ObligalkNi is sach Thai wfaeress Ibe 
JUiove booadea TarbeU is sdmilled is a wilness oa behalf of Ibe Got* 
A People of Said Slate^ A ao j A aQ Ibe New Eaglasd Steles, 
A whcfofer he may be wanted — And if Ibe Abore boundea 
Tmbell shall weD A Tralj from Time to Time A al aH Tfaaes daring 
jT SemnI sessioas of Ibe Saperlor Coorl of Jndicatafe Coorl of assise 
A Oca! Gaol DeUvery la aay A all Ibe Coan^ wilbte said Stete of 
If ssss ch as elte , A Dariag ihe Seretal sessioas of lbs Saperior Coarl of 
Jadkataia wUhia A for Ihe Sereml Coaa^ wilhte Ihe Slate of New 
Baiqi^ aad also Saeh Coarto as he shaU be Noiiaed to appear at te Iha 



^SdTelk 




08,605:1. 

somtrwise. The writs si tids period ommU^ 

heck, Ihs rigneteie ef the platolirs attorney. 

' in?«iahfy writttab te 

Mr Mew flawy* 



1806.] 



aoMs M AH a A i i Huaj rri a xoBna. 



279 



Other New Englaod Steles— peisonally appear A attend aH A efeiy of 
Ibe said Coortey A giro Evldenoe te behalf of IheGoremment A Feopte 
of Ihe' Stete or slates where any sadi Coarl or Conrte shall be reaper 
tiTely held, of what he Doth or Shall Know relating to any BOI of 
indiclmeol which bath been foand or may from Tfane to Tbae be laid 
before y* Grand Jurors of any Coan^ te either of said statesi on behalf 
of Ihe Government A People of any or either of said stetesy Concerning 
any Halter or Thing whatsoever against aay person or persone whom- 
soerer for A daring Ibe Term of Two years next Coming, A shall 
also dnring said Term of Two years tolbe nimoelof his Power A abiUity 
eodeaToor to disoorer, Disdose A and from time to time make Known 
to some person or pereons Now te anthori^ te y* respective States 
aforS* as independant of Great Britain of all Plotet plans, Treasons, or 
Conspiracee of what name or nalnre that he Now Knows, or shall here- 
after know to be against the nnited states of america any or either of 
them, A of all A every perMm A persons anywise Concemd te forgiag 
or Coanlerating or altering any Bills, Notee, or other Carrsaey of lbs 
oniled elales afoff any or either of them, or altering the eame A ehall 
also te all matters A things, during said Term of Two years dsmeaa 
hhnself as a good A faitiif ol Sobjed of Ihe said United Steles A every 
of them— Then A te that Case y* afore writen obligation shal be void 
A of no Eff ed bat otiierwise to namte te fall fovoe Poww StrsagthA 
▼irtoe 

Sai^TAnatx 
SignC Seat* A IMM [aad a lad was SeaQ 

te p re s e n ce of 
W? Duiisaiooa 

Natb^ Paiaomr 

Middlesex ss Ded' 4<M777 — 
The above named Sam" Tarbell personally appsarsd and owaed Ihte 
Inslmment to be hie free act A Deed 

CoiamOuvis Ptascorr JmtpaeU,^^ 



vni. 

M State of Massaehaeelte Baya 
la Coancfl April iOf 1778 

Whereaa Samael Tarbell of Groton te Ibe Coanly of Middlesex, has- 
baadaiaa oa Ihs foorlh Day of December last by hiii ^oa4 

» Saiolk Csart ram, dxste. 01,600 A 



VH 



TBE OOI0VIAL tUUIXi'l CV MAWtAQHUMl'Ig* [llAMat 



oUi0ed nlD Um GofwoMat A People of 8M State In the 
Pima Soi of two tkMMBd Pooods GoodttkNMd tluit Ibe Soid SmdmI 
1WM1 dMil wdl aad Iral j f iom Him Io TIom daring Um S^vwni Set* 
iiooo of tbo Soperionr OonrI of Jndieotafo 4o In any and all tho Conn* 
fioo wilUn Said State and daring the oereral Seseiona of tiM Saperioor 
Cowl of Jndieatttfo Ao. witUn 4k for the Sereiml Conntiea within the 
State of New Hampibiio 4o penooally appear and attend all and ereiy 
of the Said Conrto and giro ETidenoe in behalfe of the Goremnent 4k 
Feopfo of either of aaid Statea. Bot the Said TarbcM haa nerertheleea 
abeeended and failed of Appearing agreeable to the Cooditione men- 
tioned ta the Bond af oreeaid and there ia great Danger of hie diepoeing 
of the whole of hie Eetato and the Pnblld[therebj be defrauded. And 
wh er e a e the HonUe Robert Treat Fafaie Eeq Attorney General to thia 
State being neeeeearO j abeent attending the Saperioor Coort Ther- 
tao Bceohred That Beres Morton attorney at Law be and hereby le 
JMpewewd and directed to bring forward a IVoceee npon the Bond 
given by Said Tarbell on the fourth Day of December laat hi Behalfe 
of the G o f et M ne nt 4k Ftople of the State of If aeeachneetta Bay and 
the ease to inal Jndgment 4k Execntion any Law or GoilOB 



Inihe 



of BesieeentativeB 



oenvcMvwn tor vononrrenoe 
JoHir Ansr JD^ 8$d' 

April iaf 1778 
Bead 4b Qonc uir Bd 

OommD 

IWieCopy 
Atteet Ja? AmrD^S^''* 




OoartFllH,diils.9S,0Ntt. TUeBetoheha 
hi Grmnli Gflolon ffiilorieil Sirite (HI 110) bit ii 
m tUe It a Oipy takM Imn the Beeoidt and di4y 

et the trial, and aleo 




npriatodtfai- 
aathtntleatad by 
theform« 
lypegnphloil 



IML] 



m 



•« Snf t ee Inf Ct Com Fleaa Joly 1778 

Mortoo for Go?* A FMiple ) 

V VFIta Coeta 

tmmh j 

WtArammona ••••••• 0: 

Dedarte in W; A aanf . • • Ot 

Sheffe fee 1 : 

n^aUSD* Ot 

Coort feea on Entry • • • • 0: 

Exami«AflUi^Papera • • • • • Os 

Si 
Ez 
EaoL: Pmci OUr**^ 



X 
X 

10: 
t 
t 
: 



i 







"i 



Tbo action <rf the Court la thaa eoi forth in tbo Boootda : -^ • 

*, 

<*The Government A People of the MiwaebneetteB^ta New England. 

Snfiblk ea. At an Inferior Coort of Common Pleaa* began and held 
at Boeton» within and for the County of Soffoll^ on the eeoond 
TOeeday of July, (befaig the f o nr t e e nth day of eaid Month) 
Anno Domini, 177S. 



Before the Hon. TnoicAf Cvenno 

Savuil Kiua 
Samuil Pbmbisiov 
JoeiPH GAnmnn 



/vidbeai 



« Ptooi Morton of Boeton hi the Conoty of Solfolkf Eeqaire, who mee 
hi behalf of the Goremment and People of the Maeeachnoetta Bay« pit 
o« Samoel Tarben of Gfoton hi the Coanty of Middleeez, Hoebandman, 
Dft, In a plea of Debt, aa in the Writ dated the twenty foorth day of 
April laat to folly eet forth. And now the Defendant altho' aolemnly 
called to come hito Conrt did not Appear bnt made Deftatt 



>8aiolkCeartraM,diilx.OMMii. FHper Ko. 4 to an atteMl copy ef 



the 



TBB OOIXXHIAL flOUiUX OF MAMAmmBBn'i* [If ASClfe; 

«* Ito theffcf on Cooiideffd bj the Coort that the laid Feres MortM 
vfcoeoeeee eforeeeidy leoofer egeioel IheeeidSMDoelTMidl tlieSiini 
«f Two tbooeeiMl Povade, lawful montj Debt being the penalty of the 
Bond eoed oo, and Coato of 8aitt taxed al i^ S " 19 '^ tf 

Not. • ITTS."** 



Pebb IfoBioiii the nominal plaintiff in the 8ait» was bom at 
PljnKNith, >faesaehneett8| 22 October, 1750.* Ho was descended 
from Oooigo Morton, who came to Plymouth in the Ann, in 1628» 
and whoee eldeet son, Nathaniel, was Secretary of the Plymouth 
Colony lor forty years (1645-1085) and the author of New £nf- 

■ Bceordt ef the laferioor Court of Comraon Fleet (i776X zzzix. 87. 
• The Woatworth Geocalogj (edition of 1878), i. 621, which tee lor many 
iMti eooeeraing Psm Uorfoo end hie aeoompUshed wife end her femily eon* 
■ e eH eiM, drawn fmn iMnilj reeofdt and pepen fnmiehed the enthor by Mr. 
M erten l i ileecenJente. 1 hnve been nnable to And any eontemporaiy reeord of 
Jfr. llbrton'e birth. Hie nanM, howeirer, ie in the List of Freehmen admitted 
•a flamurd CoOege hi Jaly, 1787. It ie there stated that be wae then a resident 
ef Boeton; thaihiebfaihdaywM9NoTeniber,1751; and that his age at admie- 
ifen was sixteen years aad eight monthe (Faenlty Reeords, iiL 86). Loring^ 
in Ms Hnadfod Boeton Oratore (Seeond edition, p. ISO), sajs that he was bora 
in FljnMnth, 18 Nofoniber, 1761. It wiU be obeerved that between the date ia 
the Faenlty Beeords aad that given by Loring there is a diflerenoe of Jnst 
elerendayiy^thennmber requisite to reconcile Old Style with New Style. It 
wffl also be seen that between the date fnmished by the family (32 October, 
aad that lonnd hi the Faenlty Beeords there is a difference of afwr and 
dsgfB. The IM that Ilortoa*b age is given as eigfaty.sefen jeers at the 
ef Ms death, — 14 October, 1887, -strengthens the aasnmption that the 
inonrteztis theoorfectone; neferthdees, the College record has Strang 
to prece dcu oe , especially when It is remembered that it was probably 
npon Morton's own statement; that Old Style had gone ont b 1752,^ 
Jnst after Uccton's adTcnt; and that, hi 1707,fai aO probability, the date of 
his birth wonid hare been expressed according to New Style ; bnterenonthls 
aamiptioa the difference of eaacUy a year betwaea theee dates is jet to be 
— ^^ — **^ *»• It seems dear, howerer, that Morton was bom 22 October, 
OM^yK er 9 Norember, New Style. 1760 or 1761, and that Loring, erroneonsly 
aesnrfng that 9 Norember repreeented Old Style, added eleren dajs to trana- 
the dale, aa he snppoeed, to New Style. (QC ante, p. 206 aelt 4.) 
I^am in debte d to ear assodata, Mr. Henry H. Edes, for this note, hi the 

efwhidienrassodata,Mr. WilUamCoolidge Lane, aad his oblig- 
' Mr. William Garrett Browa, hi charge of the College Arehiree, 

I iofahnbla asdsftaaea Ui deattng with the reaed qneetion of the 
eflir.lisrten'kbif^ Jem alse l nddite d to Mr. Bdse for the notes en 

end the White Betee Tefsra whish foOow, en p^ 288^ 284. 



1808.] 



SOMB MA88ACRUBETT8 TOBIES. 



Iand*8 MemoriaL The Seeretary^a hrothw Ephraim— from whom 
Peres Morton deeoended — waa alao **a maa of eonsideraUe dia- 
tinetion in the Colony. He waa» fw many snooesaiTe yean» a 
member of the Connoil of War« and« with John Bradford, repre* 
eented the town of Plymontht in the fint General Coort, holden 
at Boeton, after the union with Maflaaohoaetta.** ^ Joseph Morton,' 
the father of Peres, settled in Boeton, where he kept the White 
Horse Tarem, oppoeite Hayward Plaoe.' Peres Morton entered 

> PreftMo to Jndge Daris's edition of Mbrtonli Msmorial, ^ lit See alee 
Ph»Tince Laws, riL 0. For the pedigree of Psrsi Morton, see Joetoh Graa- 
▼iUa Leach's Morton Memoranda, p. 80^ aad Oaris's Aadsnt Landmarks of 
Flymoath, pp. 188-100. 

* Joseph Morton, son of Joseph and Mary Morton, wee bom in Ftymonth 
25 October, 1711 (Plymoath Town Beeords, I. 87.) His pnrpoee of marriage 
with Annah (aot Amiab) Bollock, of Eehoboth, was pnbUsbed 2 Aagnst, 1788^ 
at Ftymouth, and 28 Angnst, at Behoboth, where they were married, 4 8e|N 
tember, 1788, by the Ber. Darid Tamer (Behoboth Towa Baooffdi, iL 188, 
the pnbliebed copy of which erroneonsly prints this name ilisrfie; Beeords of 
the Newman Chnrch, East Fkorinoe Centre, B. I.) Theb first child, Psrci, 
bora at Plymonth 8 Febraary, 1788 (Plymoath Town Beeords, 1 180)*the 
only one whoee birth appears of reoord— died la early chihlhood. Joseph 
Morton wee among thoee memben ef the First Parish In Plymonth who, in 
December, 1748, withdrew, during the Great Awakenings bsoaass of theUr 
disapprorel of Whitefield's preaching and methods, formed the Third Firish, 
and bttUt a Meeting4ioose in Middle Street (Prednct Book 1710-1818, p. 88.) 
The two Parishes reHinited in 1784. The Beeords of the Third Parish contain 
the following entiy, which has beea famished by Arthar Lord, Esq.: — 

" April SI, 17S4. I bapl» DioMMi sad Pwes the sons^ AnBe4lfsBBst the istbtsis 
ef Joseph Morloa— apoa Imt, Us wives, accoaat" 

Mrs. Morton died 8 April, 1760, and Mr. Morton married, as his seeond wiltt 
AUgafl Heney, who died May, 170L He died 28 Ja^, 1708. (The Went- 
worth Genealogy (edition of 187^^ L 021, asTs;) The Cohimbiaa Centfaid 
(six. 41) of Wednesdi^, 81 Jnly, 1708, and The Independent Chronicle (No. 
1202) of Thartday, 1 Aagnst, 1708, rsooid this death hi theee words:— 

* Al OrslOB, Mr. Jereph Mertoa ef tMs leva, JBL at." 

The Msssachasetts Magadan far Angnst, 1708, also records Mr. Morton*e 
death at Gioton, bnt likewise withont data. His will, dated 81 Mareh, 1787, 
was prored 8 October, 1708. It names hie eon Psrsi Essentor and is rsplsta 
with mhiable genealogical data. (Sdfolk Plrobete FOsi, No. 20,211.) qf. 
Daris's Ancient Landmarks of Plymonth, p. 100. 

s The White Hone Tkrem estate had a ftnntage on Nsw bni y (now Wash* 
fagton) Street, oppodta Hayward PhM)e, ef 114 feet (hMhMttng Fayette Conrt, 11 
feet wida, which afanoet orenly dirides tt), aad a depth ef 808 Iset frem WMh- 
hH;ton Street aeerilyy if net %aitib back to what is new Hsed Plaoe. Thedte 



281 



TBB CCfUOfKIAIs •OdETT CV MAIMACKUaEi'Ig. [MAsait 



tihe Boston Latin School in 1760 and gndoatad from Hanrud 
CoOegB in 177L He stepped at onoe into publie notice» and was 
soon made Depafy Secretaiy of the Cooncii of tiie Colonj of Mas* 
sachnsetti Baj,-~an oflloe which he held during the momentovis 
yean 1775 and 1776.* He took a rery prominent part in the 
afUii of the Town of Boston.dnring the RcTolutionaiy period as 
win he seen hy the following extracts from the Town Records. 

At the Town Meeting, 1 May, 1776, held •'at the Old Brick 
Meeting House ft adjourned to the RepresentatiTes Chamber,** he 
was chosen one of the •'Committee of C o rre sp ondence, Safety ft 
Inqwction,** and senred on it in 1776, 1777, and 1778.S At the 
meeting 23 May, 1776, when it was •'Passed in the AflfirmatiTe 
imanimoosly ** that ••If the Hon^ Continental Congress '* should 
declare for Independence, ••the Inhabitants, will solemnly engage, 
with their Lires and Fortunes to support them in the Messure,** 
he was chosen upon the Committee to report Instructions to the 
BcpiesentatiTes,* which were adopted in like manner; andagainhe 
appears on two similar Committees, 22 May, 1777,* and 25 May, 
1778;* 10 May, 1779, he was of the Committee to e<msider ••the 
Article in the Warrant lelatiTe to a new Constitution or Form of 
Oofenment*** which reported in faror of a State Conrention, 
uder certain restrictions. 8 May, 1780, ••The Address of the 
CooTention ** and ••a Constitution or Form of OoTemment, agreed 
mpaa by the Delegates of the People of this State in CouTention 
begun and held at Cambridge on the first of September, 1779,** 
was submitted and, at the adjournment on the following day, 
Ukm up ••Pangraph by Pamgraph.** The importance of the 



bjthslajliif oatoflliqnatrtotPteeSrialSOQ. The front por> 
Hsu ef Ihs etliito it worn wnmkmni W teSU WMUagtoa 8tieet; sad Ihs 
IV— oat Thilw oeoapi<s a psrt el ths lesr ol the lot 

The hoeleify was oOled the White Horoe laa se ewlj m 37 April, 1700 
(Peed from WIlliMB FlUae ef ob. to Tbonee PoweU In 8affolkDeeda,zix.l47.) 
WObaBoivdoiaeoafeiedthoeoleletoJeoepli Mortoa 90 Ifereh, 1709 (ilM. 
elr.OS);sBdlfortoaeoafeyediltohiieoa FtewS lli^^mi (/lMCefadz.lM.) 

IWflaee Lavs, T. 000, 01S» 010, 017, OOi, 700, no. 

Boiloa Beeoid Ceiaifarieaew* Repoiti, zflli. tOO, i70| nrri. 4. 

iM:x?ia.SOi. The IsilraDlisBe sie glfw la laB en n^ tOMOO. 

JMsoLSO-SL 
iKI.SBfLOO. 



1000.] 



iOMB ifAafAfin ^ T f ff f TH f xOUBk 



occasion iixeeognised in the Tote rdating to the adjourned 
ing^ rtoftramtnding^" 

••that all Doissineis be suspended bj the Shnttiag up of StoreSt Shops 
4c that there maj be a full Attendance; • . . that the Ministers of 
the Goepel be requested to remind their respeetiTe Congregations the 
next Lords daj, of this Adjooniment, and of the importance of uni- 
▼erssUj witlidrawiiig UiemeelTee for a few lioars from their ordinaiy 
Eogsgements, and deroting their Attention to a Hatter so deeplj Inter- 
esting to tbemselTes and their FOsteritj; [and] that a Copy of this 
Vots be ssnt to the Ministers of sreiy Denomination.'* 

The Third Article in the Bill of Rights was ••taken up at laige** 
at the adjournment on the ninth of May, and seems to hare given 
e^wcial trouble^ and on the same day ••the further consideration 
of this whole Article** was referred to a Committee (of which 
Morton was one) which reported the next day> when Morton 
wos appointed Chairman of another Committee ••to draw up the 
ressone for the proposed Alterations in some Articles of the Frame 
of a Constitution presented bjr the ConTention»** which made an 
elaborate Report. This Committee was also ••to draught Instruc- 
tions to our Delegatea in the said CouTcntioo.**' On the fourth 
of December, 1788, he was appointed on a Conunittee— 

«< to draw up a Memorial to the General Court, in cider to State the 
Beaeons whj the Law Intitled an Act for the more effectaal Obssnra- 
tlon of ths Loids Day, Militates with ths Constitution.*'* 



Three weeks later (S7 December) their ehborate Report 

and he was one of the Committee to present it to the Oenend 

Courts 

These rarious Reports, with the action of the Town upon them, 
bring out the excited condition of affaiis and the prevailing senti- 
ments and views of the people at the time, as nothing else can. 
Beside their direct bearing upon the points in question, all the 
various reoords of the town proceedings— both the eailier and 
the later — are interesting and full of suggestioQ, as showing 
the attitude of the Town in its relation to the Ptovineo or the 

• nu. zzvL 101-10& • mi. xzfL m. 

« iW. zs?L SOMOS. 



SM iHB ooixmiAL aocoTT or lOBaACBusxni. pfAaoa^ 

8tale» and to the Coimtij ftt lai^e. There ie a ehade of independ- 
eiice of either,— of eelf-centred aothoritj,— en implied aeeertioa 
of c»<ifdiiiete powers in eTerthing perteining to the Town not in- 
ferior to anj poesiblj poeeeesed bjr any outude bodj whatsoerer, 

the yttrj eneenoe of local eelf-goTemment aneontroUed and nn» 
l i mi ted, and of municipal freedom. 

The prominence of Morton daring this whole period, and the 
confi den ce shown in his ability, are quite remarkable in the case 
of so joung a man. At the Town Meeting on the fifth of March, 
178S, <• The Town did not proceed as usual to the choice of a 
Committee to proride an Orator** for the next year, a *" Motion^ 
haring been made by the Town Cbri^** William Cooper, looking 
to % change in the AnniTersary. On the tenth of Maioh this 
notion came up lor consideration, «*agreeable to the Article in 
Wananti** and Morton took part in tike proceedings. A Motion, 
piemisingthat— 

••since the lostitotioo of this AnnlTersary • • • wfafeh has Answerad 
•ledlant purposes, a Signet Beirolntion has been eifoeted through 
the Favour of Heaven in the Goirermnent of our Country by the 
e stab i i s hmsnt of the Indepew tone e of these United States of Americs,** 

ptupoeed a change in the Day, and suggested Tariooi topics for the 
intoiu Oraton, <— 

••the Steps that lead to this great Reirolatlon, the distingntobed Caiw 
leeten ionrfojed hi effectfaig end UMOntahifaig It, the importaat A 
timely Aid [ftom Fhuiee] ••• As also the superior Adrantages of a 
Bspablkisn form of Ooremment, weO constituted and Adminlstred 

. • • and the necessity of Virtue and good Manners A of an education 
that tsads to promoU them," sle. 

Tim Motion ••passed in the AffirmitiTe,** and a Committee was 
voted, of which Morton was Chairman, «*to oonsider thie Matter 
at large A Beport at the Adjournment.** * On the twenty-fifth of 
Match tihe Committee reported as foUows: — 

the Annual Celebration of the Boston Massaciu on the 0*^ of 

' ' r ths Institution of a Fibttek Qratlon has been found to 

Adrantage to the Csuse of America hi disseminating the 



beer 






1808.] 



80UB MAaaACHunma xoftiia. 



m 



Frindito of Yhrtne and Patriotism among her Citliens; Andwhereaa 
the immediate Motivee which iodoced the commemoration of that day, 
do fkow no longer extot In their primitive force t while the Benefits 
resoltiiig from the Inttitution to [tiej, may and ought to be forever pre> 
served, by exchaogiiig that Annivertaiy for Another, the foondetlon of 
which will last as long as time endures. It is therefore Beeolved, that the 
Celebration of the fifth of March from benceforwards shall cease ; and 
that faistead thereof the AnniverMuy of the 4*^ day of July A. D. 177fi 
(a Day ever memorable in the Annals of this Country for the deelara* 
tlon of our Independence) ehall be conetantly celebrated by the Delivery 
of a Pnbliok Oration, in such phu)e ae the Town shall detemdne to be 
meet convenient for the purpoee. In which the Orator shaU consider 
the fMUng$i matmen d ffimatftM which led to this great Katkmal 
Event as well as the Important and AofVf Emois whether general or 
domestick, which abready havOf and will forever eootlBue to fiow fkem 
this Auspicious Epoch." 

This Report was accepted« and Morton was made Chairman of 
the Committee *• to provide an Orator to deliver an Oration on the 
4*^ of July Next Agreeable to said report** * 

Eariy in his public career, on an occasion which appealed with 
peculiar intereet to the feelings and memories of Boston, a duty 
was assigned to Morton where it might well have seemed hard to 
satisfy an exacting expectation and demand, bat where he met and 
equalled both. On Easter Monday, the eighth of April, 1776, ho 
delivered the Oration when (General Warren*s body was removed 
from its hurried burial plaoe on the field where he fell to the old 
Oranaiy Burying Oround, so long associated with the history of 
tfao Town. The stoiy of the impressive service in King's Chapd 
ia well told in the History of that ancient church, and a quotation 
from a letter of Mrk Abigail Adams to her husband, written two 
days after, brings rividly before us the Oration and the Orator. 
The letter of Dr. Andrew Eliot» also, written to Isaac Smith tfao 
next day, speaks of the *«spirited Oration, wherein he [Morton] 
publickly urged an intire disconnection with Ghreat Britain,**— an 

» Borton Reeoid CoannlnSoner*' Bepofti, szvL lOi, IDS. Dr.JohnWai^ 
ran, a younger brother ef General Joetph Wanen, was m l as t ed bj the Ooai> 
mittoe to daliter the fifrt Fourth of Ju^OratkNi hi Boston. ItwaodtUvMud 
In the Choidi hi Brattle Sqnaie. {Ihii. mcvL eSt-«S.) 9m aim Loriegli 
Randred Botton Orators (fieeood odfttlenX ppw lM»lt7, for an aeoount ef the 
the oration^ end the 



SHE 



«HS OOUmAL 0OaiXTT OV KAMAOHUnrXi. [ICAMi^ 

mdj cnoBcrhticn of a lantiwunt 9hmdy fdt and loon to beoomt 



Loringv after teUing of the disinteimeiit and burial, gires fonio 
aeeoant of the impmsiTe folamnity in the ChapeU quotes from 
Ifn. Adam's letter, and adds quotatioiis from the Oiatkiii, among 
tiiem»—<* Like HsRington he wrote, — like Cioero he spoke, — like 
Harden he lired, --and like Wolfe he died r HeslsogiTesa 
Wef statement of some oTents in Morton's life, and extracts from 
a poem on Banker Hill by Mrs. Morton.* 

Daniel Dnlaney Addison, in his life and Tmies of Edward Bess 
(pw 15i), spseks of the opening of iUng^s Qiapel for this senrioe, of 

a Fool^ iMialt of King's OMpd, IL SM, SIS-IM^ 8S0. The Sditor, Mr. 
Um, alto i«lBn to Dr. John C. Warm*! GeiiMlogy ol Warren, p. 47; Froth- 
ingbam^e life aadl TioM of Joseph Warren, pp. 617-080 ; Loring'e Handred 
Boeloa Oraloffl (Seeoad editSon), pp. 127-lSO; aad Shartieffe Topographioal 
and ffiilorieil DeeeripUoa of Boston (Third edithm), pp. 920, 351, Isr faithsr 
pwliealars; aad, Isr the f all tait of the Oratipa, to the fofauaa of Fif th of 
Marah Onitioos, priated by Fater Edes, 178& 

The obefqniee in King's Chapel, hj leave of the Hoase of Beprsseotatifea, 
wsrsia^argeef the Uaeonle fraternltj, of which Warren was Grand Master 
St the tfaae of hie death, aad Morton a prominent member. The following is 
from the Jbnmals of the Hoase, nnder date of 4 April, 1770 : — 

'h Ifcf Hsiie ef BuirtmnteriTtt — Tht roiw if tss sppoiat ci d to lake nadereonsid- 

the EfMliag a MeoaBWt to the Meiaocy of the Honorable Major Oenefsl 

btf Iwfe torspofft»thnt thqr have afttoaded thnt ssrrlce— aad Sad that the 

Uf bodj was barlod is dbeoferwl, aad that the Lodge of FrotiaaMas la this 

■esf he was kto Onnd Master, are desirons of taklag ep the mid dsesssod 

aad la the Osaal SrtisMiilis ef theft Sods^to itesally tot» the ssnie, aad 

' his Fnindf ars esnsmttog msiito ^ Whsrtfeie joar eosMBittie are of efiiaien 

I have hate to pnt thsir mM intsatloas into Sxeeation la smh anaasr 

of this Oslenj nnqr hMsaflir have aa p urta a ay to Biest a 

> 10 me jBsmsiT ei mss w ennjr v anan* • pemsne JMnetiean. «* 

"Jambs Soujtav pr. Osier. 





toby lief the 
asfsDowe: — 
Ledfs to ssin *e bs^ ef 



the 

a 



to Mr. C. & TOHaghaet lor the tait of this hitofasthig entmel 



OialMe (Seeoad adMia), p^ 1^ ISr-lM, 17t t7«. 



18M.] 



ilXMB MA88A0HU8Xm TORIES. 



which he gives a brief aoooont, referring to Morton*s ** ingenioos and 
Sfnrited oration.*' He mentions the closing of the Chorch theio- 
upon tin September, 1777, and its occupation from that time to 
1788 b^ the Old South Congregation, while their Meetinghouse 
was uiMieigoing repairs in consequence of its use bgr the British 
CaYslij as a riding-schooL> 

Morton was one of the Proprietors of King*s Chapel in 1785, 
when, and for seyeral succeeding jears, he held the pew — No. 4, 
in the broad aisle — which had been occupied, before the Rerolu- 
tion, bgr the notorious Charles Paxton, one of the Commissioners 
of Customs.* He was a VestiTman from 1788 to 1788, and peiw 
hMipB longer.* He also serred, in 1786, upon the Committee which 
rorised the old Liturgj and struck from it the doctrine of the 
Trinify.* He seems, accordinglj, to hare had some share in the 
ecclesiastical, as well as in the poUlc and legal afbiri of the Town. 

Morton's acttre interest and concern in the stirring erents of 
the Revolution and the times that led up to it, and the engrossing 
duties of so public a life,* maj hare drawn him somewhat away 
from his professton for a time, but his later prominence as a lawyer 
and his part in the legal life <rf the Town are eyidenced by the tacts 
that he was the Attorney for Suffolk in 1779 and that he waa 
niadeaBarrister*inl786; by The Record Book of the Suffolk Bar 
(1770-1806) ; v and by the Records of the Courts. 

After the Revolutionary War, Morton opened a law office in his 
own residence in State Streeti which occupied the p re ee n t site of 
the Union Safety Deposit Vaults, on the north-easterly oomer of 
Exchange Street 

> See also FootoV Annals of King's Chapel (ehaptoft ziz. aad zsL), H. laa- 
870, 878406; aad Hffl's Histoiy of the Old Soath Charoh (ebeptsr t.), IL 
184-27a 

« See Footoli Annate of Kingli Chapel, a 810» 811, an, 8M, 881^ Ml 

• /Mf . IL aoe, and Mir. « /ImI. IL 8S1 «l s«f . 

• On the twenfy^lghth of April, mt, with flf tj^me otheia, he petHloaed 
the General Coort for snthorify to raise, bj oMaae of a Lottoiy, the ftade 
seeded bjUie PhipHeton ef Boetoa Pier, or Long Wharf, to pat their prep- 
ertyinrepalr. The anthority wae granted bj Chepi 4 of the Aeto ef 1778- 
1780 (ProfineeUws,T. ion, 1078, 1888, 1880.) He was also one of the Tiraa- 
teee of the Boeton Theatre, erseted Ui 1781 (Colambiaa Osatlnel ef 88 FIshfa* 
ary, 1704, No. 1038, p. 8/8.) 

* He wee one of the hMt two ianrWan of theee who held this raak. 
« Thie Tolwne to printed Ui 1 Rreeeediais ef the 

Saslsty, for DsesaOMT, 1881, xiz. pw 147 «f ssf 

18 



hi 



^m 



THB OQLOMIAL SOCnETT OF MAMACHUBSTTS. [llAaca» 

On tbe twenty-faartii of Febmaiy, 1781«> he nuuriied Sanh 
ApChorp^ a chmghter of James aud Saiah (WentworUi) Apihorp, 
who waa baptized at King's Chapel, Boston, 29 Aogust, 1769. 
This lorelj womaUt whom Paine called the ** American Sappho,** 
was a prominent ilgore in the social life of Boston, and an an* 
thoreis of repote. She was a granddaughter of Charles Apthorp, 
an eminent and opolent merchant of Boston; and her mother was 
of the Yorkshire familj, of Wentworth Manor, to which belonged 
the Eail of Straiford** Mrs. Morton was a frequent oontributcnr 
to the **Seat of the Muses ** in the Massachusetts Magazine,* where 
maj be read a long poetical correspondence which she held — under 
the signature of •" Phllenia ** — with Thomas Paine.^ She also 
wrote sereral Ti^nmes in prose and rerse* Kettell says that she 
**ocenpied the first rank among the female writers of America in 
the eariij part of her life,** and that her yerses, puUlshed in the 
Massachusetts Magazine, enjoyed a wide pc^mlarity.* Mrs. Morton 
flied at Quincj, Massachusetts, after a shmt illness, on the four^ 
teenth of Maj, 1846.* Her portrait was painted bj Gilbert Stuart' 

s THaitf Chnrefa (Botton) Registen. The record •syi,'* in Chmcli.'* Lofw 
iBg*s liandfed fiottoD Ormtort (Seocmd ediUon, p. 129) sad other worln gifv 
tke date of thb ouuriage, errone o nBly, ss ITiSL 

* Footers Annsle of King's Chapel, U. lU. See abo iM. U. SSI. Un. 
lfortoo*e father, Jaaee Apthorp, married Sarah Weatworth, daughter of 

Weaiworth (H. C 1728), and granddaaghtar of Ueateaaai-Gofamor 
Wealworth of ForteaMMrth, New Hampehire. (The Weatworth Geneal- 
ogy (edithm of 1878), L 178^ SIS; Sl»-S21, whieh alio eontaiae aa ezteaded 
aeeeaal of the Apthorp family; aad 6S3-S8I, where may be loaad a foil 
aeeoaai of Pnei Morton^ deacendanta.) 

* Dajekiadc'e Cydopcdfa^ of AmeriesB Lileratare, L 838. Dnjofcinek 
(L 4S8) abo gifee a lintdi of Mrk llbrtoa, and a Bsi of her priaeipal works. 
Allihoae*^ Dietionaiy of Aathocs (U. ISH) and Jbshdi Gnunrille Leaeh in his 
Iforloo M tme ran d a (p. SO) ako eanmerate her poblieatSons. 

* Kot the author of Common Senee, hat the Thomae Pkiae who changed Us 
aaaM lo Bohert Treai Flidae (II. a 1702). 

* SaauKl Ketleirk SpedoMne of American Poetry (Boeton, mdocezziz), it 
71, seafaine a hrief notice of Mm. Morton aad the te»t of her poem entitled 
The African Chiet 

* In the mcorde of her baptiem and marriage^ her name appears as Sarah 
Ap ih o rp^ (Kiaf^ ChapsI BsgistorB.) She snhseqnently added her mother^ 

and in the notice of her death she appears as ** Madam Sarah 
Morton, lefiet el the kle Hon. Km Morton, 88." (Bortoafifsa- 
IS Mi^, 1848.) 

f.80l 




188a] 



801CB MA88ACHU8BIT8 TOBIES. 



201 



Morton waa always prominent in paUio a£Eiiis from his gradni^ 
tion at Harvard till his death. In politics he was a Democrat, and 
the leading spirit in the old JaeoUn Club which met at the Green 
Dnigon TaTem«> He was. Speaker of the Hbnse,* 1806-1808, 
1810-1811, and Attomex-Oeneral of the Commonwealth, 1810* 
1882. In the ktter capacity he was associated with Daniel Web- 
ster in the trial of the Knajq;*, at Salem, in 1880, for the murder 
of Captain Joseph White. 

In 1811, the oontrorerqr orer the land titles in certain parts of 
the District of Maine had assumed such proportions aa to neces* 
sitate the interposition of the Legislature of the Commonwealth. 
Under an Order of the General Court of 27 Febniaiy of that year, 
Goremor Qerry appointed Peres Morton, Jonathan Smith, Jr^ and 
Thomas B. Adams Commissioners to inrestigate thoroughly ^the 
nature, causes, and state of the difficulties and grieyances com* 
plained of** concerning the land titles in the County of Lincoln. 
The outcome of this investigation was the voluntaiy submission of 
all the conflicting claims to the determination of Commissioneis — 
^three learned and able lawyers'* — subsequently appointed fay the 
Governor of Massachusetts, viz., Jeremiah Smith of Exeteiv New 
Hampshire, the father of our honored associate of the same name, 
William H. Woodward, of Hanover, New Hampshire, and David 
Howell of Providence, Rhode Island. Morton, aa Attorney Gen- 
end, also served on this Commission. The award of the Com- 
nussioners waa made 20 January, 1818, and ended a long and 
hard-fought contest* 

* Loring's Himdred Boston Orators (Seeond edition)* p. 180, whtis also may 

he read eome satlrioal veises addressed to Urn by one of the poliftkal wfittn ol 
that day. 

* Iforton sat in the Hoose for Boeton, in 1781, aad lor Dorc h e ste r frons 
1800 tm 1811. His appointment as Attorney General was eonfinned by the 
Conneil, 7 September, 1810 ; and he resigned his seat In the House, 88 Jannaiy, 
1811, when a new Speaker ^Joseph Stoiy— was ehosea. (Conneil Beeoidsi 
aad Hbnse Jonmals.) 

* Ordsr of Both Braaehea of the Legldatnre of Unnadinsetts, to appoint 
Commissioneis to InTsetigato the eanees of the difSmlties inthoConntyof 
Unoolns and the Beport of the Commissioners thereon, with the I>oenments 
in snpfort thereol Boston, 1811, 8fo. pp. 174; Qoremor Oerry^ Ifessage of 
10 June, 1811, and Beeoho No. zxdr. paesed 90 Jmut, 1811 (Reeohee of the 
i^neral Conrl, 1811, pp. 818-841); and Award of the Comndsslonsis, 98 Jan> 
naiy, 1818^ and aceompanytof doonnmnt^ and several Beeohrss 






TBB OCKLOVZAL SOOiRX OF MAJMIAOIHJBirri. [ICAMmt 

Uorton was a del«gale to tbe Stole CooBtitatioiMa CoiiTeii- 
tioa of 1820i» in whieh he took an aetire pari, haying been Chair* 
aun of the Coamntlee of the Whole •^on the xeports of the aelect 
ootnnrittee on the jndietaij power«^ on the thirtieth of DeoMnber. 
He aa( in the Conyention aa a delegate from Doroheeter,* where 
he died on Satnrdaj, 14 Oetober, 1887, at the age of ST.* 

The following OUtaarjr appeared in the oolumna irf The AUaa 
(VL 91) of ToMdaj morning, 17 Oetober, 1887: — 

**Ia Dofcheelert on Salorday ereniog, The Hon. Perei Morton, 
aged 87. 

** Hr. Korloo, natfl within tbe last few jeart, has been mnefa befors 
tte Publie. At tbe age of 21, he was chosen Secretaiy of tbe Conren* 
Hen al Waterlown, and be afterwards senred in tbe rerolationary amy. 
He was for some tine speaker of tbe Legislature in this State, and for 
Iweatj jears, antU tbe sitnatioa was abolished, discbarged with abili^ 
and honor tbe oflloe of Atloraey General of Massachusetts. 

** EaeeUeBt and amiable in prirate life, his memoiy will be embalmed 
and cberisbed hi tbe drele of his bnmediate friends and connezionai 
Upright aa a prefessieinl man— nnwayering fai bis political ylews — 
m i we aH sd and nnswenring in tbe discbsige of bisoOlcial duties— he baa 
Isfl behind him a name which will long be remembered and respected. 

•• His last boon exhibited a beautiful instance of tbe power of religion 
in bestowing fortitude and resignation in tbe midst of much suffeHng 
and weakness. He departed in tbe blessed hopeof a Jojful resurrection 
tfvongb tbe ato n ement of tbe Savior, and bis end was peace.** 



When we oonsider the abilify of Morton as an oialor, and 
praounenoe alike in pnUie a£Eaiia and in hie profession, it is sniw 
ptSaing that our hiatoriana and biograjdierB idio haye spoken of 
heretofore ahonld haye summed np the stoij of his life in a 
lines,— and nsnallj with great inaccuracy as to datca,— 

tr flehrasv7, leU (/M. leil^ p^ lei-aOft) C/ WUUimion'b Hlstoiy of the 
el lUin^ iL e3a-e2S. 
a For an hrterHtfaig seeemii of the two honsm eowpied hj If r. Iforton 
remond fraoi Boston, see The Old Horton sad Taylor Ertstet hi Dor. 
M ewsi ih nw tt g, by DsTld Ckpp^ Boston, 1^03, iseprlated Iram the Hew 
mrtsrfesl and OsMshifiesl Regiiter for laOi, zM. TS-ei. 
s BmSm Momhig Foot (Ke^ US) of Wedneedsy, 10 Oetober, 1887; end 
QsMslegy (edition of 1078), L eat The Deiebestw TWn 
fhe ths dais el Hr. llsttsn'b death » le Oolsbei^ 1887. 



1888.] 



aoim yaiWAOiiuaicri'a TOBna* 



a» 



affording to the general reader little or no oonoeption of hia ohai^ 
aoter or career* 

Captain Samukl Tabbcll, Jr^ the Defendant, came of one of 
the old families of Oroton. He was of the fifth generation from 
the Thomas Tarbell who, with hia son,- Thomas, was among the 
original proprietorB, remoying thither from Watertown, ahont 1668. 
His father. Captain Samuel Tarbell, Senior, was one of the tmi 
children of Thomas Tarbell of the third generation, and a brother 
of the three children who find a place in history aa haying been 
carried into captiyity by the Indians, 20 June, 1707, in one of thoee 
raids which so harassed the interior and frontier towns of Massa- 
chusetts in the early years of the eighteenth century, and from 
which Groton also suffered in King Pliilip's War. 

The Defendant, one of nine children and the only eon, wae bcm 
4 April, 1746. Very little is to be learned of him in the local 
histories. The fullest account of both him and his father is that 
given by Dr. Samuel A. Green, the highest anthority on all matters 
connected with that ancient town, in hia yarious historioal wwka 
upon Groton.' 

The Bond, if giyen under the terms of the Act already referred 
to, aa is presumably the case, would go to show that in 1777 he 
was regarded aa ^finnly attached to the American Cause,** or aa 
one who could be looked to for efficient assistance to it There ia 
nothing to explain his defection. He entered hia Majesty's ser» 
yice aa an officer, and died in his native place 4 March, 1796. It 
aeema to have been hitherto assumed that Captain Samuel Tatbell, 
the elder, was the obligor in the B<»id, and the one against whom 
the suit was brought The inferences drawn from the material 
then at hand, and leading to this conclusion, are all clearly erro> 
neous, and the death of Captain Samuel Tarbell, the elder, nearly 
two yean before the date of the Bond, settles the matter beyond 
question. 

The additional documenta now to be presented, upon examination, 
at once raised a question as to the oorrectnees <rf that assumption. 
One hesitated to differ from an authority ao eminent and reeog^ 

> Gfoton Historissl SerieB, ilL 108, 878; Gieten Cbveh Beeorde, ^ 88$ 
Groton %teihi^ pp. 888-8581 See she Batlsr^ Hktsiy of Groton, pp. 4111^ 
4U. 



SM 



TBB OCKLOVZAL SOCUDl'I OW MAflBACHUWIBt [ICaboh, 



vSnd M Dr. Onm, or eren to qnostion Us opinkm npcm anj 
Utioifeil mfttter pertmnlng to 6iotoii» but in the dooiuneiiti 
pooled hj liim tlMvo was internal eridMiee whioh seemed whollj 
at Tarianoe with his eondiision and raised a donbi. Dr. Green, 
In his aeooont of Captain Samnel Taibell, the elder,^ speaks of 
n Petitionv* which he sajs **refers to the estate mentioned in 
KeedTO CUII.*** He also refers to HiU*s Histoiy of Mason, 
K. H,^ — where the same error as to identity is made,— ** for an 
aUnsiott to him,** and mentions **the decease of his son. Captain 
Saninel Tarbell • • • annoonoed, under Deaths, at the end of this 
Vunber (page 114),**— an extract taken from the Colombian 
Centinel of 18 llaioh, ITM,— 

•« AtOrotoa, the 4<^ last. Cbpt Samnel TubeU, late an cOcir in Us 
Britaaaie llajes^s Amerieaa Dragoons.'* 

Dr. Green also reprints Besc^Te LXXXIX, — the one antfaocising 
tUs Sniti and whieh has been already giTcn.* 

Now, the Petition first mentioned is the Petition ti Amos Law- 
lenee of Groion to the General Coorti 16 Febmaiy, 1781, setting 
iDtth ■ 

•« thsi Capt SasMMl Tarben late of said Gfoton Deceased died seised of 
n Farm eootainlagaboat one baodred aeiee of Lead, that after Us Death 
the saaM was difided hito abM Shares two whereof has beeasetoffto 
Us Son SasMMl TMmU now a Bef ogee hi New York, that the sane two 
haTs beea shice taken hi ezecQtion f or a Debt Doe to the Got- 
It, and joor FiBtitkmer hoThig porohased the other Shares, it hath 
oeoessary hi order to Us nuddng a proper faoproreoieot of the 
thai to sboald toTs tto two SharM afowissM, Wherefore to 
Hnmb^ prajs Toor Honoors ... to saff« him to por«hase tto 



• • • 



I 



to wUch fai appended a Certificate of the sale irf the other shares, 
for iCW a share, to Lawienoe bj Henij IWwell and Samnel Beedi 



• Qietoa HirtoriMl SflriM, III. 100. 

• Tto Milion it priirted IMt ii. 4aL 

• TUs BMolfv it tq^fJBlBd iMC UL lie. 
« le tto IM «l SsMan to ITSO^ we aid, 

ifed^ Oi^l. aiHHnl . • • Thj. 
h p si w^ M i ■irtl l lliiM M a 



d8tsofl7l«»— 



1808.] 



SCnai MA88A0HU8BTI8 TOBIEB. 



20$ 



two sons4n-Iaw ci the eUer Samuel TarbdL^ Then follows the 
BesolTc of the LegisUtore of 8 March, 1781,— 

«* that tto Conmiittee wto ars appointed to M Cooascated Estates hi 
tto Coon^ of Middlesex • • • ars . • . impowered to Sell at pobUok or 
prirate sale • • • the abore mentiooed Two niotto of tto Farm whieh 
tto atore said Csp( Samuel Tartoll Deceased, died seised of , A was set 
of [dc] to his soo Samuel Tarbell A mato A Ezecote a good A legal 
deed or deeds of tto saoM • • • "— (Massaohosetts ArcUTSs, cexzxi 
451.) 

It was erident, on the face of the Petition, that this Farm of one 
hondred acree was not the fbor pieces amoonting to seventy-sis 
acres •«attacht** on tto writ in this Suit Tlieknd««attacht**had 
been taken upon tto execution. It had become tto proper^ of 
tto GoTcmment, and tto title had passed out of tto original owner, 
whoerer to was. It could not tove descended to his heirs and 
become tto subject of a partition among ttom. Moreover, it 
appeared by tto Petition itself ttot seven nintto had been already 
sold by tto heirs, without question by tto Government, and ttot 
the ^ two nintto ** in question, falling by intoritance to tto son, **a 
refugee,** was regarded as tto property of tto Government by confis- 
cation, and ttot an application for its sale, under tto usual order of 
procedure, was necessary in order to obtain poesession of it Tto 
fattor's intereet in any lands had been undisturbed; tto son*s title 
to any had been confiscated to the Government Resolve CLIIL, 
dated 10 April, 1780, refers to *«a judgment of Court against 
Samuel Tartoll, then of Groton (since fled to tto enemy),** and, be- 
sides, sets out distinctly that tto State had «« levied execution** on 
tto lands ttorein referred to, that ttoy bad •« become tto ptopertj 
of this Stat^ and no person snthorised to take care of tto same,** 
and therefcm provides for leasing them *«for one year**; all of 
which would to inconsistent with tto Petition. 

A further difficulty presented itself in tto fttct that tto father 
would tove been eighty years old at tto time tto Bond was given, 
in 1777, and a perMm not likely to be sdeoted for tto ardnoos 
dutiee required by tto Bond, or one who might r eas on s My be ex- 
pected to prove an efficient agent under tto provisions of the 
Statute. All theee facts raised a doubt as to the identity of 



Tto erigbal Bitltiso it la tto 



AreUfStf 



TBB OOU>JIIAL SOOISnr or M A IH A OHUBII 'M, IMasci^ 



•CbptSMiaelTirfatlL** Thtt doabt wm inewMed by tha original 
pi^ais tiiioe lound and incla d ed in thii coin m w nioat i o n» — papm 
iIm tirif*^>«^ of which wa« probaUj unknown when Uiat aooount 
WM pofalished. At Iho Shehff*t KeUim upon the Writ hM its 
**«U the aforae* peieea of land waa Churned by the within named 
8aniael*8 late lather Tarbeli doGl* 4 now leputed to be the within 
Named Sam^ estate.** The elder Samnel*8 father died in 1716» 
and after the lapee of sixty years soch a deseription seemed some* 
what onnsnaL There was no qoestion that the father **TatbeU 
was dead in the early paii of 1781;** but how was it on 4 De- 
eembert 1777, when the Bond was given? The Probate Records 
of the Conntj of Middlesex make the whole ease dear, and proTCi 
oooclosiTely, that the Defendant in this ease was not Ca[»tain 
Samuel Tarbeli the father, bat Captain Samoel Tarbeli, the son, 
who was bom in 1746, and whose death was chronicled in 1796. 
The original papers on file in the Probate Office at Cambridge 
show the appointment of an administrator on the ** Estate of 
Cqpt Samoel Tarbeli** on 15 July, 1770, — fixing the date of 
Ui death a year and a half, at leasti before the date eC the Bond 
inanit 

The name of Lydia Tarbeli, widow, and the names in the list of 
hsin,— Edes, Moors, Phelps, Boynton, Reed, <<e.,— together with 
that of the administrator, Isaac Farmworth,' nmke the identity of 
Ike Intpststo nnqnestionafale.' 

» Hs, yt e b s bly , wm that lassd Fsraswetth who was a asphsw of ths widow, 
itstife BUM ia GMoa, sod, Istw, its Bflpfsseatsafe la ths Qsatna 

Paateaaa or Capt am Samvbl TAaaitL, Joinoa. 

TaaastA, tlit profeollor. Milled hi QmUm hi 1MI; rBmorsd, 

after lbs da rti a ulkm of QnUm dwinf Plinip*k War, to Churlee- 

lewB sad theie died, ef MBsU pox, llJane, 1S7S. 

TAaaau, BMrrled, 10 JaaOi ISSS^ Haaaidi Loagleyt ranofod, 

with his ibiher sad fMail|f , to Chariielowa wheie he died, el 

ssmII poK, fe April, isra. 

TAaaitL, bora IS My, 1617 ; auwried, 1 Beeember, 1681, 
EHabelh Woodi, daagbter el Seorael Wood! of Csmbridgo sad 
Oraloa; diedhi Lex«agtoo,SOelober, 171S(irnifoeloBe.) 
tAMvaL TaaaaiA, Saaioa, bora U Oelober, ISSTi aiarrled, 
St DNtmber, ITfM^dia Fbmeworth t died fai Ofotea, St May, 
1770. Th^ bed fame a7n-176l):— (I) Lydia, BMrriedHeaiy 
t OI)^^Ma,aMRM(l)lisstsHiskslk(S)Mir£des| 



Ma.] 



BPfAEmt BT MM7. WDWAMD Q. POBXBL 



an 



The Loyalists whose namea appear in the papeia herefai de- 
scribed, are a few of those obscurer men who, alike with their 
more famoos brethren in the times of trial which transformed a 
Prorince into a State, bore the obooxiooa name of Toiy. Saring 
an exception or two, they seem to hsTC been of these -^soTerely 
judged then and not always leniently regarded to<tay — who, with 
little ]^ospect of preferment and in the fsce of obloquy, held with 
the sturdiness of En^ish blood and New England breeding to 
their idea of duty, and aided with the CatMO which theybelieired 
to be ri^^i 

The Bey. Edwabd 0. Pobtxb then aaid : — 

Mb. PBsaiDBMT : The menticm of Hopestall Capen's name bfinga 
me again to my feet I have generally thought of him less as 
a Toiy than as a great diy-goods dealer on Union Street both 
before and after the Rerolution. Of course he came from Dor* 
cheater, where other Hopestills preceded him. The portrait of 
Count Rumford which hangs here before us reminds me that when 
that diatinguished $avmU was plain Ben Thompson of Wobum, he 
was apprenticed to Mr. Capen; and S0| I haTO been told, waa 
Samuel Parkman, the eminent merchant 

The C^i^n store — or shop, aa it waa called in his day ^ is still 
standing on the comer of Union and Marshall Streets. For the 
last two generations it has been known as Atwood*s Oyster House. 
In its primci it was considered the most fashionable shopping pUce 



(lii)8!yb{l,numrledJboaUiaalfoore; <iT)Beboiib,aMiriedOeorfe 
Pleroe; (t) Martha, miiried Edwaid Phelps; (ri) Sarah, 
ried Lieateoant Jbeeph Bojntoa $ (rii) Mary, snrried 
Beed, Janlor; (ia) EanSee; beridee (?iU), 
8. Caplaia Sam ubl TAaaaix, Jowtoa, tbe obligor ia the Bood, bora 4 April, 

174S; died ia Grotoa 4 March, 17M. 
Fte the Biaterialt lor thie Pedigree I am bidebted to oar aiioelale Mr. Heaiy 
B. Woodi, who if allied by blood to the Tubelle aad eeteral reUted familiee. 
See Batler^ History of Grotoa, ^smmi; aad Laaieaoe HamoMakTb Diaiy, 
prfaitod ia S PhioeedJafi oC the Mieeenhnietti HieloriesI Society to Jaaaary, 
ISOi, Til. 170^ aad aeic. qf. Wjasa'e Geaealogies aad Eet alis el C ha rk s 
lowa,li.M2. 

> See Joeiah PhOlipe Qaiae/e Beaurks ooaogaiaf the LeyaUots, when 
ooBMaaaieatiaf a faifmeat of the Plaiy ol Ssawel Qafaiey, hi I Prneiiiilnfi el 
Iha MeieenhiMetti Ithtiaiml Society lor Jaaaarr. IML xlz. tU-tl4. 



THB CQLOHUL flOdBTT OV MAIWiAOinmgTg. [UAMOm 



lor ladies in Boftoo. The finett goods oould be had here, and tha 
lur piinfaaaeis came in oharioto* chaieee, and on hofiebaok from all 
Iha eoontij loond. 

Onr noted shop-keeper was one ci the Artiileiy Companj, and 
I think he held sereral minor oflSoes in the Town GoTemmeni.^ 
He was honed at Cqpp*s HllL* It is worth mentioning that in 
the attie of Capen*s building Isaiah Thomas started the Massachn- 
setts Spjr« a few jeais before the Rerolution. Foreseeing the dis- 
torbanpes of 7fi, he shrewdl j remored his newspaper, with all its 
belongings^ to Woreesteri where it hss since been paUished as 
the Wofcester Spy. 

Hr. Jaxes Bsadstrkxt Greikouoh of Cambridge was 
elected a Resident Member ; the Hon. Joseph Wiluaicsov, 
LittD., d Bel^ty Maine, the Hon. Sdceok Ebkk Baldwik, 
LLD., d New HaTen, Connecticut, and Messrs. John Fbank* 
UM jAinsoir, PhJ)., of Brown UniTersity, and Edwabd 
SoiOLBTOir HoiDiK, LLD^ d Washington, D. C, were 
elected Corresponding Members; and 8mom Nbwoqicb, 
F.R.S., of Washbgton, D. C, was elected an Honoraiy 

« See Btcotd Ctm mkri mm n r Itoporti, «ill0fl^ SSS ; aiidz?iil.U. 
sia tke Coft^ Hm Borial Grewid are beadttoMt m4 footetooet to the 
9i Mr. Cq^, to tluit of Ue wUe* Futieiiee Cepeo, who died IS Jaa* 
r, 17f 1, efMl S7 jfOii^ and to tluit of their eeeoad eoBt Mm C•pei^ who 
IS Febnmy, 1770, at tlie aee of eerea yeen. 
Cq^li wife wae Pit i epe e Stoddndt to wiM» he was pahliehed 12 Jiiao» 
HiS (Boitea TowB Beeoide). 8he wae bora iaBoeloD,MFebraai7,17SS-S4, 
—the deaghler of Thomee aad Tafaitha (Uodgdea) Stoddard (Boetoa Beeeid 
^ ■■ l ii ln ii r^ Reporte, nir. SIS; nriii. US). 

Of Om iie « aMve ehOdrm of Hepeetm aad PMieaee (Stoddtfd) G^NB, the 
WrtheofiearawlBaadoBtheBeeteaTomiBeee i de. (iMLnlr.ll%aSl,aSI| 
L) SeeoM^pwSnaadaeiilw 



1S9S.] 



LoxEB raon mu smov mewoonB. 



APBIL MEETINO, 1898. 

AStatkd MixTiKQ of the Society waa held in the Hall 
of the American Academy of Arts and Sciences on 
Wednesday, 20 April, 1898, at three o'clock in the after- 
noon. President Whbslwbiort in the Chair. 

The Pbbsidkkt appointed the following Committees, in 
anticipation of the Annual Meeting : — 

To nominate candidates for the several offices, — the 
Hon. John K Sakfobd, and Messrs. Sahuxl Joeksok and 

S. LOTHBOP Th0RVDIK£. 

To examine the Treasurer's Accounts, — Messrs. Mosis 
WiLUAMS and Oiorok Wigoliswobth. 

The CoBRispoirDiKO Sbobbtabt reported that since the 
last Stated Meeting he had received letters from Sncow 
NiwooMB, F. B. S., accepting Honorary Membership, and 
from the Hon. Joskph Williamsok, lattD., the Hon. 
Simbok Ebek Baldwin, LL.D^ Johk Fbakklut Jaioesow, 
Ph. D., and Edwabd Sikolbtok Holdbn, LLD^ aooqpiing 
Correspondug Membership. 

Professor Nbwookb's letter is as follows: — 



To 



WAMmwio«» D. C« ILjmni tS» ISM. 

CoiBierovDnio SaoaatABT, 
Tbb CounifAL SooiBTT or MAMJunniMme. 



Daia 8n, — I haTe niiefa pleasure hi acknowledgiog reoelpt of 
your oonmaDlcation of the 16th inst. apprising bm of my electioa aa 
Honorary Member of joar Sooio^. I hij^y appreciate so distiogolsh- 
big aa bonoor from so emioeot a Sooiety; and I beg that jo« wU 
coorejr to the Sooiety my thanks, eoopled witii the assoraaes that the 
honow it has done BM ki very gr^tffyiBg to me sod my f amUy. 

Toofs BMst respsetlklly, 

Ki 



^imm^m^ 



TBE COUXHIAL SOOIBTr OF XAflBlCHUBBTO. [Afan, 

Mr. Akdbew McFarland Davis offered the following 
Totey which was nnanimonslj adopted: — 

FitUi^ That the Amendmenti to the Bj-Laws proposed hj the 
Comiea at this meeting are herebj adopted, so that Article 6 of 
Chapter IL» Article 8 of Chapter III.. Article 2 of Chapter V^ 

Article 3 of Chapter VL. Article 1 of Chapter VIL. Articles 1, a. 
and 4 of Chapter Vm^ Article 2 of Chapter IX.. Artides 1 

and2of Chapter i, and Article 5 of Chapter XI., wiU lead as 
foUows: — 

pnslsad of noting hers, hi detail, tiie manj slight changea made 
igr the fov^going Vol^ tiie whole Code, as amended, la printed 

CHAPTER I. 

nm ooapoaATB tBAL. 

» L— The Corporate Seal shaU be: On an Eicutoheon the 

of the Coumr of thi MASSACHUssna BAt impalinff the 

CcttOHTOT ^tmouth; abore the dexter 1680 and the siniater 

**** " I *y » «irels bearing Thi OoLOHiAL SoouTT OF 

1692; 1892. 



18S8.] 



801 




^ ••— ^n» "«»rthig Secietaiy ahaU haTO a>e enato^j of 



IheSsaL 



CHAPTER IL 



AnnniTit. 



iTn JIZL T"^,'" iisaident Membeia of the Sodetr 
^ meed One Hnndied. Thejr ahaU be elected bom 
Ike eitiaans of Ifassadumetti. and chaU cease to be mem. 



• ii 



< o 



i: 









beis whenever thej cease to be residenti thereof. The nnmber 
of Corresponding Members never shall exceed Fiftj; and tiie 
number of Honorary Members never shall exceed Twenty. They 
ahall be elected from among non*residents of Massachnsetts. and 
ahall cease to be memben if at any time thej become both dtisena 
and permanent residents thereof. 

No person shall be eligible to memberBhip who cannot prove, bj 
documentary evidence satisfaottMy to the Council, hia lineal de* 
acent from an ancestor who waa a resident of the Colonies of 
Plymouth or the Massachusetts Bay. 

Resident Memben only shaU be eligible to office or be entitled 
to vote or to take part in the business of the Sodefy. 

Art. 2. —A book shall be kept by the Rec<»ding Secretary, in 
which any member may enter the name of any perMm idiom he 
may regard as suitable to be nominated aa a Resident, Correspoirf* 
ing. or Honorary Member. — it being understood that each member 
is bound in honor not to make known abroad the name of any 
perscm proposed or nominated; but no nomination shall be made 
except by a report of the Council at a Stated Meeting of the 
Society. Ko nomination shall be acted upon at the same meeting 
to which it is reported; nor shall more than one candidals for 
Honorary Membership be reported at any meeting. 

Abt. 8. — Proposals of candidates and nominationa shall be 
accompanied by a brief statement of the place of residence and 
qualifications of the person proposed or nominated. 

Abt. 4. — All memben shall be elected by ballot at a Stated 
Meeting, the affirmative votes of three-fourths of all the members 
present being requisite to an election. 

Abt. 6. — Each Resident Member shaU pay Ten Dollars at the 
time of his admission, and Ten Dollars each Twenty-first of 
November afterward, into the treasury for the general purposes of 
the Society; but any member shall be exempt from the annual 
payment if, at any time after hia admission, he shall pay into the 
treasury One Hundred Dollars in addition to his pievious pay- 
ments ; and all Commutations shaU be and remain permanMitiy 
funded, the interest only to be used for current expenses. 

An. 6.— If any person elected a Resident Member shaU 
n^lect, for one month after being notified of his election, to ao- 
espt hia membership in writing and to pay hia Admission Fee. hia 



J 



COUXnAL flOOBTT OF 1CA88A0HUBEIT8. [AnOy 



18161] 



BT-ULWi. 



•Iftflifln ahall 1m Toidi and if may Rmdent Member sball negleel 
to ptj Im Ammal A w ewm ent for eiz months after it shall have 
beeome dne, and his attention shall hare been oalled to this artiele 
of the By-LawBi be shall eease to be a member; bat it shall be 
competent for the Conncil to sospend the proTisions of this Artiele 
for a leasooaUe time* 

Abc 7.— Diplomas signed hj the President and coonter* 
signed bj the two Secretaries shall be issued to all the members. 

Abc & — Anj member maj be expelled for caiise» at any 
Stated Meeting of the Socieljt upon the nnanimoos reoommenda* 
of Ike m e mb e ii of the Cooncil present at anj meeting 



CHAPTER m. 



QVOaOlfy AXD AMBSDMBVTS* 



An: L— There shall be Stated Meetings of the Sodetf on the 
Twentf-first daj of Norember, and on the thiid Wednesdays of 
December* Janoaij, Febmaij^ Maroh» and April, at such time and 
place as the Cooncil shall appoint; provided^ howeTer* that the 
Council shall hare anthority to pos^ne any, except the NoTcm* 
ber, Stated Meetingt or to dispense with it altogether wheneTcr, 
for any canse, they may deem it desirable or expedient Special 
Meetings shall be called by either of the Secretaries at the request 
of Ibe President; or, in case of his death, absenee, or inability, of 
one of the Vice^Preridents, or of the Council. 

The Stated Meeting in Nomnber shall be the Annual Meeting 
of the Coiporation. 

Abt. 2. — Upon the request of the presiding olBcer, any motion 
or reoolntion, offered at any meeting, shall be submitted in writing. 

Abt. S. — Ten mem b ei s shall constitute a quorum for aU pui^ 
p ose s except for amendment of the By-Laws, which shall be made 
only OB recommendation of the Counoil at a Stated Meeting (in 
the Boliilealioa of which mention has been made ci a purpoee to 
amend the By-Laws) at which not less than Twenty members are 
pimin^ by an alHimstifo Tole of three fourths of all the membem 
at the meeting; 



CHAPTER IV. 



> 



Art. 1. — The officew <rf the Society shall be a Piesident, 
who shall be Chairman of the Council; two Vice-PresidentB ; a 
Recoiding Secretary, who shall be Secretaiy of the Counctt; a 
Corresponding Secretary ; a Treasurer; and a Registrar,— all of 
whom shall be chosen hy ballot at the Annual Meeting, and shall 
hold their respectiTe oflBoes for one year, or until others are duly 
chosen and installed. At tlie first meeting three members shall be 
elected, who, with tlie officers preyiously named, shall constitute 
the CouncU of the Society. One of the said three members shall 
be elected to serve for tlie first year, one for two years, and coo 
for three years ; and thereafter one member shall be elected annn- 
ally for the term of three years. 

Esbh member of the Council shall have a vote. 

Am. 2. — Elections to fill vacancies which may occur in Urn 
CouncQ shall be for the unexpired term or terms; and such vsp 
cancies may be filled by it at its discretion. 

Art. 8. — At the Stated Meeting in April, a Nominating Com. 

mittee, consirting of three persons, shall be appointed by the 
presiding officer, and shaU report to the Annual Meeting a list of 

members for the phMMS to be filled. 
Art. 4.— No officer of the Society shanrtosive any peeuniaiy 

oompensation for his servicee. 

CHAPTER V. 



Abu 1.— The President shaU be the chief executive officer of 
the Society; and, with tlie advice of the Council, shall superin- 
tend and ooiiduct its prudential aibirs. 

Art. 1— The President, and in his absenee one cl the Vice- 
Presidents, shall pieride in all meetings irf the Society. In the 
absence <rf all theee officers, a Piesident jm IfsifMfv shall be 

chosen* 
Abt. t.— UbIcm odierwiM otderad, aU OMUiittM AtXL to 

•ippointod bfjr the pcMiding oOmb. 



J 



IM 



ooiAVUL •ocsxnr or XAasAommKnB. [AniL» 



CHAPTER VI. 



UCOWMim raCRRABT* 



Abk. 1«— The Saeoiding Seoretaiy^ or in otto of Ut death, 
ehee&ee, or inabOitjr* the Corresponding Secrotaiy, shall warn all 
awetings of the Societjr and of the Coonoilf in snoh manner as the 
Coonca shall direct 

An. 1 — In the absence of the President and of the Vioe- 
Presidenti, he shall, if present, call Ihe meeting to order, and 
praside vnta a President j»v taiperv is chosen. 

An. a. — He shall attend all meetings of the Societj and of 
the Cooneil, and shall keep an exact record of Ihe same, with the 
naows of the memben present,— entering in fall all accepted 

Bepcrts of comanttees unless otherwise spedall J directed, or unless 
the same ars to be included in the printed Transactions. 

^«B> ^ — He shall enter the naaws of all members sjstemati- 
eaUj in books kepi for the puipose. 

An. &— All books and papers in his oOcial eustodjr shall be 
lbs prapsttf of lbs Soeiety. 



CHAPTER VIL 
TBB conmroKDno sicBCTABi; 

Ask 1— The Corresponding Secretary shall notify all persons 
^"^ Baj be elected memben ; send toeachacopyof theBj-Laws, 
caOii^^ attention to Articles 5 and 6 of Chapter II.; and on their 
acceptance issue the proper dipkmaL 

Aas. 2. — He shall conduct <2ie correspondence of theSocieij 
MtotherwiM pmrided for, and keep aU original letters receiTed 
and copies of all letters sent in reguhr files, which shall be the 
paopeitf of the Society. 

'^'^ t.— Al every Stated Meeting he shall ivad such oflkial 

as he amy haTe rsceiTed since the last Stated 



MM.] 



806 



4 

t 






CHAPTER Vm. 



Abt. 1.— The Treasurer shaU collect all money due to the 
Society, and shaU keep, in books bebnging to it, regular and 
faithful aoQOunts of all the receipt^ expenditures, and Funds, 
which accounts shall be open always to the inspection of the 
CoonciL 

At <2ie Aimual Meeting he shall make a written or printed 
Report of all his official doings for the year preceding, of <2ie 
amount and condition of all the property <^ the Societjr intrusted 
to him, and of the character of the investments. 

Abt. 8. — He shall invest and manage the Funds of lbs Sod* 
ety with the consent and approval of <2ie CoundL 

Abt. 8. — He shall pay no money except on draft of the 
Council, or of iti duly authorized committee. 

Abt. 4. — He shall give bonds to the satisfsction of the Coun- 
cil for the fdthful performance of the duties of his office. 

jnu AMU — m i i f Ut i U mHqfy ilg n %w im mmt$ ^SmUm 9$ ^ O k w^ m Mi ftkt 



CHAPTEB IX. 
ArraopBiAnoas, amd tasAScaia's Acoomns. 

Abt. 1. — No perMm or committee shall incur any debt or 
liability in <2ie name of the Society, unless in accordance with a 
previous vote and appropriation therefor by the Society or <2ie 
Council. 

Abt. 1 — At the Stated Meeting in April, an Auditing Com- 
mittee, consisting of two perM>ns not memben of the Council, 
shall be appointed by <2ie presiding officer to examine <2ie accounti 
of the Treasurer for the current year, and, at <2ie Annual Meeting, 
to report thereon, and on the state of a^r pt o p e ttj f of the Society 
in his hands. 



ooLonAii soGOBrr or ukmkammm§. [Aruit 



18M.] 



EinffAR¥ll BT THX PBlSmHT. 



SOT 



CHAPTER X 



Akt. L— The Registnr shall report to the Couiea upon the 
digiUlity to menibenliip of all candi d ttai befoia thair namea ara 
lapoitad to tha Society. 

An. 1 — Ha ahall hava tba oostody ol all doounanta filad hj 
mmabm ia piool of tbair allgiUUtjr. 

CHAPTER XL 

TBB COUVCtL* 

Akt. L— Tha Cooncil ahall datanninaiti own quorum; aatab- 
lish mlea and lagolationa for tha tranaactioo of ita biiaina88» for 
tha goranunant of tha Sociatj, and for Ilia admiation of mambara ; 
ananga for aacoring hlstoriod and other appropriata papers and 
aom mnnk tat io ns ; authoriza all azpenditores of mooej» drawing 
npon Ilia Tiaasorer, from time to tima, for auoh aums aa maj be 
laqniiad; prorida all engraved or printed Uanks and hooka of 
laoord; and aee that tha Bj-Lawa are complied with. 

Abt. 2. — It shall appoint aUnacassaiyagenta and aubordinatea 
(who shall hold their re^wctiva poaitaona daring tha pleasure of 
lbs Council), prescribe thair duties, and fix their compenaation. 

Abt. S.— It maj appoint, for tarma not azcaeding one year, 
and preacfiba Iha functions of, such committaea of Ha number, or 
al tha memben of tha Society, aa it may deem azpediant, to facili* 
lata tha adminiatiation of tha Soeiaty'a affain. 

Abt. 4. — It diaU report, at iti diacretion, nominationa for Real* 
dent, Corresponding, and Honorary Memben, and act upon all 
laaignationa and ferfeiturea of mambership. 

AsT. 5.— After the death of a Raaidant Member it ahall i^ipoint 
>f tha Sodaty to prepare a Memoir of <2ia deceased, 
tt.— It shall report at araij meeting of tha Society auch 
aa it may deem adviaabla to preaent At the Annual 
Maating it ahall mtkb an Annual Report which sfasU induda 
itatamant of tha doing* of tha Society during the pre* 






President Whxelwbioht then aaid : — 

OmUUmma/ The CoUmM Soeiay nf Ma n aekMUtfi : — > 

It is my pleaaing duty, aa Chairman of the Committee appointed 
to consider the aubject of incraaaing the Permanent Funds of the 
Society, to present <2ie Report of that Committee, which ia aa 
foUowa: — 

To tk€ Mmb$r$ qf TU CcUmial SoeUtp qfMa§$ad^u$tU$: — 

The Committee appointed at the Stated Meeting la Februaij, 1897, 
to consider the subject of Increasing the Fermaaent Funds of the So- 
ciety bss attended to that daty and begs lesTs to report that It secured 
sobscrlpUons amounting to Ten Thousand Dollars to a Faad named, ia 
honor of the late Pkesident of the Society, Tax Cvouio Msmobial Fuimi 
that this amount was pledged by seTenty-three pencos, In subs raaglag 
fhwi $6 to $i,S50; and that, with the exception of ttOO, the amo^ 
haa been actually paid Into the Sodely'a treasuiy. 

Bcq^ectf nlly submittsd, 

EowAsa WaRBLWBiaur, 
SAMUkL JoBKtoir, 
D. R. WaiTvsT, 
CaASLit F. Cboati, 
RosBBT K. T<wrAii, 
Katbl. 0. Naiu, 
BaaaT H. Edh^ 
BcsToa, 10 April, ISOflb 

The Repeals short but satisfsctoiy. The Gould Memorial Fund 
of Ten Thousand DoUara ia fully subscribed and, Tirtually, paid in. 
We haya thus erected a substantial and permanent monument in 
honor of our first Presidenti and haTe alao cr ea t ed a nucleus around 
which will gather in the not distant ftltur^ aa I confidently beliere, 
other Funda which will place our Society on the ataUe financial 
footing which it ought to haya in order to fulfill the patriotic da- 
aigns of its Founders. 

The moat immediately urgent need of auch permanent Funda ia 
to proride for the publioation of our Transactions and CoUectiona. 
The Society haa taken a just pride in the only Tolume of iti 
Publicationa which haa yet appeared. Both for iti aubject«iatter 
and for its typographical attractiyeness it ia entitled, by conunon 
eonaent, to take high rank among aimUar works in this country; 
but, aa appears by the publiahed Reporta of the Treasurer for the 
yean 1898 and 18M, it waa only poasiUe to attain thia yeqr antia- 



THX OOUUnAL flOGOEVr OV MAMAOHUSmii 



[Aysm 



1808.] 



*r4i;ii 



TO THX QOVtD WOiOBlAL FCimi. 



factoiy Ktult ilnoiigh the Tdantsij oontribatioosi Mnoantang in 
tbtb aggicgato to Mvenl hnndred dollan, of a few pubUo^pirited 
membeit. The income of tiio Oonld Memorial Fund will, in 
great meMore, do away with the neceaeity for such voluntary oon- 
tribotions in the future; but avon with the addition of tho income 
of the small Oenend Fund and of the still smaller Publication 
Fund preriously existing it will fall far short of what ii required 
for this pnipose. 

We really need two Publication Funds of Twenty^TC Thou- 
sand IMlars each, one to defray the cost of printing our Trans- 
actioos, the other for puUishing our Tolumes of Collections, for 
which abundant material is already at hand, while more is con- 
stantly being discorered. If we had adequate means, several 
volumes might be in fwogress at the same time. 

We have now in our several Funds the considerable sum of 
tl2,50Q, which it is lair to assume wiU, in the couree of time, be 
augmented by gifts and bequests drawn to it by that law of natural 
attractko, ^'To him that hath shall be given.** 

It may be long before our comparatively young Society attains 
to the qilendid financial position of our lumored elder sister, the 
IfasMchusetts Historical Society. Her sixteen Permanent Funds 
now amount, acMvding to the recently printed Report of <2ie 
Treasurer, to more than $150,000, exclusive of Real Estate which 
has recently been sold for #200,000. We may not, perhaps, re- 
ceive at once a single donation so munificent as that made to the 
Historical Society by the late (leoige Peabody, and known as the 
Peabody Fund^ — not the least admirable of the public bene&ctions 
of that eminent philanthroi^t and patriotic citizen, — but, as we 
have already, in our Art years of existence, shown ourselves com- 
petent to do good and useful work, and have, moreoveiv exhibited a 
willingness and an abilify to help ourselves, we may be permitted to 
Impe that we shall eventually receive, either from within our own 
tanks or from tbose^ not members, who sympathise with our aims 
and aspirations, such a c c e s si ons to our permanent endowment as 
win enable us to provide, not only for the continuance and enlatgt- 
■enet of our Publications, but also for those other urgent needs,— 
a Psnmasnt Home for lbs Soeietjr, a Library, and a Cabinet. 

In eenslMiQn, lei me quote the old Latin proverb — 

•AstfslfnfsO^dM.'* 



i 4 



> 



On motion of ICr. 0. AnuuR HxLTO V| it was, nnaaimoualyi 

VoUd^ That the Report be accepted, and tbeCommittee bedisohaiged 
with the thanks of the Society for its Ubors in proseonting to a sueoess 
f ul Issoe tbe work of byiog the fou&datkm of a substantial eadowmsat 
of tbc Corpocatloii. 

The following is a List of the Subsoribers to the Fond: — 



Jamm BARB Ambs« 
RoaasT Tiixiiiouast Babwut* 
Edwaso Applbtom Bamos. 
Waltbs Cabot Batubs. 
Gbobob Nixom Blace. 
Chablbs Picbbbibo Bow ni Tc n. 
Louis Cabot. 
Fbawklim Cabtbb. 
8btb Cablo Chaxdlbb. 
Chablis Augustus Chasb. 
Chablbs Fbarcis Choatb. 
EuoT CBABBnie Clabbb. 
Chablbs Wabbbb CLnrroani 
Robbbt ComcAB. 

Hbbbv WnrcBBSTBa CmnmioaAM* 
Abdbbw IIcFablabd Davis. 
Hbbbt Hbbbbbt Ei^bs. 
William Cbowbixshibld BBMOorr* 
Chablbs Cabboll Etbbbtt. 
Frbdkbicb Lbwis Gat. 
Gbobob Libcolb Goodalb. 
Abbbb Crbbbt Goodbll, Jr. 
Wiluak Watsob Goodwdt. 
Chablbs Mohtbatillb Gbbbm; 
Mas. Gbobob Silsbbb Halb. 
GusTATus Abtrub Hiltob. 
JoHB Elbbiihib Humob. 
Edwabd Fbabcis Johbsob. 
Samubl Johbsob. 
Gbobob Ltmab KiTTBBDoa» 

WiLUAM COOUBOB LaBB. 
JOHB LaTHBOP. 

WnAiAM Lawbbbob. 
Waldo Libcolb. 
Fbabcis Cabot Lowblu 
JoHB Lowbll. 



Albbbt Mattbbws. 

Thomas Mibbs. 

Kathabibl Cushdni Nasb. 

joub koblb. 

Kathabibl Paibb. 

Miss Eusa Willabo Shaw Pabbmah, 

William Taooabo Pipbb. 

Edwabo Gbippib Pobtbb. 

Hbbbt Pabxbb Quibot. 

Chablbs Sbdowicx Racbbmabv* 

RiCHABD lIlODLBCOTT 8ALT0BSTAU» 

JoHB Eliot Babvobh. 
Philip Howbs Sbabs. 
Hbbbt Dwioht Bboowick. 
Mbs. Dabibl Dbbisob Slabb. 
Dbbisob Bosbbs Slabs. 
Jbbbmiah Smith. 
Chablbs Abmstbobo Sbow. 
Jambs Bbadlbt Thatbb. 
JoHB EuoT Thatbb. 
Samuel Lothbop THOBumEB. 
Bobbbt Kozob Toppah* 
Gbobob Fox Tucxbb. 
William Cushibo Wait. 
William Watsob. 
Chablbs Goddabd Wb&b. 
Mas. William Gobdob Wwui 
Samubl Wblls. 
Abobbw Cp bbi bo h s m Whbbl* 

WBIOBT. 

Edmubb IIabcm Whbblwbmbi. 
Edwabd Whbblwbioht. 
David Riob Whitbst* 
Hbbbt Williams. 

MOSBS WnXIAMSw 
BOOBB WOLOOTT. 



i 1 

• J 

• J 

'A 



/. 



tl^ ^BM cofumiAjs aocnmr or MAMAOHuvsm. [Armn, 

The pRnmsHT annoonoed tbe death of Dr. Allen as 
fidlowa: — 

Qnr MMctate the Rer. Dr. Joseph Henry Allen died at hia 
letideiioe in Cambridge on the twentieth of M aich. 

I had not the advantage of an intimate personal aoqnaintanoe 
with Dr. Allen, — in fact I only knew him aa a member of thia 
SocietTv to which he waa elected on the twentieth of Decembeiv 
1893. He waa a frequent and intereated attendant at our meet- 
inga, and on aoTeral occaaiona contributed raluable remarks to our 
dlacuaaiona, while at the Stated Meeting in Februaij, 1896, he 
qioke at length upon the Religioua Situation in the American 
Coloniea before the Revolution.^ He also wrote for our Trana- 
aetiona a Memoir of William Gordon Weld.* 

I ahall leave it to others, who knew him better, to apeak of Dr. 
Allen*a many virtues and accomplishments, taking this occasion, 
however, to announce that the Rev. Profeaaor Charlea Carroll 
EvereU haa been appointed bjr the Council to write the Memoir of 
Dr. Allen for our Publicationa. 

At the ooncluaion of the IVeaidenVa lemarka Mr. Archi- 
bald M. Howsaaid: — 



1896.] 



TRIBim TO DR. JOSEPH HENRT ALLEN* 



ni 



Joaeph Henry Allen waa the aon of the Rev. Dr. Joseph Allen,who 
B the minister of the First Parish in Korthborough from 1816 
til his death, in 1878. ««His mother waa a daughter of the elder 
Ware, — that Henij, whose appointment aa HoUia Professor of 
Divinitjr in Harvard Cdlege, in 1805, . . . furnished the Andover 
Theological Seminary with its reason to exist . . . Through hia 
RMiher, Dr. Allen waa descended from a line of aix Congiegational 
ministeis, among them a John Hancock and the famous Jonas 
CUric of Lexington.**' 

Mr. Allen gnduated at Harvard in 1840, high in rank. After 
three jears in the Divinity School, he began the woric of hia min- 
iatiy at Jamafea Phun. Four years later, he became pastor of the 
Unitarian Chureh in Waahington, and while theie waa put to a 
•even teat both motiUy and inteUeotuaUy. It waa the period of 



t 
•Bar. 



m. 41-48. • nu. iiL 

WUlt GhaMflkp ia ilM H^ Tsfk 



Sf«li« BmI €< Mmd^^ 



Ml 



vl 



/•I 



the Mexican war, and it waa no eeey task for a man under thirty 
yeara of age to miniater toauch men aa John Quinoy Adama, John 
P. Hale, Levi Woodbuiy, Albion K. Parria, William Cranch, Wil- 
liam 6. Eliot, John Fairfield, and other political leaden of varied 
viewa; but it waa Mr. Allen'a nature to speak frankly and freely 
upon all oceaaions. On the twenfy-eeventh of February, 1848, he 
preached A Discourse,^ occasioned by <2ie death of jiUm Quiney 
Adams* &om the text— 



M' 



Mark tke peifeel ouw, and beboldtkeiqpriglit! for tke sod €< thai i 
jipaacs.'' 



In his exordium he 

**Tlie season, always greeted with the glad and k>7al welcome of 
every patrk>tic heart, as tbe conmemoratlon of tbe birth of oar eoun* 
try's greatest man, has been rendered doubly memorable now, bj the 
annooncement which has made the Nation's heart retarn in part from its 
fever-dream of war* to the pnrer hope and glad antieipation of peace, 
and by the quiet and gentle departure fhwi life of the most venerable 
and distingaished of oor pubUo flMn." 

After three years of active work In Waahington, Mr. All^i, in 
1860, succeeded the Rev. Dr. Frederick H. Hedge aa paator of the 
Unitarian Churdi in Bangor, Maine. He waa aoon a leader in 
protesting against the Kansaa-Nebtaaka BilL The admonition 
which he recMved from a parishioner waa followed by hia atrong 
Lecturea againat Slavery, and then— after the assault on Sumner 
— by the so-called** political preaching** which cauaed hia depart- 
ure from Bangor. Hia printed aermona had done much to ereate 
the Republican party in Maine, in 1856t and Hannibal Hamlin, a 
member of hia pariah, began hia politieal eareer aa a Rq^bliean at 
that time. 

Then followed yeara of teaehing, pfeaehingt and editing The 
Christian Examiner and The Unitarian Review. 

For aeveral years Mr. Allen Uved at Jamaica PhUn; after 18G7, 
and unta hia death, hia place of reaidenoe waa Cambridge» where 

> The Statesman and the Mea. A Dieeooree on oeceeioa e< thcTdealh e< 
Iloa. John Qninqr Adami, delivned in Weehiagton, Feb. i7, IMS, bj J eeeph 
Heniy AUen, Peetor of the UniCeriaa Chareh. Waefaiaetoa, 1848^ evo. p^ it. 

« Mr. AdaoM died tS Febraaiy, laM. 

• Hwltodeea War, nhieh Mr. Adaaw had always e pfe eedlfcwae 



i^ 



w 



SIS 



THX OOfUXSlAL UOOHftY OF MABWAOIIUB&l'l'S. [Am&y 



1m wm engaged in prirate teseliingi and in editing Allen and 
Greenoogii's aeriea of Latin tezt4xMdn. For fonr yean (1878- 
1882) he was Lectuier on Eccleeiaetieal Histoiy in the Hanraid 
DiTinity SehooL In aome intervale, — each of a jear or mote, — 
he nobl J boie the burdens d struggling ehnrches in Michigan, 
New York, and California, leaying home-life when far advanced in 
jeaia, and giving not onl j personal servioe, bat aoneyt often not 
easilj spared* 

Hr. Alien never suffered himself to be misled bgr a desirs for 
popularity. He knew **the ignominy of the popular preacher," 
and anything unreal or insincere in expression was utterly foreign 
to his nature. Sonietiroes he was oUiged to assert himself when 
he thought the countiy needed his personal views upon contro- 
vernal questions; but he todc no part in discussions about tlie 
smaller matters of doctrine Although a loyal Unitarian, his 
catholicity was most inspiring. 

In 1881, Mr. Allen visited llungaiyas the delegate of American 
and British Unitarians to the Consistory of Unitarian Churches in 
Transylvania. His intimate acquaintance with the countiy, his 
lingmstic knowledge, and his ease in approaching all men made 
him a veiy valuable representative. 

Harvard University tardily recognised Mr. Allen*s character and 
scholaiship by conferring upon him, in 1891, the honoraiy degree 
.ol Doctor ot Divinity. 

Dr. Allen was one of the last of our Massachusetts teachers of 
the old schodL Of a vigorous and independent mind, he was 
habitually ealm and self-possessed, teaching with a humility of 
spirit which compelled others to listen. His influence as an in- 
straetor of ministers was veiy greati but ministers were not his 
only pupils. He taught even more hy example than by precept, 
and the most casual aoquaintanoe oould not fail to come under the 
inflnenoe of his gentle and noble nature. From his earliest boy- 
hood he had served his fellow-men. I weU remember his telling 
howhisfathei^s family was accustomed to receive the town pai^rs 
at Thanksgiving dinner, and how the childien, on hearing that one 
ol tlie guests, who had lost a forefinger, was a Roman Catholio, 
is ci ded that all Boman Catholics must have only one forefinger. 

Nothing wao anve delightful than Dr. AUen^s conveisatkm. 
His psnsMl and tttenuy aoquaintanoe was large. He was in tn* 



1808.] 



TBIBXm TO DE. JOSBTH HXMBT ALUBK. 



81S 



vl 

* J 

* -1 



■ ' « 



■j 



I 



^ 



.( 



I i 



> 



[ 






V'l 



1; 
I* 

''I 



quent oonespondence with Dr. Martineau, Francis William New- 
man, and many other illustrious schokrs, while his genuine love of 

aU men, his gentleness, and his deep experience made it possible 
for him to get something from men and women of every station. 

As a neighbor who had the privUege of witnessing the eouise of 
Dr. Allen's daUy life, I wish I could adequately express its effect 
upon those around him. It made his household beautiful, and ren- 
dered his unceanng activity a power that cannot be measured 1^ 
woridly standards. Hit was the life of the spirit, which, guided 
by a noble mind, made contentment sure for hfan, dmgite the many 
bttidens that he earned for othem and for himself. Heexemplified 

the w<Mrds of Blartineau, — . 

«« That a soul occupied with great ideas best performs small duties; 
that the divinest views of life penetrate most dearty into the meanest 
emoigenciest that so far from petty principles being best proportioned 
to petty trials^ a heavenly spirit taking up Its abode with us eanakme 
sustab weU the daUy tolls, and traoqnlUy pass ths humiliations of our 

condition."* 

But the end was to come. Dr. Allen oould not easUy lay asid^ 
his work, and his h«t efforts to be physically active when his 
strength was almost spent were characteristic of his courage and 
determination. Failing health compelled him to cease from his 
bbois, and death foUowed a few weeks later, relieving him from 
the feeling that he was a burden to others who would willingly 
have supported him indefinitely in his sweet reposrfulness. 

As the result of his work ss a lecturer and ss a {oofound scholar. 
Dr. Allen left much less in quantity than some other writers be- 
cause of his many and varied daUy services to his feUow-men; bnt 
what he did leave is so clear and so sympathetio that the reader 
cannot faU to see how far removed he was from dogmatism. He 
did much revision and translation of Renan*s works, finidiing The 
Aposties but a short time before his deaUi. He was also very 
active ss an editor and ss an educational writer. His most impor- 
tant original worics are Fragments of Christian Histoiy to ^ 
Founding of the Holy Roman Empire, and Christian History in 



>8enaoaeB Ofeet PriaolplM sad 
Ghriilisa Ule (Boston, 1879), Fw St. 



tesD DetiMbin 



sflsrths 



S14 



THB OOU>]nAL aOOIBTr OF MAMAOHfrnxm. [Apmn, 

PDe OiMl Periods,— two tingulariy aitnctive books which 
do mnoh to giro the lay reader a clear and impartial Tiew 
building of the Christian foundations. 



Mr. Uebkt H. Edi8 
Dr. Allen: — 



this tribute to the memoiy of 



They tbat U wIm 

HUljtO 



Aim M the hrigfataees of the flnuaent» And thej 
at the itan, forever aiid ever." 



Ub. PBE8IDEXT9 could there be found a more fitting text for 
A discouise upon the life of our associate who has left us since our 
last meetii^ than these words of the prophet Daniel? I merelj 
wish, howerer, to gire expression to the sorrow that is in m j 
heart because of the pasring of Dr. Allen. I had known him for 
twenty jean and in that time the admiration which I felt for him 
when our acquaintance began had ripened into a deep a£Fection. 

Teacher, seer, theologian, historian, philosopher, sage, Christian 
gentleman, — these wers some of the offices he filled during nearlj 
fourscore well spent years; and yet there was no trace of pedantiy 
in the relations of this dassical scholar to his fellow^nen, for he 
lored to hold conrerse not only with the recondite man of letteis 
but with the pUin, untutored yeoman and mechanic Modesty 
and nmpUdty were distinguishing trsits in Dr. Allen's strong and 
well-poised character, in which unselfishness and catholicity of 
^urit held a high pbce. He was too profound to be a popuUr 
preachov but he never husked an attentiTe hearing among scholan ; 
indeed, in his own doctrinal brotherhood he was kng regaided as 
its mteUectual leader. His fine and Tigorous and richly-stoied 
shid was actiyely employed to the reiy end of his beautiful and 
nseful life, and he may be said to haTe ••died in harness *" as he 
^mdd have wished. 

Few, indeed, are they whose likraess can be recognised in 
Chaneei^s portrait of the good Priest in the Canterbury Tales, but 
who shall say tiiat these lines might not hate been written of our 
— — "^friendi — 

« Biehe he was €< holj thofht and wwk. 
Be was alw a Imad MM, a oMe. 



BiB%as he wai^ sad wrndar diUgMH^ 
And In adfsnilM M Mslwli 



1./' 



y] 






MM.] 



▲BKIOLn OF THB LAHD BAHK. 



Ufi 



Wyd waa hia pariaihe 



Tbia noble floaample to hia ahaq^ ha jaf, 
That fiiat he wroghle» and afterward ha 
Out of the foapei he tho wordee eaoghla, 

Be waa a ahepherde, and no OMioenaria. 

To drawen folk to heren bj faimeaae^ 
^7 good enianpla, thia waa hia bealnaHS. 

A better preeat I trowe that nowhar non la. 
Be waited after no pompe and rafiranea^ 
Ne naked him a aii&ped eooeienee, 
But Criitea lore, and hia apoatlea twelfa^ 
He taqgfata^ but irat ha folwed it himaehe.* 



Mr. Datis presented the following memorandn concerning 
the Land Bank : — 

THB ABTIOLB8 OF THB LABD BABK ABD OF THB 8ILTBB BABK. 

In the Calendar of the pt^iers and records relating to the Land 
Bank of 1740, in the Massachusetts ArchiTcs and Suffolk Court 
Files, which is now being printed by this Society, the second 
entry reads as follows: — 

««3 10S:i8. 10 March, 1739-40. 

Broadside. The Printed Scheme of the Land Bank. AaaouneiBg that 
tiae Committee will raceiTO anbacriptioos.'' * 

The third entry In the Calendar refers to the same Tolume in 
the Archives (102), psges 49-65, and the date is entered conjee* 
turally «« [Maroh, nSlMO].** The description reads, — 

** Part of Articles of SOtst Scheme and List of Sabscribera, headed 
by Edward Hatchinson. Tdtal Sabscriptioos Xli4,400 prt^posed to be 
reduced to £190,000." 

Entry No. S describes the preliminary call for subscriptions 
by those interested in the formation of the Land Bank. In <2ie 
communication to the Society on the sulqeot of this Bank, which 
was submitted in January, 1805, it was shown that the foan of 

I PobUoatiiNM, hr. t. 



S18 THB ooLonu. floonrr or lusuoHUinn. [Ana, '| 

the pnpowd noto deacribvd in Uiis Broadaide wn mmtoridly modi- .| 

fled before the notee wen pat into circulation bj tlte Lend Beak.' 

It wae erident that after the praliminaiy stepa were taken nnder 

the above mentioned Broadaida, then miut have been eonM inter* 

imwlintft appeal to the public for anpport befon the final stepa in 

lannching the Bank wen taken, Hw Uroadaide deaoribed in entiy 

Ho. 9 of the Calendar i> the onl/ preliminaij document of thia 

•orti oonneoted with this enterpriae, to be found in the ArchiTea. 

It aeema, bowflror, that the Direetora, after the oonaummation of 

their piaaa, did print and diatribute their perfected Sobemei for 

public infbnnaliaa and ai an appeal for tuj^Kirt. A oopj of thia 

doonment !■ to be found in the Libnrj of Congreaa. It ia in (olio, 

toot pogea in length, the size of the pagea being 14} by 9] incbea. 

With regard to the detaila of the organizatioB of the SUtw 
Bank, we an in one respect better off, namely, that we have in 
the docnment described in entiy No. 8 of the Calendar a fngmeat 
of the aetoal Artiolea of Aaaooiatian, Thia fmgment, howerer, ia 
pneticaUj all the information that the ArohlTes fnmish on thia 
point, so that, after all, we an not quite so well off aa in the oaaa 
of the I^nd Bank, ainoe the Broadaide, if it does not repnaent 
the <ffganicat)0o after adoptaon, does, at any nta, indicate the 
iidentiona of tits subaoribera. 

I am able now to supply these gi^ in the AiohiTes. In 1741, 
Fianklin entered npon one of his Tentures as a puUisber to which 
we ara indebted for the iaformation which enables me to aocom- 
jUA this. The Qencial Hagazine and Hiatorioal Chnmiele for 
all the Britiah Plantationa in Anterica had only a faaief existence, 
bat it waa long enaagfa to preserve the Artiolea of these two 
Soheaes, Hie Lenox Lifaniy is tbs foitanate poeeeesor of a 
aomplete file of this Magariae for the dx ntontha daring which it 
•orrind, fron iriiieh the eopiea wan made which I now offer 
to the Sooiety.i The Artiolea of the Silver Scheme ara not dated. 
Tba date of the pn^osed note, 1 Aagost, 1740, would, therefore, 
eonlnL The Artides of tite Land Bank wen adopted 8 Septe»> 
bsiV and tiw aeknowledgMat is dated 4 Deoember, 1740. 



316 T!'^' iow>MAi. «>currv of MAi<<?Acin:sirrn<. [Afrii, "J 

t1,i- pn-i'o- "1 mU- •Ic'xrriW) in tlij^ Binii'Ui>1e -aw mnttmlly mcx1L- } 

it MM4 nvi'k'nt llint nflor tliu [Tuliiiiiiaiy i>lq>.4 Wi-ri: tuk-n iiii<t>:r ^ 

tlic iils.vi! liMintioiiMl ItrfiH'Isiilr, thi-iv linisl iiiivo Inui sniiic iiiUr- ;i 

RK'iliiite ni'iit-o] to Uif [luUic f'»r hui'ImhI Iwfiir.i iliu litiiil RtujM in :j 

hunchin;; llw Uimk wen; tnkcn. 'Jlw UriKul-si.Iu ■icw^iil^-d in iriliy | 

No. 2 if llii! C.ilefii! i-i" i" tl"3 o'''j' I'rcli miliary itoini input I'f iMh ' 

wrt, coiiiK'clcd niii, liiii ciitiiqiriep, lo tie fdiiwl ill llic An-iiiviH. * 

It f'.vniN Iwwpvcr, irnt tii'i Dinvfure, tiflcr tlic cmimiinAlioii of 
tli.-ir |ii:iiw, '!M )■■ -It nn.l aintrilmlc tlicir iH-tf.rt..! Scln-im-, dr 
[)iili1ii! iiirmn,!'..-!! .iiiJ .ih :<n .iihimI {or iiii|)|Hirl. A copy of lliin 
.Wurm-nl -•' ■■, 'j.^ -". ;;il in l!io I.'itrtTiry o( Coi.^jn-sH. U ix in fi.lio, 
f';;ir I'vi-s in Irrr ■.., ■'.,■■ -i/n of tlifi |>.>gi« kill}; M.J I'V I'J inrlu-e. 
Wiih n-^.:-' I. ■-. !.-l.iiU .if 11i« c.rp.iiii7.Hlioii of tlio Silver 
ILiTik. <v .■■ ■ '• .:^-t l-UiT (.n", nnnioly. tl.;il wo liavc in 

til,' .li- 'J': ■ . ■ ■ ■■■.'■. N'-. ;i "f 111.' ('iiloinlnrn fmjiticnl ^ 

. of !►.-■« • ■.. \ ■ ■ . \ -. ■..,-.■.-. 'it.;-, ii.i-iu.lil. hmixvcr. in ; 

J.M ... ,... .11 '.:. .,/„tM..:T:i-. ll„» tiift Ar.-l.iv»;M fiinii^h ..n itiis ] 

j.'ir,:, .*.) li-il, ^ilK r .1,1, n-c .m- IH'I ■)"i!>- ■'< « ; il i.l' life ill tlic COSi! 

(.f l).c I^lii'I IS:-^k. -.. ■. rl... 1.-,. .1 ■.■.■. r Jl do.-H not r.-i>ri-sfiit ;' 

ill'! or^-niii?:!!! ■.! jiii^ i ■■ , .■■■,. il.i.-, ht nuy rate, in(lio:ili> llu' 

iiit<'iilions of iliff s»l<-nVi'«. 

] am iiMo now to supi-lj iIi>'Re grips in the .\r('hivea. In J7J1, 
Fraiiktiii eiilen><l ii|k>h oiio o( his venture-' ,-ts n puiilislier ti> nliirli '^ 

we are iii.ldiied f-r tlio info mint ion whicli cihMc. w !■ Mi'imi- ,^ 

plMi tlii». Tlw fieneml M^^',i,'.inr fli;.! H--( .;■. :.i ri.ioliicl,- for ! 

.;.'. ii..- Tlritish l*I;iiiii.ii..-ii i.i .\ . -r" i (,;„1 .,i,iy a hri.'f f\i!ii--nrp, .; 

(.■■: .t -..-,.. l.-.,. ,,.-. ' -, ;.^,-r'-.- [\- ArriH'-w .' li ■ :,- two '} 

' ■■ ■ ;■ - M ..-v ;m il,f f.-ri'T. ..,!■ of a ; 

! * >i .-:i-:i..- r.-ir Ih.^ ■> i- '. ■ !■■..: wliiph it •■ 

*■.. . i. ■-.:!: wi.i.h il.p .-.J.;.-.; .-.. . ■ 1, I now offer ,' 

IP til- NT.'^tv.^ '111.. Aiiu-: f ■' . .. - , u.o are not .Inl.-.l. 

Tli« -Lil'- of ill" [T. .;■■■!, "1 II -f. . 1 ■ . -■. i'. |-i, wonlil, l.licrofore, 

cmttiil. T!i- \<K ■ . ■->■ !%.■ ' >. ...,,. wiTP mlo].ii-.l 8 Scplem- . . 

I«r,«.ail...H.;., «:,,;^,„ V : ..., 1 DecmW, 1740. .■ ^^'^'^^' t-/^ 

' rnblicmi. n>. n u, i;. ' ' ' 

' Ti*w two iiii[Fij;n.i ^l.■-J^..■, •> i.- rrwrred (or pnbliration In VotumilT. 
oT DOT i'ubliealKiiMi. 



iCfm'^/-' .■^-■/.Ww«/.^i~^ '/ /&'«•*'-» 



wa] 



OOUSTT LAUD BAXX* 



tlT 



. 9HS X88IX OOUMTT LAUD BAVK. 

In Janiuuy, 189Ss I sabmitted a oommnnioation to this Sodeijt 
entitled Provincial Banks : Land and StlTexviniHiieh the following 
statement was made : -* 

** In E sse x County, a bank wss organised and a petitioa in its bshslf 
was presented to the Oenerai Court. This bank setaaUj preparsd lor 
circulation notes of snnU denominatioDS. The j were dated at Ipswioh, 
1 lfaj» 1741, end were pajaUe to the order of James Ereletfa, one third 
at the end of ererj fifth jear, in produce or manufactures.'* ' 

During a recent visit to the Lenox libnuy, I was showBt hgr 
Mr. Wilberf ofoe Eames, a vdlame containing mounted specimens 
of Cokmisl conency* Among them I found a noto of the Essex 
County Land Bank. ItisneatljengraTedandxeadsasfollawss-i* 



< 



THE BANK BILL 



> 



Two8hiUings 



(61Q 



WE JOINTLT and SEVERALLY, 



for our SMirMM and Pamtmmmm, promise 
to take this Bin as Oss XlOUi^ lawful 
Silrer Konej, at Six Shilliogs, and Eight Pence 
P^ Ouocs^ in sU PaTSMnts Trads and Busbess, 4 
for i^rocsr hi our TmeamumtwXw^j Thus, ft 
to pa J the same at that Esttmato on Demand, to 
fSU Janus S6clc4 or Order, hi the Fkoduce 
or Hanufaotaree eoumerated in our Scheme t as 
reconied in the County of Csso^s Becords, for Valae 
ree^ Dated at Irswicn, the First Day of May, 

1T41 

r r 

JovAiBAir HauL 

TSiam^l RosBBT CnoAin* 
I09^mmj j^^jjjj Bnoww. 




^Htmtitratt HI Iff 



tu 



coLOMiAi* •oasrr or icAfltAcmminB. [Ann, 



II will be obMnred Urni tbe proniM oa tbe &oe of this Note is 
to tdw tbe bUI at an J time, and to paj ii on denuttid, no lefeienoe 
being nade to the propoeed diatribntion of tbe ledemptiooa o?er 
ifteen jeaia, — one thifd at the end of eaeh Art jean. 

Hie PkisiDXHT then aaid : — 

Through the ooortesj of a ladj of this citj I am permitted to 
offer for tbe inflection of the Societj a manuscript sermon in the 
handwriting oi Cotton Mather. The manuscript eoren twelye 
eloselj written pages, six and a half hj throe and a half inches 
in aize, stitched together with white thread, probaUj contempo- 
nneoQs with the sermon. The writing is exceedin^j minute 
and not ess j to read. I baye been able to make out that the 
' ' *i taken fironi the Firrt Epistle of John, fifth chspteiv 



«If wt iwehe tht witaev of awa, tht witaev of God it 
tht witaeH sf Ged whidi ht kslk lattiMI «| Ut floa." 



Creatcr; lorlhiiis 



At the end of the sermon is the date, •• Boston, May 24, 1718,'* 
and the note, ^'preached, Boston, l^iay 20, ITia'* As Cotton 
Mather was bom on the twelfth of Maroh, 1662-68, tiiis sermon 
was written and pleached when he was aboat fiffy^re yeais of 
^fs. It does not appear to have been, printed. 

Mr. Datu mnmnnicated the following intelligenoe con- 
cmtng two local Historical Societies : — 



mi HATUHILL HUIOBIQAL SOCBTr. 

8ociet)r was ineorpomted 14 Jannarr, 1898. 



••TostlMlate biterest aad aid lesearob bi the histoiy of Hareriini 

Id n^ghberiag eoawanllies by the eoUectioo sad pteserratloa to some 
satebls^oe la tbe Qty of HawbUl, of soob maaiiscripts, doeomeots 
asaMaSoes and reHes as shall serve to ezpUto sod fllastrate erents aad 

the maaMr ofHfo la soeomlTe geaeratioas by aiding to tbe preserva- 
Hen of bnMb«i, aMaoaMats aod other objects of blitorio toterest aad 
I7 Mcb other aMsas as shall be deemed itUBg.** 



1808.] 



BBioiDina-osBnniAL joseph dwiohz. 



tl» 



THE OBAHOn HIBIORIGAL AKD AJKTIQUASIAJX SOOISrr. 

An organisation with this title was incorporated, 26 Janoaiy, 
1898, **For the collection and preservation of Historical Data and 
antiqoities UlostratiTe of tlie manner of life of the early settlers of 
the town." 

Mr. Charlbo Sxdowiok RAonacAinr made the fdlowing 
oommonication : — 

Mb. President, — I haTO bioaght with me this afternoon two 
docnments which I belicTe will interest the members. The first 
paper is the Commission of Brigadier-General Joseph Dwi^t, as 
Judge Adyocate during the Siege of Lonisboig. The original 
was lent to me by my kinsman, Alfred D. Fester, scm of the tote 
Judge Dwight Fester; Mr. Foster, like myself, being a lineal 
descendant of Joseph Dwight. My own line of deecent is thioogfa 
Judge Theodore Sedgwick, who married General Dwight*s dangb> 
ter Pamela. 

The name of Joseph Dwight is so well known in the histoiy of 
Massachusetts that it is unnecessary to do more than mention it in 
order to attract attention to this Commission. He was a descend- 
ant of John Dwight, of Dedham, one of theeariiest settleri of that 
town. General Dwight was bom in Brookfield, and became one of 
the first towyers in Worcester County, not only in point <rf time bat 
as regards profeisional standing. Later, he moved to Berkshire 
County, where he liyed the remainder of hto life, and where many 
of hii family, among thorn our assoctote, Henry Dwight Sedgwick, 
still reside. He was a Judge of several eourts at different timea. 

The intermediate htotory of thto Commiuion to unknown. Mr* 
Foster obtained it recently in New York City. It bears the signa* 
tures of Sir Peter Warren and Sir William Pepperrell, before whom 
General Dwight took the oath of office, as appears by the jurat on 
the leverBo side. Unfortunately the seal has been torn off. 

I have procured, and shall leave with the Soctoty, an excellent 
photograph of the document. I am sure that the memben will 
like to see also a photograph of the portrait of General Dwight^ 
painted, about 1765, by Blackburn. Thto picture to now in my 
house in Milton, and, as the photograph i4ainly shows, to in a fine 
state of preservation. The coloring to parttoulariy interesting: 



THB oaf/mfAT> aocmrr or MAiwAcinyapm [Arsn^ 

Tht IttI €< tbe ConuBkrioii It M follows : •-- 

Petbb Wabbkn Efq: ConmiMider In Chief ol «11 bis 
]lAJ€0^s Ships and VesMls employed, aiid lo be em- 

©plojed hi North America, lo the Northwud of CeroliM s 4e 
end 
WlLUAX PXPFEBBELL EeqT Lieo* General, and Gom- 
■umder in Chief of his majestjr's Troope, raised in Mew 
England, for an Expedition against the Fkench SettlemenU 
on the Island of Cape Breton: Ac 

To Joseph Dwiout Esq[ Greeting 
Whereas by the late happj Snooess of his Majest/s Arms, the Aeqnisi- 
tion of ths City, Portresses, and Fdrt of Loqisboorg, with the Territories 
and Forts adjacent, is msde lo his Majesty's Dominions : snd Wheress 
there are sereral Frisee now in tliis Harbour, taken from his Majesty's 
Enemiee, which hare Neceesaries on board, snitoMe for the Support of 
to MaJeity'B Snbjeets here; and Others msy be dayly expected. 
We do, therefore. Judging It for his Mi\|esty's Senrice, and the good of 
to Subjects, in the preeent Exigency, to appoint proper Officers, for 
the legal Tkyal, and Condemnation of said Prises; Constitute ft appofait 
you, ^ Confidence of your Loyalty, Integrity, and good AbOity) Judge 
of the CouH of Admiralty, for the port of Louisbo|irg, and Fbrts ad- 
jacent; Hereby wlUing and requiring Ton to take Cognisance of aU 
PHses that are or shall be brought bto ssid Ports; and cause Judg- 
ment rdatbg to same to be made, and Execution thereon done accoid- 
fag to Law, and Justlcs: snd generany to do and transsct all such 
Matters ss to your said Office do appertain. For which This shall be 
your sufficient Wsrrant Glren under our Hande and Seals, at Louis- 
booig, the twentyeth Day of June, In the Nineteenth Tear, of the 
Be^gnnf our Sorersign Lord, George the Second of Gieat Brittalut 
FkiMM and Ireland, ]Q«g Ac Annoq; Domini 174ft. 

P Wabubv, 
B J CowMBd of tlieir HoMuin. W" Ptomnu. 

June flf 1746. Hie Hon*|* Joeeph Dwight Esqf appeared 



aad look the Oaths nppointsd by Aot of paiUsmsnt Asnd snbsoribsd the 



P W 



di W" FwFuniXi 



n- 



> 



'< 



18M.] 



£BITBB OF XUZABKIH MONTAOV. 



tn 



The other paper is a copj of a letter written hj If is. EUsabeth 
Montagu to Mis. Mercj Warren, wife of General James Warren. 
Mrs. Montagu was an English aathoress of repute, whoee Essajon 
the Writings and Genius of Shakspear had called forth soma 
oonunendatory yeises by Mis. Warren,^ and in her gratitude for 
the appreciation of her book, thus exhibited, she wrote this letter. 
The handwriting of this paper is not known to me. The indoiM- 
ment states that the copy wae made for Judge Sedgwick. It came 
to me from among the papers of his youngest son, Charles Sedgwick, 
having been found in the Berkshire County Court House after his 
death. 

The letter is douUj inteiesttngt it rereals a desr aiq[N»ciation 
on the part of the writer of American lifo and charaeter as they 
were dcTcloped by the Rerolution; it also contains a Tcry happy 
and glowing tribute to the peiMnal character of Washington. 

PoaTMAK Squabs, hoixwnt, Apr. Sth 17SS. 

Deab Madam, — Though conscious of inability to express the gratitude 
I feel for the honour and favour you did me in sending me your Works, 
and the admiration and delight with whfeh I read them, yet I hare con- 
tinually regretted that I could not find any opportunity of returning my 
thanks lest you should ascribe my silence to stupid Insensibility. I am 
now happy that I can couvey my acknowledgments, so highly and so 
long doe, through hands which will give tiiem vahie by passbg through 
them; Mr. Jay, who, to our infinite regret, Is going back to America, 
promises to get my letter and my Essay on Sbakespear deUrered to 
you ; the partiality you hare espreesed for this little work, snd the dig- 
nity your praise has given to it, could only have enco ur ag e d me to the 
presumption of offering It to yon. 

When I sm about to speak of your compoeitkms, which, on every 
subject, display the almoet perfection and strength of genius. It Is dif- 
ficult to determine with wfaidi to begin. Personal Interest, I n d e ed, 
must make my apology if I advert to your Verses on the Essay on 
Sbakespear; and. Indeed, there cannot be a greater proof of the 
energy of talents than when It raleee insignificant Into c onss qn snes 
and snatches from oblivion what would otherwise have sunk Into H; 
all — all these obligatkms does my Essay owe to you. 



s FotsM^ Dramstie sad 
ttnee^ sddreeeed te Mis. Montsgi, sre 



Bosten, ITM^ ppb in, lit. 
dated F^jmsiith, 10 J^y, IIH. 



SSI THJt oounrui. MoctBtT or kamaoh d ucrn, [Arsn, 

UdpOBeM'i DoUcM porpoM,— torotett* GmfM md btawiwIlAc 
lk«a>f(^jo«liftTaliqipa7 effected In yoorDnnM) ud ereirpMaior 
jooia, Ml emj nbjeet, bw that tendeaqr and improTM the betrt wtiilo 
k ddiflili Ibe fau«iiMtioa, mmI the tute. How h»ppj ebouhl I be U 
•117 oppertuitj b*|»piiMd whleh would Intradaee me to the oonrenv 
tiM of bv wboM Writlnge I to mudi admire I Bat of thli I bare Uttle 
bope; 70a will md leave joar bappy ooontrj and I am too old to Tfait 
joo. If Bj age did not prahibit, I abonld be atrongi; tempted lo 
lidnlge MTaetf wHb tba nMat pleaahig of all ooolempUtioM,— aeeftig 
faanaB Tittae, bmna takiila aod bonaa bappineM Id a Totj blgb and 
atm b affio ri ag atate. la all tbeaa rireniMlaaoea, Rarope aeem* to 
deeliact aod Amcriea to riee ; In Tont Coanti7, the bigber daiiei baee 
■n tba qoalitlea and aceenplkluHola of the moat poliahed eodetj, and 
an Bot enerrated nor eocrapted hj Inznrj, or rendered friT<d«>aa bj 
baUla of Idle dbafpatten ; wttb joo patriotidi lentlmenU aainata and 
direct Ibe aoerglea of ambition ; indaatrjr aod aobrtety lead the lower 
mdera <rf Ibe peo^e to (be enjoyment of plea^ and peaee. 117 witbea 
to TieH ao bappj a ooontry aia etiU inoreaaed b7 m7 aeqaalntanoe witb 
Mr. Jay, wboae eonTeraaltoa (a Uw moat inatmctlTe and deK^itfal. and 
iriioaemaiuierBtbe Boat amiable that it la poaafble to coBcelTe. Ifbia 
eomtry eaanot apare him, at leut Indulge na wHh a viilt tnm hie 

I am afraid I bave alrcod; treepaaoed too long «■ tow time and 
patience ao I wU onl7 repeat nqr thanka to 700 for all jeor favore, and 
BOBorB 7M of 017 rfncare good wlabea for Toor health and han>tneaa, 
■ad tba ptoeperi^ of America, Ha glor7 aoooeaef oily eataUlahed by that 
Iratof HcfoeaandbeMof Hen, Ur.Waabii^loB. Whh tba Moat per- 
iMt raapeot and eeteem, I am, dear lladam, 

Tonr moat oU^ed, Obedient and 

gratefol Hnmble fiemn^ 

Eu^A HoaTAor. 



UnitodSlataa of America. 

Hr. Hesit H. Ede8 exhibited ui original paper purport- 
mg to be ft list of the Theses of the Commenoers at Har- 
Twd<ktUq[eiii 1663, ukl qx>ke m follows : — 

Uk. PmanHon;— At tb« Stated Ueeting of tbe Sodefy in 
Ibroli, 189T, I oo iwwn iniented nn original nnpaUiabed letter 
wiUtaa in 16M hj Hanty Dnnater, the flnt Fnsident of Ibmrd 






Hi 



18M.] 



HABTABD TRIiBI OF IMI. 



College. To-day I present for your eonsidenttioii eaoUier original 
onpablished pi^>er, dated Angnet, 1668, pertaining to the Col> 
lege daring the inonmbenej of Charles Chaonej, its seoond Presi- 
dent The document^ as yon will observe, is worn and faded, and 
in plaoes almost illegible, bat, with great diffiealty, it has been 
oompletely deciphered and pat in type. It has been in my posses 
sion for more than thirty years. 

The p^Mr now before as, whioh is written wholly in Latin and 
Oreek, purports to be a list of the Theses of the Commenoeis at 
the Commencement of 1668, and is beUered to be oniqae, no other 
copy having as yet been diMM>vered« The only known Usts of 
Theses bearing an eariier date are those of 1642 and 1648, both of 
which have been printed by Sibley in his Harvard Oradaates. 
The eaiiiest in the printed series in Qtm Hall is the list of 1687. 
There is, however, a copy of the Theses of 1676, a broadside, in 
the cabinet of the Massachasetts Historical Socidy. 

Saoh of the lists of Theses of the candidates for the Master*s 
degree prior to 1690 as have been preserved, will also be found im 
Mr. Sibley's pages.' 

Cotton Mather thas describes the proceedings at Commenoement 
in the seventeenth centory : — 

** When the Ck>m$iieneemmU arrived, which was formeriy the Second 
Tuefiay in Avg^/t^ but fince, the Flrft Wedne/Say in July; they that were 
to proceed Ba^ehn^ held their Ad publickly in Cambridge; whither 
the Mdgiftraiei and JtfSa^lert, and other Oentlemen then came, to pot 
Refpect upon their Exeroifes: And thefe Exereifes were befides an 
OraHoH oibally made by the Prtjkknt^ OroHimi both SahUaUny and 
VaUdkiary^ made by (bme or other of the Commencers, wherein aU 
P^i^finu and Orden of aoy fafliion than prefent, were Addrefled with 
proper CkHnplements, and Befleetioos were made on the moft Bemark- 
able Ooeorrents of the pneceeding Tear; and tbeie Orations were made 
not only In Laiin^ bat iometimes in Oredc and In Helnrem alio; and 
finne of them were in F«f^, and eveo in Ortds Verfe, as well as others 
In Profe. Bat the main Ezereiies were Difi^utaiSmu apon Quejlkm$f 
wherehi the ReJJMmdetdi firll nuMie their Tke/u: • • • In the Ctole of 

> See Miatsrettliig paper OB the Suhjeets lor llMter*a Degree In Hamu^ 
CoDifo from 1166 to 1701, hj the Be?«reiid Edward J. Toiiiig, D.D., In 1 
Prooeediiigi of the liiMirikmitti HIelorioal Society lor Jaae, 1880, Zflli. 
llt^lil. 



t24 



mm oQixxHiAL aoanrr of uABBAoauaam. [AFmn, 



Urn JHj, the Ftaefid6iit» with the ForoMlity of IMfrwiaf a Book into 
iWr Hands, gftTt thw their JTf^ /^toywc." > 

llaUier also aajs : — 

««At the CmameiMMMiil, it has beeo the Anooal Cnftoa for the 
Baiekelipn to pohtiOi a Sheet of Tksfim, pro virUi De/tndendm^ opon aU 
or aoft of the Liberal Arts; among which thej do» with a particalar 
Charaetcr, diitingaiai thole that are to be the 8abJecU of the Publiclc 
/'t^Mfellms theo before thesi ; and thoTe Tke/e$ the j dedicate as hand- 
kmeij aa thej eant to the Ferfoos of Qoalitj, but efpedaUj the 
••Jl^tlltlir of the FkoTinoe, whofe 9atroil«ie the CoUedffe woaM 
he reeoouMBded aato. The Me^fiere do, in an half fheet, without aa j 
DedieaUom^ pnblirh onlj the Qni^Umeepro Modmh dffimiiemdm^ which 
thej porpole either AOnBatlTelj or Negatirelj to mafaitain aa S^^m^ 
*»te> hi the D(/puiaiion$f which are bj them to be managed.*" 

It ia erident; from what wo find in the Magnalia and in SiUe/a 

Hanrard Grsdnates, that the List wo ara considering is not a liat 

oi Tbesea of the candidates for the Master's degree. The precise 

character of onr List, howerer, is yet to be determined. Of ita 

genoineness there can be no queation, but whether it ia a sober 

performance and records the order of exercises at Commencementi 

or a traTcstj, composed by one or more members of the Class of 

1W8 or by ondeigradoates ot another Class, is a point upon which 

I 6nd a difference of opinion among the scholars to whom I haye 

•hown the Latin and Greek text and the Engliah venion of it, 

which are now in your bands. The ^'particular chaiacter^ by 

which Mather telle iia it was costomaiy to diatingaish those propo- 

ai tions w hich were «« to be the snbjects of the pahlick diapntations,** 

b presomaUy fennd in oor manoscript in the croea pkced there 

Igr another hand, and written in a different ink. It ia indicated in 
IIm following pagea by an x. 

^ne Broadaido containing the Bacbetors' Theoea of 1670, already 

referred lis ia the fint I hare aeen in which a **partionlar charao- 

leiv** tnoii aa Mather nwntionB, is fonnd. It is a printed hand 

pboed at the left of the three tbeeea to be diapoted: two in 

Phyrfea andone in BtUca, which are printed in iMge italioa, the 

being printod in iteUea of a amaller aiia. 




aliQ^liikir.^lML • iW. leek I? . ^ UL 



18M.] 



HABTABD TRIiBI OW IMS. 



825 



f,'^ 



In the Broadaida of 1678, one tbeais in Technology and direo 
theses in Physioa are aimilarly. designated. 

In 1708, thirteen thesea are marked for disputation: one in 
Technok>gy, one in Logic, and eleven in Phyaica. The List ia 
printed in Roman type of ordinary aize, with the exception of theae 
thirteen theaea, ten of which are printed in italics of the same aizCf 
and three in yeiy large Roman capitala. Two ^particular charac- 
ters ** are used hi this List: a dagger, with its point towards the 
thesia, preceding the ten theses printed in italica, and a band, 
performing aimilar service in the cases of the three thesea (in 
Physics) which stand forth in Roman capitals.^ 

I have 4ot auoceeded in my endeavor to identify either the hand- 
writing or the authorship of this documenti which waa long in poa- 
aeesion of the Woodbridges of Connecticut If the paper ia a 
travesty, it is not unlikely that undeigraduatea of the Class of 
1664 — then members of the Junior Class — bad a band in ita 
compoaition. Among the memben of that Class were the Rev* 
erend John Woodbcidge,' of Killingworth (now Clinton) and 
Wethenfield, Connecticut^ and the Reverend Joaiab Flynt, of 
Doroheater, Massachuaetts, the father of Tutor Flynt Wood- 
bridge waa a grandson of Oovemor Thomaa Dudley, and couain* 
german, througb the Dudleys, of the Reverend Simon Bradstreet 
(H. C. 1660), of New London, Connecticuti who took hia Maa- 
ter'a degree in 1668, the date of the paper we are conaidering, 
both of whom may have contributed to thia performance. Wood* 
bridge waa also brother-in-law to Bradstreet, who married hia aia- 
ter Lucy, 2 October, 1667.* Of the memben of the Class of 1668» 

s Oar attoelate ICr. WiUiam CooUdge Laae, rysts the qaeetioa whether 
Mather^ a apw MJoB "pertioator eharMttr" did aoi rtferto tlit kind of ^|pe 
and ratlMT than te the eroii or the indes hMid* Mr* LMMalHiwfilMt«» 

"Hm Letia Ihl el thMta kifM el mmm tine le he MppleMMlM hf •• Bi^Wi 
'Oiderol RietriMi^'of wMehoer verUeH exanple itfor 17fl. Im thk ye&t the tme 
■ebftcli of the thetea 4lMlafcai»lMd bjr the poiatiaa head aad hf eoMll rape appealed ee 
the BagBeh Order of Bxerdeie aa 'dinpatatioae,' la which aeteral e ta d ta tt teek part. 
The theMB far ITft aie the iMt hi wUeh aaj dMactiea of ^rpe of this Uad is ande. 

laltie the broadside form eeaieeleaaead, aad hi Itll the faMedqaailehaaiai. The 
priatiaf of thesss oootiooee dowa la aad hMladba ItMl eiaee whteh tiaM the Oeaa> 

* Tha lU f ar aod TlaMtl^ Woodbridga (IL C 167iX loag a proadaaot fgare 
tn aeadaadai aealaalaalical, and potttieal oirolaa ia Coanaotieati waa a voaagir 
hfotharofJohaWoodbridgaefKilliafworth. 8aa aaia, p^ 77, 71 



V 



l<' 



\'^; 



t2S 



THX OOLOHIAL tOOIBTr OF 1CA88A0HU8ET18. [APBI^ 



Samoel Corbet, afterward the soboolmastor of Bristol, Moasacha- 
•etta, and the Reverend Benjamin Blakeman, of Stratford, Con- 
aeeticnti and other places, are the jmsons most likely to have 
been concerned in this nndertaking. 

Of all these alnmni, however, the one who seems to have been 
the best qualified for the anthorsliip of the Theses, or of manj of 
them, is the Reverend Josiah Fljrnt, notwithstanding the fact that 
the mannscript bears little or no resemblance to those specimens 
of his handwriting with which I have compared it, and, doubtless, 
was written bjr another hand* He was a nephew of President 
Hoar, whose sister liargeiy had married the Reverend Henij 
Flynt, of Brsintree, Massachusetts, the father of Josiah Fljrnt 
"Wliile in England, Dr. Hoar wrote to his nephew a pretty severe 
letter concerning his studies at Cambridge and the manner in 
iMch they should be pursued, which bears date 27 Match, 1661. 
If the young man piofited by his uncle*s advice, he was remaric* 
aUy well equipped to undertake the composition of such a paper 
as the one now before us. Here are some eztnM»ts from Dr. 
Hoards latter:— 

** Your account of the coutm of your studies, as now ordered, under 
the worthy Mr. Cbauucy, is far short of my desire; for its only of 
what you were then about; whereas it should have been a delbeation 
of your whole laetbod and authors, from your matricalatioD till couh 
meocement. Therefore I can still touch but upon a few generals for 
your directkm. The first is this, that you wonM not content yourself 
with doing that only, which yon are tasked to; nor to do that merely as 
mueh as needs must, and is expected of you; but daily eomethhig more 
than your taskt and that task, also, something better than ordinary. 
Thus, when the dssses study only logick or nature, you may spend some 
one or two spare hours in hmgnages, rbetorick, history, or mathematics, 
or the like. And when th^ recite only the text of an author, read you 
other of tin saoM subject, or some commentator upon It, at the 
time. Also, hi your aeeastomed dlsputatkms, do not satisfy your- 
ssif only to thieve an argument, but study the question beforehand, and, 
if possible, draw, hi a book on purpose, a summary of the arguments 
and answer on aU hands; unto whioh yon may briefly subjohi any thfaig 
eMee and aeeanle, wUeh yon have heaid hi the hall, upon the debste 
ofUfaipublie. 

•«Nextly. As yon BMst read araeh, that your head may be stored with 
so yen mast be 1^ and maeh in aU kfaids of dteoufse of what 



•» ■' 



I 

4' 



< i 



18M.] 



BABVABD THBSn OY IM. 



tST 



you resd, that your tongue may be apt to a good expresskm of what 
yon do understand. And further; of most things you most write too ; 
whereby you may render yourself exsct In Jndghig of what you hear or 
read; and faithful hi remembering of what you once have known. 

* * Fourthly — As to the authors you should distil into your paper books 
In general; let them not be such as are alresdy methodical, condse, and 
pithy as possible; for it would be but to transcribe them, which is very 
tedious and nncoutb ! rather keep such books by jrou, for hamediate peru- 
sal. Hot let them be such as are vdnminoos, intricate, and mors 
j^um; or else thoee traelab^Ui^ that touch only on some smaller tendrils 
of any science; especially, if they be books that yon do only borrow, or 
hire, to read. 

** Seventhly —One more quire you may take, and rule each leaf into 
four columns, and therein note, also alpbabetteally, all those curious 
criticisms, e^ymok)gies, and derivatkws, that you shall meet withal hi 
the English, Latin, Greek, and Hebrew tongues. I still mean, by the 
by, whfle you are eeeUng other matters; not which you may gather out 
of vocabuUries and critics, that hhve purposely written on sueh sub- 
Jeets, for that were but actum agtn. 

«« Eighthly— Be forward and frequent hi the use of all those thinge 
which 70U have resd, and which you have collected: judiciously nwukl- 
hig them up with others of your own fancy and memory, aecording to 
the piopoeed occasions; whether it be In the pennhig of epistles, ora- 
tions, theees or antitheses, or detcnainations upon a questkm, analysis 
of any part of an author, or fanitations of him, per m^wm geneeeo^ 
Fw so much only have yon profited hi your studies, as you are able to 
do these. And all the contemplatioas and collectiohs, in the world, wUI 
bntonly fityoufor these.— It isprsetioe, and only your own practice, 
that wiU be able to perfect you. My charge of your choice of company, 
I need not hiculcate ; nor I hope that for your constant use of the Lathi 
tongue in all your converse together, and that hi the pureet phraee of 
Terence and Fresmue" * 

Whatever the chuacter of this performance shall prove, in the 
and, to be, it is die first preserved effort of the Commenoem to en* 
tertain and amuse as well as to dispby their aoquirements in the 
arts, and thus marks an epoch. It reveals intelligenoe, wit. 



• The fan test of this letter 
CoBeeHoM^ vL lOO-lOfi. 



msy be resd la 1 



Hietorieal 



IHB OOLOMIAL •OdBIT OF JUa8A0HUWn& [Amo, 

briUiaaejaad BMtiirify of mind in ite anthor or MUbofi, 
and is oradiUOile alike to the atndenti of Chaonoj'a time and to 
their inetmeton* 

The tezbof this paper is ae follower^ 

Yim terq; qoaterq; Conclamaiiesimis omni Landie Gntdu 

majoribue. Quocunq; honoris ffaetigio 

enmndiat oaenuMlit, boaoraadls, probitatitq; omnigemB 

eelebrHate claresceDtibat. 
Ipei Ccsares mmJesUUis ricario 
IX loBAmn EHDMxmo eeteberrioue Mawthuseiteneii ColoBis 8alim|Mi 

megmleo, noa ralgariter Teoerabai 
mrfaa e^aef: ilea felieiterooojanetara N-Angte Cokmlart Fhetoribna. 
_^_ pifta 

flaiimo edebfaadli. EaniDdeBKB Sjnarchie dqUo dO honorif frada 

comQlandiSf oanmlatie. 

meMq: Be?erendia Eodeeiera Aagelia band Mqaieqal obaervmadk. 

Bert Aead ea ricarfl SpeeUtoribas apeoUtimfiiiia quori aeBeciA 

alet poaCeritaa Intaebitar sterniUa : ' 

o«il etiam Uterarfi forenU, literetortl f sTeati s 
(qaartt Namine aeenndaote aub PrmMe Cabou) Cbavmomkk 

8.8. Theol: Bae: In Col: Harvt 
▼irifl f brie «t veritatS propognent Leborea ezaatlabunt) 
laireaea In Artiboe Telitae dddQ> 



ONtterstpeaiiaiaq«>AnMtIaMfe OraameticA EpUoget ert Bbttorto 

mpmmtm mUnm. Ptologof. 

^AyPT" ** faii»ita,x pwporiMtki. 

^S^IS^J^'^*'^^'^"'**^ Bhrtorit •.! SopWrtid fwba dMHlo 

^manmm tm.x Terbe dm. 

rtonpto Artit BM orta BM oeeMi l^yttola T«IDii«tob tent Hn»rbolas 

w,T?!^, i „ ^ , . . • Cwm Sjneetlciu 

Mtamijtj^ Apodopedt art Eirtl^yie«i» Bbrto. 



ertAdJettls. 



ric«.X 



TbM Mm prateiMbly tte^ Oetham 



eTblleft at ftba and of ftba 



IMiaatlaa af ftba 



A I 



V ti 



C'A 



1*4 



1808.] 



HABVABD TBSan OY 1888. 



An a Katari originit potitor, Katua 

ab Alia aetioni petfooUTa paiitur. 
Katnra ait Artia aiamplari Aia Kate- 

nBaaMnpia.X 
Entia a primo aaiit ab aata prheo 
partieipia pnBtorIti, ifi m wik k 
Ittlari lamporla. 

Logiem. 

Loglea att retpeeta tpaelara IntaDa- 

gaodarfl Kamu opUens. 
InTantio ait iodina, Judiaia AigeoMO- 

tord Lapis Haradlua. 
finis eausarQ omnifl astprimSmobila. 
Materia est lomuB oaibadra» florma 

mataris Episoopas. 
EfioiaDs ast oompositi Arcbl t aotaa.X 
Unifarsalia sani ia sa jii^sirft ia la 

if^amtt AsterismL 
Species Ic Indiridoa aant proai^ 

fc senns ganeris* 
SttbstaaOa est Aoeidantia aai ^t juw P b 
Aeeideos comnuiia ast per toUi 

spheri substantiaHl planeta. 
Sabjeota est AdjunetoHl Bajolas. 
Ifajus Ic minus Eztonsiooem, magia 

Ic miubs IntensionI sonant. 
RalaU sunt Gemini contemporanei. 
Contraria Antoni a«nt| Disparate > 

PerioDeL 
Contradictoria tota mnndS diTidnnt 

k Imperant. 
Qnalltas est 8imilitndinis origo k 

dissimllitndinia Scatarigo. 
KaiurA proterS HysterS est cognittpna 

HysterS proterS. 
Dicbotomia est Logiea Anatomla. 
Avr^ % est ipsa diTini testimo&IJ 

.forma. 
SjUogismoa est triangnlQ eajos basis 

ast oooelusio. 
Lnmen conelnsionb Elidltnr et Elieiter 

as abaljba Ic silioa prmnlssara. 



Moaotoaiaast Bbatorlea'^ 
Castas ast Soadn panonatiob 

MnthtmnHfti t 

llatbssis est IntallaoMa Diadaaa. 
Aritbmetioa ast pmaipua 

Mathftmaticfl X 
Ciphrs dant quod non babeat. 
ffraetionea sunt nnitetia Aaafjalt 

Anatomiea.X 
Geomatrea ast Nebnlo Angalarla. 
linea Ic snperfieias aant prlnelpia 

Interna eoiporis TnB tf*f*^a ti fpi i X 
Basis est ffignra bypopodia. 
Astfonomia ast Corpora CnisstJt 

SoeletS in Intel]aeta.X 
Koa dantnr orbea disUaatl misi aav^ 



PUnetn sunt 8toU« isn, 8tell» is9 
aant paralyticM. 

n^^^w ^^^v^F ^v^B^M ^fv ^w^v ^#^^9a^^^^^^B^F ^baaaB^^^aa^^^^^^ve 

Tampot Mt Soboles motas aslastia* 

Sikiem. 

Etbicaast Tltlora Emplastrg eorraaMU 
Virtus ast Tiftloril azteaaMra Fko- 

genito. 
TirUis nesoU k ktitiidinf k dasll- 

nationi* 
Fbiis, Ic bontt, per sa aant parallala. 
Difes est Ampbiseltts. 
Honos est Ignis fatnos 

sequens sequenkes fugiens. 
8ali|^« est TiOora Synopsla. 
Homo Titiosns est Ceataama. 
Posito bono tamperamento Carpatia 

ponitur rirtus, Ic rice verdLX 
JLoL Lex Ic Grsz sunt partaSi Bip«b> 

lieam uiasHluenles. 



Fbjsiologus est oorporS 
Ic Natura dissaf or. 



KataraUf 



' Sea petit p. 833i asis. 

• In writing tbisword la tba origbud. tba serlba aaiplojsd tba BMdbml 
diaraators used la tba aiitaentb and safaatesatb esetarisa bj batb seritaasia 
and printefs to aipress tba Greek Mars ea and esb 

• SaerO^ BM^ hafa baaa iatsndad, bal tba ««d is pbOa^ writtea M%li 
intbaariglaal 



I , wj 



THX OOLOVIAL tOClBfl OF MAliAOHUlim'S* [AnuLi 



Katafft ert omU AoOonl KalwiOii 

Arwtriz ft RMtris. 
Ifstori* priais a QiitBl[ilf]Ato te- 




ffUnUm 

lleUwdut Ml Atoxfo Aatefonirta, ft 



Ml Jmmmi UagaaffC 
ft piyiotophorf IVo tfl l w Ut X 
OvthograpU* ft OrllMMipift AodllMi. 



OaHwilh (ipiid 
X 



ljti«a.X 
Fliiit ft ffmiit Mwl 4MI gmmk, 

11* 11* f l« fm Ml hikrk biM Vote. 
PmCamI h ifnlioaii iMlofa 



Skaeato tsnt eorporfi mislort liraiU* 

B«s a qao ft ad qoMfuX 
b EleiMntifit dater belld etrila. 
Aer fltt globi tarrtni Fmeardil. 
QmbtU forma ea qaAvIt natorii nft 

▼all natrimoaio eoojaagi. 
la aaiiaaatibtti aaio ai^ms et eoipofa 

flat Eorftlonaa. 
Plaata eti aaiiaaatit EabijiNU 
Qaaatitat ail El eawa lo r l coa lrari ori 

ia BiditiB Anaoainpiofoi. 
8(4 atl ignii^ aabia aaal plaTki 

Alembiei. 
Onab MOMM •xUrior ail ■ ■ w rit 

pomioas* 
BmanM inlanas atl oaudi ■pac i i f g 

MMibiUi XaoodoeUi. 
Honw art 



•anl Hyplna 



Spiritai aaioudM 

Aaioui latkmaUt ft aorporit. 
Capal ert inlallaolH Car 

Sdit. 



CSaoUhric NorssAnglUa: 
Qrfato Idte Ai^wli An* Hagni labiM MDCLXUI.* 

To te aaa wmui ceMrated, ezaltad abofa all praiaa; wortbj to bt 
•donad, ladaa and diatiafoiahad with ererj haight of honor; and 
flhMlriova thran^ thair repntalfcm for avaty kind of Thtoot [nuMlyf ] 

< This date, • Aagart* im% whieh fen oa Smidaj, do« not agiaa with 
thadataof CoBUBeaeeawntthatjaar.whiehoeearredao 11 Aagatl,— Ihataeaad 
Tnetdaj. (See p. SM, /ail.) Thit dieeiepaaej at to the data eaa be aooaanled 
iir by Mia n ilii f that tha aathor or aathofe iprgol that the Ideeol Aagart fell 
an the thirteenth M tha nMwth inrtead of tha ifleenth ae in Ja(j when, 
pababfyt oo in eo nei d e table part of thb paper wae written. 

• I aai indebted la anr aeioeiata Prof caeor Oearge Lynum Kittradga, and 
la Mr. WiUiaa P. Uphaai for fahttble enoirtioni and aid in uMking thie 
Farthennaf% withoni Mr. Uphaai*t expert aMietanee, it woald 
la ptete al in type a eoniple to degi p he f e nt of tha 
•I wUoh n phalofiavarid faeiiMili la heiawith 



1808.] 



HABTABD THBBM OF IM* 



Ul 



I - 



' 'i 



1. H 



i^ » 



To Uw FepwM0UtiTa of ImperU lfaj«^, Mr. Jora Bitoooti, tU 
Mgnat ud mMt yenermbU Fotmtato of the OMMt tuuom Colwy of 

Maaaaohuaettat ^ 

T^ tha Guramora alao of aaoh ona of tha hnppfly Unltad Colonies of 

Naw England, to whom tha highaal tribute of reapact ia dna, nnd 

To the Aaaiatanta theiaof, who aboold be and nra lo|4ad with araiy 

dagraa of honor, . . ^^ 

To tha Taiy Bararaad Minial«» of the Chnrohea, alwaja to ba dnti- 

f ally obaanrad, 

To tha moat diatingoiahad Ora ra aa r aof the Unifaraity wfaoaa mHiory 

poatarity ahaU obariah and atcmity preaanra, and, finally. 
To evaiy friend of Litaratora nod patron of man of lattara, 
Thaaa Tbaaaa (tha truth of which, with the Help of tha Deity, nndar 

tbopfwidenoyofCHARLuCHAtmcrtS. &Tbaol:BnoiiiiColt Hanr:, 

they will, iooordlDg to their poor nbiUUett labor to the itmotl to 

mniotain) 
Tha yoathf ol Skifmftihan in tho Arta proMOt^ drroU nnd dadioati. 



Tktm T§eknoiogietd. 

The eieatare it a mirror in whieh 
Art b the Image of etemel wiedom. 

Being hath both a departure from the 
infinite and a progrem into the 

infioite.X 
The Eneyclopedia it the Sphere (the 

whole round) of Rational AetiTity.X 
The preoepte of Art know neitbtf 

rising nor letting. 
Ketaie is the Karee of Art ; Art it the 

Handmaid of Nature. 
Art derifes its origin from Nature; 
Nataieezperienempsrfeotingaelion 

from Art 
Kataie is the POIeni for Art, Art a 

sample (spedmen) of Nalnra.X 
Primal Essenees ere, from the Ugbv 

ning, partaken of the pest, the 

present and the future. 

Legie, with respeet to the P s r ee pH en 
of ideee, is the Opiio Nenre. 

iBfwition is the mine, Judgmsnl the 
Lodeetone of Argumente. 

Thennal CanMis thaprimam awbila 
ef aUCaasee. 



ntm iWiHr^iwr 
The Epik»gne of Grammar is the Pkw- 

togne of Rhetorie. 
Bhetorie is the elothing in pniple of 

Beasoning and Oratory. 
It is [the part] of the Sophistieal 

Bhetorieiaa to deeeita by the use 

of words. 
Systole or Diastole is tha eAsisnl 

cause of Hyperbole. 
Apoetopesis is a Bhslerieal Ent^ 

menie.X 
Monotony is Bhetorie withani [the 

riiythm of] the Mnee. 

Gestuia is the i mpia sona H ea af Pw- 



Ifefifnerfref 

is the Diadsm af tha 

Intelleet 
ArithmeOo is the prinelpal Toal ef 

Mathemeties.X 
(Jiphsrs giire what th^ have net 

Fraetions ars the Analoasical Analy- 
sis ef Uaity.X 
The Qeoeaeter is an Angular Wialoh. 

Use and Surfaee ers the filali af the 
bodtj.X 



THX OOLOXIAL SOCIOT OF 1CA88A0HU8ETT8. [Apftu; 



Ibtltr k tW Wliop% tlvoM of fomi 

Tte EfieiMii C«ue if tbt Arehiteel 

of the eMBpoiit6.x 
Ihitemlt am Uttlt Stan, In Umbi- 

•ehrM.cTsr shining Imi lariiiblt in 

tka (cooeveto) Ihinf . 
ifteknutd lodiridiiak tie boUi ftiM 

•loek tad tW oCfprinf of GeiMM. 
fclMtMwt b tW catmTiimry of AmI- 



Acddeai fai faoeiml It a pkaH-wMi- 
derar tkip^ tho whoto taoft of 



The Bom k the Ibotttool of the ignio. 
AstroDoiii J it a Skeleton of the Celea> 

tial Dodke within the InteUeot.X 
Deflned orbe (the spberee of tho 

Ptolemaie attronomj) esiiet oolj 

in the mind of aian.* 
The Planets are the ixed Start; 

Fixed Start are paral jtiot. 
The San it the Oeneraliitimo of the 

eelettial army. 
Time it the Olbprlng of otitttial ■•- 



The Snbjtel it tht Ptrler of Attri- 



Gfoaler and latter aigniff Eitentlon; 

■MM and ItM tigiHf/ Intenni^. 
Bffttttni thinjt are oen t tBHwifary 



Contnrietaro JnfMf;* Diiirtnttaro 



Ctnlradktoritt dliida and Bnlt tha 

whole world. 
Qnality It the origin of SimiUtnde 

and tha Fonntain of dittimilitade. 
What in natnrt It Fnterom UgtUrm 

it In oognitlon HptUrtm Prwitmm. 
JMdUCMNt it LoglcalDiaaeetion. 
AMf % b tha W7 lonn of dhrino 



Ethlet it n corrotlve natter for Ticet. 
Virtue (the mean) It the Daughter of 

the rket, which are the extremet. 
Tirtne knowt neither Latitude nor 

Deefinatkm. 
Tha End and tha Good are j»tr m 

parallelt. 
The Rich Uan b Amphiteint.i 
Honor it an Jgnit fatuut purMing 

thote tlial flee and Seeing thote thai 



[• ]«ltthe8jnopaitof rieta. 

The rieiout ilan it a Centaur. 
Granted a good temperament of Bodj» 

▼irtue f jkiwa, and riot ▼erta.X 
King. Law, and People art tht parte 

oonttitnting a State. 



< Ianiind8bltilothtHon.WiUlamEfertUfertheitUowfagnote;— 

i mw^ittim art Oieek wonb, Moagiag to the theoietical 

ef fcnntr dtft^ Awimti art then who live ie aao llur polar heoUapliere Iwt 

in aa e^neSj n m n l ietei (■■atli) hnUaJt. Ptrima are thoM who 

vaj iona4 the glebe. Amj^dmrnt Is mM ef a dwelltr ia the 

hie litiwr heth wmye. I Xt f m mim ev Wetl y hee a peculiar nwaaiag; 

le the adMlMlle legle er fheletie. In dtnlcal Latia» It oMaae the mme ta 



* See Thtttt of 1SI9: UMUCAt, 1, — UwhtndkL nen tunf tKrt hidUthm; 
rvTMCAai 11, '^Nm dmthtr erltf In eaCe. (I P fcoeeedlngt of tht MaaH^ 

Hltlarieal Sotltlgr far Mnnh, 1860^ I?. U% 44l| SUdij'a Harvard 
L1S,9S.) 

* oee M. neeee ok loee z ktwrs, s, *■* nwrntr ivyvfiNw yvps, ^w^twttmM ffpywiur. 
(1 ffkimiiiiHgi of the MawarfinwMi Hirtorftoal Sotlelgr for Maiilw 1810, 1?. 

BBBf 999tKjm ilUrmrB UCBBBBSSBy !• • B./ 



fi' 



P, 
[•'( 



18M.] 



HABTABD TfnBUS OF 1M« 



SM 



The SyOogltm it n triangia of whkh 

the Base is the Conclusion. 
The Spark of the Conclusion It Stmek 

out and Drawn out from tha Steel 
and Flint of the prtmitet. 
The Dilemma it n ftnowout Atsphlt. 

b«oa.X . . 

Sophittry It tha DIsplajing of Aign- 

mentt for Sale. 
Method it the AntagonWt of Wtofder 

and the marthaUIng of tha body of 



Grammar It tha Door of ^»««f«« 
and the Primary School of Phikieo- 

phert.X -_ • 

Orthography and Orthoepy aro Band- 

BUkident to Grammar. 
The four Guttural Letttft (wHh tha 

Hebcewt) art lntefdiangeable.X 
Etymology it the Ana(ytieal faaeturo 

ofwordt.X . ^ w*i I 

FInit and Funia art of doubtful 

fltnotr. 
Ha Ha He It n wall-known azpraa* 

tlon of hilarity. 
The FM It the Agent of iBTMitkM. 



P&flt&nL 

The Student of Natural Sdenee It 
the ripper^ of Natural Bodiet 
and of Nature. 

Nature It the Guido and Govufnor of 

all Natural Aotlont. 

Primal Matter wat 

Quantity. . 

The Elemantt aro tha IwBilauf a fuo 

and orf futai of eompoundt.X 
In boditt eompoeed of tha E ls m tn t i 

there existt a dril war. 
The atmosphere It the Plarfteardiua 

of the terrestrial globe. 
Erery form wlU not Join In matrl- 

Bony with rrery materiaL 
In living beings the union of Soul 

with Body oonaHtulet thtir (dia* 

tIneUre] form. 
The Plaot it tha Embryon of tha 

AnImaL 
Quantity la tha Ameump$irm\9i 

contrary ElemenU in eompounda. 
The Sun it Srt; tht okMMit art tha 

Taport of an Alembit. 
Every extnmal tenta it a llettangtr 

of Stale. 
The Inner ttMa it tha Caravanaaiy af 

all pero^ble phenousena. 
Man fa tha oo ntt e l latad ytradii af aU 

balngt. 
The Animal SpMtt aro tha Hyphen 
between tha laftkmal aoul and tha 

body. 
The Head ia tha Throne of tha lBttl» 

laati tha Hearty of tha wUL 



x^^bridga In Ntw EoglMd t 
Tht ftftk of tha Mat of A-gotl la tht ytw of tht 0ml J«bOtt» 

lees. 



|> itafdlt tr tt F td itt ittifittt l alt rtto 



SS4 



TH« COWnAL flOOOTr OF MAMAGHUSBTTS. (Afme, 



HOTE. 

^ J**^*^ ** °*'^*^ ^ '****" 1 ili^ lid of the DBdicttiea U ^ Crn^ 
••MmMBi Fngnrntm dtmn lo the jMr 1 781 wm te from milonn. 

In m% M Men were vsed, tiie Dedieatioii of thai im FhigiMM 
miaf with the wordi «iriQBnf t^mfiermdfmt im mrHkm Ubtnlikm MMetf 

III 1641, we iad - IK D. IK le «rt<h» «Wn«w Wto,^ 

I« mo aiia l«7a,Uie lettereaD. Da-tU eeiiie Ihateie loiiadi. « 
•«»--weie «sed» Iwl do period it pleeed efter the tbifd D wlueh le cloee to 
ine I]. 

!■ 1687, ttie Corm ie extended lo L. M. D. D. D. a 
In 1708^ the lettere M. D. C. Q. appeer. 

In mi, ODlj tluee letten weie Med, -. D. D. D. 

In 1717, mMTSt, 1735-1737, end 1790, tJie nee of dx IbOm wis nenmed 
nndiieindUlf.D.D.C.Q. ■« ««« wne wiwnea. 

In 1761, the form wet eontraeted to D. D. C. Q. 

In 1763-1738, 1767-1743, there w«i e retnni to the form L. M. D. D. C Q. 

In 1746-1781, 1786-1788, 1788-1776, 1778-1780, mf^kL^Jn^^Z 
»iofi<t— L^II.D.D.C.C.Q. 

^ I781,jettefi wein dieeaided end ammttim JkHomu tippmn in their 
«»d. TU Ibmi wie need down to 1888, when the «e of en entitelT sew 
•onenln b^ne in which the distingniehing verb ie /nr Jteaf 

g; wtone nneoceeirfei .Hempte which hete been nede to interpret the 
«-!I'm!r^ *'i ft«grwn«ee before 1781. Onr eemiete Mr. William 
^inil^meen (H. C. 1888), hat eiegeeled the foOowinf interpolation of 
the mjUc-loneletteii, which ie both eicelknt and leaeonal*^ Ud inT 
nilii a better lenderiiig ia oCered for theeoneiderationof eehofam:— 

I8a Dmm dmnf Mtomf. 

1878 Dmm dkmii iedkmniqm, 

li67 Ziteeiit mtnU di ^^ 

1988 ifcnito ^iMaf cml 

1711 Z^HNMl ^iemc iWMMf. 

1717 

1711 

178t 

17a 



dtetmt 



M^ Ikt. of theee bfoadridee, dated befow the BorohO^ 
ttMVK and ?alne:«-> '"* 



£ESHS5£r£i!^«5^\a\a\'^^ 



1888.] 



HAEVABD THIBB8 OF 1886. 



885 



i* 



• ^ • I* 

■ s. 

.4 



r 

i i 

.n ■ % 



i 






V 






Tta AtmaiOAir AimouABtAir Socibtt hac copice lor the yean 171^ 1711; 1710; 
1718-1717, 1790-1711. 1717-1751, 1751-17Ae, 17M-I7ei, 17<1-1771. 

Tna MAMAcaoMTTt HieroKiOAL Sooibtt hae copice lor the yean 1841; I8«7, 
1870, li71, 1701. 1711, 1717, 1718-1711, 1741, 1711, 1711, 1717, 1711, IHl. 

Talb UxiTBBaiTT LiaBAaT ban copiM-for the jmn 1714, 1751; aed 1711 calf. 
The libtafT dow act owe the bcoaiWdee com hi the paiii wl oe of Pr a rid oa l StilM; 
aaawly, thoM ibr the jmn 1170, 1711, 1711, 1741, 17M, 17M; 1711; 17M^ 1711, 1711, 
in+, 1777-1771, 1711, 1711, aotwithftaadlag the folkmiag eatiy hi hie Dtaiy:— -I 
have fowid it vtfj difficalt te leeorer the jrriiiled Tkmt, 4 Celelofefi. Hoveter, I 
have sacceeded la eoUeetiog tbsM which 1 have depoaited wkh the Ceihge Aithivw * 
(SUlM'a Diaiy, iL 144, Ml; UL 11, 40). 

The Rmbx laanTOTB haa Boae eariier thaa that for 1710. 

AenrionenUetekeooenrredinprintinf theTheaeeof 1781. InioaM;lfno4 
all, of the impreBiiona the date ia printed MDCCXU, while the liat of nanMa ie 
that of the Claee of 1781, and the Dedicetion ie to Governor Bernard. One 
eneh imprecaion ia owned by tlie Amcfioan Antiqaarian Sodetj, and another 
1^ the Bocton Atbenmini, which owna no other orifinal broadiide eontaininf 
aiqr of the Uarrard Theaee prior to the Revolotion. 

lam indebted to the Librariane of the above-named imti tn U one tor theee 
lieta or for the opportanitj to make them, eqieefaU^ lo Mr. Lane and Mr. Baiw 
ton who have been nntiring in their helpf aln e m 

Mr. Johk Noblb spoke as foHows : — 

Tbors 8eeiD8 to be no leeson to doobi thnt thin is a getraine, 
original manoseript of the date which it boars; bot is it an 
anthentie set of Thesis for a Harrard ConinienoeBisnt» dnlj 
drawn up and approred, or is it a bvrlesqae or tiaTestj of sndi a 
programme, skilfnilj got np bjr some ingenioos, sohdarijt fan- 
loving students,— a snooossfal, eren brilliant satire? The latter 
conclusion seems almost irresistible upon the oolj eridenoe we 
have, — internal evidence* In form and genernl features, the 
document satisfies either condition ; in tone and effect, only one. 
Taken as a whole, a rollicking, exaggerated, startling, original, 
unlicensed air runs through the paper, every device being resorted 
to and every art employed to secure tJie effect apparently desired. 
There is a running fire of puns, antitheses, alliterations, curious 
collocations of words, ingenious similarities of sound and form, 
strsnge juxtspomtions ci expressioas and ideas, suggestive anal- 
ogies, unexpected turns and applications, odd contrasts, paradoxes, 
and conceits, from beginning to end. It is all a blase of Itteraiy 
and scholastic pyrotechnics. 

Whatever may be said of the Latin of the old Puritan worthies, 
it was usually good aeoording to their ligl^ and to the scholaiw 









;• 



SS6 THX 0(nx>iriAL flOGnrr or luasA CHUsari ' s , [Aiwt, 

ship of a time before the deje ci Oemiaii philologj,— eober, 
qaftint perhape» etiltedt bat more or lees severe, sod with a sort 
of theokgicsl or eoclesiasticsl flavor. Here everything is exnber- 
aat» fresh, uotnmmelled, frolicsome. ▲ Greek strain is in it aU; 
words are ingemooslj adopted, combined, and coined,— Latin- 
ised Greeks some of them msj be called,— sod both Ungnsges 
ars dhiwn npon snccessivelj and conjoinUj, while brsins as well 
as lexicons ars ransacked for effective material. 

The Dedication has the usual form and external features, but hy 
M means the usual character and air. There is a strain of 
mockery, a piling up of strange adjectives, a tone sareastio and 
inmioal ratiier than decorous and deferential. The nouns and 
terms are out of the common course and a latent humor or satiio 
Is evident in the selection of them. SatraptM appears in place of 
<7«fonMl#r, — the titie from 1642 down to the time of the better 
acholanhip of our late honored associate Professor Lane. Its use 
seems to have been rather a daring reflection upon their Governor, 
his charscter and ways, in its Oriental suggestions, — not lessened 
hy the description, iiea wutgorUer wenerabUi, in which, with its 
double sense, seems to lurk a covert sarcasm, not brought out, or 
oven wholly lost, in the rendering of the transhition, however 
oorrect that might be if the whole thing were sober. Even then, a 
qoestaoo might arise on vulgarker. Fngt^ribut is a deviation from 
oommon usage, and Sptdatorihui^ evidentiy selected for the sake 
of y si Tsfi ii imfi, which foUows it, takes the pkoe of the time- 
honored Im$p€€Uribu9. Sgnarehii is a literal and neat rendering 
of Assistants, bat tiie term Mdgi9iratu9 is tiiat oidinarily used in 
the formal titie, in court records and legisUtive phrase. Anp$ii$^ 
as applied to tiie Reverend Cleigy, in view of some piovalent 
Mlions as to tiieir temper, suggests a possible slur. Familiarity 
with the Apocalypse,! however, may have led to its use in phm of 
the. VenmmdU Baiulmrwm Ptuionbui found in some 0edica» 
tioos; and this witiiout regard to tiie controverted question as to 
the use of the term. Vumn$ seems a word not likely to be 

applied lo the Lord by a Puritan, even if he shrank from the iW 
99iMi$ of the Utnigy. It is found, however, in a later pro* 

(17M)q«alified by a saving adjective,— DMm. Osso- 



>ns 



sfRMa,|.l,%ll^ll|litl,7,l4. 



18M.] 



BAETABD THBSn OF lOOS. 



8ST 



r$m MqfeiUttii has something in it of an audacious slap at the 
reigning monarch, and the Governor does not escape in the 
VMam. The Honorable and Reverend Overseers have a promise 
of more than earthly fome and immortality, whioh can hardly 
escape the suspicion of irony. VdiUt takes the place of the 
invariable A4M$$C9nU$f — a most felicitous, suggestive, and wit^ 
substitution. 

As a few instanoes of the verbal devioes and artifices before' 
mentioned, may be taken % 0mandi$f an^rmnditf h^nwrtmdU ; ss^ 
MtaU €tar§9e$nUbu$ ; mugalmo; 0umuUndi$^ wmulatU; UUrmrii 
f$v4nii^ UtertiUrA/dv^nti; ixmUlabmU; and, in the Theses follow- 
ing, ^rij^imii petUmt . • . tuU§nd • • . patUmr; ^tftumh in re 
^k^AMit; didkur §t eUcUwr; virtuMf f vms V€r9M; Rex Ln f 
Qr4x. Many others occur, too obvious to need enumeration. 

Strong as is the evidence afforded by the Dedication, that to be 
found in the structure and subjects of the Theses themselves 
seems even more convincing. Here are the same general char* 
aoteristios already described. In addition, there are many new 
features. There is a much wider field for literary and scholarly 
gymnastics, and it is fully occupied. There is greater opportunity 
afforded for the display of curious scholarship, out-of-the-way 
learning, &u>fetched fancies, wit, humor, laborious researeh, skil- 
ful contrivance, and intellectual ingenuity, and it is fully em* 
braced. There is a masteriy array of definitions in some of the 
subjects proposed for discussion, and most of the proposi t ions are 
exceedingly felicitous in conception and expression. Queer an* 
alogics, original illustrations, ingenious and surprising sugges- 
tions, strangely-contorted uses of words and ideas, quips, jokes, 
sa r oasms, eonceits,— >all run through it from start to finish. The 
entire List is a work of art of very considerable brilliancy, quite 
unlike the conventional, authentio programme, although there 
occasionally comes in some oommonidace proposition for discussion 
to give the whole anahr <rf verisimilitude. Each sul^ject well jus- 
tifies discussion, and demands a pamgraph to itself; each is full of 
suggestions and bristies with distinctive points; each, on varying 
and independent grounds, supplies an argument To undertakot 
however, to give specific points, or to name peculiarly striking 
psssages, would, of necessity, end in the repetition oi almost the 
entire Usti which oan well enough be left to spesk for itsslt. 






SS8 TOB ooLomAi. aocrerr or MABaAUBUSH'is. [Awn, 

•n. InmUtimi forai-hrf It «■■• Kd» I"""* ™«llei>ti M««l. 
tt i, «, good tl»t it »°>, «>n>.U»», to T«l .l.™i.u~, "»1 
,i„„i™^l, to to. . point tk.« po-iUr li»l» i» «■• lip"'- 
^iTjIt. it Ih. eonol-loo (omUlw. •» »ldlt.oi»l ugooMOt for 
. ,,.ont»tioo.ondoo..l 0.1iUl.I»n«. Tl«, tori fixe. . diff.r- 
Jt d.T too. tl»l oo whld. th. Comm.nci.n.nltookpl«.i .04 
a«r. ill, it .»1» it Sood.,, - jo.t tk. «>rt ol d.™. I.k.l7 to 
b. ibood la . t»™tr,— d.lib.n>t. infot «d oot . m.Ul.. 
S»i .. »pl~«tion «.». mo- P»1»W "^ Ita .|.ppo..t.o» 
Lt ll>«o wSoMooco. 1. . p.p.r » o».Iollr "J Ubonoo.ll «d 
l,,m«U7 oon.tra.t«l > Uoodor ol (org.tfolno» or ol .Bno|«i«o. 

k.™ n«ol»d. - th. otanotor ol Ito .objciOU tod«»lri bj Ih. cro« 
«tl««.tob.th.«ibi~l.(orpoUiodi«».ioOi bot .T.o Iba i«.J 
1. «» ol th. d.»»» sorted K. ». port of th. ~J.»J_ 

II tU. »«io«iipt 1. th. .olhooUo piogT.niin« lor tb« <^<'V*S* 
Comn»n<io»»it ol MM it. ».lo. "«f 'ol«".t "• ob»ioo. i ■! .lb. 
Ih. tr.T«t, ol it, both «. .tm g-Mn b~»». .t » ">uj«t J" 
imooit»o.,bow.T.r,do» not U. io thi. (am.o»ttno«, bot .o otM 
^.ouij direotioo.: it thra« ligbt oo lb. oo«d.uoo ol th. 
CoUbb, ad tb. rtu«l~l ollh.rfoo.lion».dt«in.nglb.oB...ni 
™litjiT»«m«indic.tiooollh.eit.ot~«i .b.~otor ol du....! 

tfuiolal. ."OOS lb. ■'•'f."" ■' "" """• "' '"^ f"!;'^ 
JiUlj .od toilitj io bMdUog tb. two Ungooja, urf o 'bW tto.r 
««ii»w»«ioyuioo.din.lioo.. Il.bomJ«>»™iol»~fod 

fog™, i. ™*pb,.i«u .p«..ution. It r^ 'r,"^;,'^";*: 

Lboit tb. .obi«>t. io wbiob tfudaob w.r. mtorortod, ft«r t«m ol 
thoooU, ».d to dit^Soii «Hl .itont ol tb.ir M»roh». It 
hioront, too, .bt ™ th«. oo. ol tb. bo^b ooooo. ol Ion 
udbuonci ii™T«l.lh»f»P«.itJoldoigo««l.i~oJoo, ud 
.(Old. Km, itnght ioto tb. rtudtot bnmra ortoi. ol lb. »T.n- 
to.Dtl> «.t«.T. It b« . ~rti»n int.™.t .gun " tanpog out 

Si„i„, to Li ~.t~a Witt iimii" """p" •' ^' '^i*;^ 

«, ooA™ .-..liKl . Hor^d n«i. ol tb. old Mook P«» «.d ol 
«», rf ft. dirtii»ti™ Utomtoi. ol oillog. ~«i "tab ofuim 
uidDuni. Itl.M«.o»thlogo»tb.I»oiliu'.o»llof th.l.o.p 
»rf STgridin.". TUi™ dl in Jl lb. doeoo»nt, irb«.T.t J 



IM..] 



HABTABD TmSB OT IMI. 



an 



Id 13u> diMOMioD ol the ounoMript wbicb Ur. EdM bu facoogbt 
to oor ottontion, no .ttompt bu been nud. to bdu np .11 th. 
nun; point, wbiob nugbt bOT. boon Mnud.rad, opaning np, in 
tbeir nomber u.d ruiety, in M. dmoit Mofooing M.d dUcoonging 
.n«r, bnt onlj to tooeb opon . low, bsn uid tiiuro, M illoatntlT., 
In diffeient woj., ol tb. cbuMtw of th. pqwr Mul M iMdii.g to 
tb. raDclDw>n .t whioh I hor. uiiTod. 



The poper wu farther disonand hy nuny of the memben. 

Mr. Abksr C. Goodxll exprened the opinion that it 
wu » travesty or barlew]ue written by wme of the Com- 
menoer. or usdorgraduatos. 

Mil Hehrt Wiluaxs inclined to the view that the paper 
wae a uriou. performanoe and renurked upon ito exceUenoe 
and epigrammatio rtyle. 

Mb. Geoboe Lthak Kittbedgb nid he had not uen the 
Latin text before teaching tlie Hall, but that, while he 
remrved his opinion upon the precise character of the paper 
until he should have had time to study it, the doctiment re- 
called vividly to his mind Milton's Comic Oration at the 
English Cambridge, — a performanoe whidi Hilton deemed 
worthy of preservation iu his printed works. He further 
remarked that it would be iutei«eting to know if a practice 
similar to that which was common at the English universi- 
ties in Milton's time obtained at Harvard College, and if 
these Theses of 166S afforded evidence of it. 

Mb. Javbs Bbadlst Thatib, who was umtble to be 
present, sent for the inspection of the member* a printed 
oopy of the Theses of 1810. 

Mr. Edbb exhibited a perfect copy of Israel Chaoncy's 
Almanac for 1663, which gives the dato of Commencement 
at Harvard College that year as Tuesday, 11 AugnsL This 
pamphlet, k>ng in Mr. Edes's possession, was legaided hj 
the Ute John Langdou Sihley aa unique. It is peculiarly 
interestiag from the fact that H bean upon the title- 



$40 



THB OOLOmAL tOOIBTT OF MAMACHUSmt. [APML, 



page the autograph ^ JooaUun Mitchell ix dono AuthorU 
lfebr23."» 

Mr. EoBS alio exhibited the original Third Writ of Quo 
Warranto against the Connecticut Charter and the original 
Search Warrant for the apprehension in Connecticut of the 
Begiddes Goffe and Whallejr.' 

Mr. BoBERT N. TOPPAX commented upon these documents 
and upon the First and Second Writs, drawing attention to 
certain discrepancies in the dates.* 

HcKBEBT Baxtbr Adaxs, LL.D., of Johns Hopkins Uni- 
Ternty, the Hon. Horace Davis, LLJ)., of San Francisco, 
California, Wilberforcb Eaiies, A.M., of the Lenox Library, 
and the Ber. Wiluax Jewett Tucker, LL.D., President of 
Dartmouth CoUq^ were elected Corresponding Members. 

t At to ttio tpWHiif of llilelieir« BMi^ ^. MOlMr'a 3XafiiftlU 
iv. pfk, les, isa, wWra boili Imentm sad OoUm IUUmt «m % tiiiffo SmI •*!'*; 
aBdr)i%i% VMmj^i CABbridg^ p. 9SS, nfli, whm tiie orthographj it dit- 



* Theit docMMott vtra prlaltd, witk aotot 1^ If r. Edtt, in tkt New Esf- 
kiid llltloriaa Md GtMslofittl Rtfiiltr for ISSS tod 1S60, xsiL S4S-SIStMl 
niii. MS-in. 

• Mr. Toppto ditcowid «l^ tobjttl ia a nolo to kit Bdwtrd Rtadolpli 
CrWaeaUoot of tko Prioot Sodelj),!?. ISH 8tt tito Ibid. t. 91, H Tho 
itiioiiof ItHtr fitit mmm fortlwr portitoitf wiiitii tro of ftit ;«^ 

Hmmlavd Stbbot, 

Cambsidob, t4 yu^t ItlS. 

Mt Dbas Ma. E aoi ,— TV p i o M ii tliool tlw dtit oo Um Flm tad StoMid mrHi 

of Qao WtwiaH tgaiaH Cp aa t cth a l Ims itallf btta tolTtd bj tlM tvoable ttkoa hj 

VifMiBrlBiiiaidtlwialonaatioogifiahyPiofMwrLatgddI,wfcoatid 

wrUi fiooi tiM Ki^ Btaeh iMdl to W dttoi ia tona tioM tad wmo, 

itoi laek, toaMliaMi^ la tidtr to havo Up3L tlMC. Bif tgf Jtiag 

Hatiy Itttlr Itr friiyiag daN»» I iad tlait Ja ItSi, Etitor dqr wti tlw If iac* 

•f ApfflatdlkolTriaityTma ktgMi thttjitroa Um Niattotalli of Jaat atd 

oatkoE%llkof Ja|r* Ho Willi ««% thMoim^ dated kadL to tho ktl dqr tf 



l» K. TtffTAS. 



i^»^ 



•1 

1 



1 

t ■ 



i 

If 

t 

S 



►•* — 












t A L M hk A C K i 


















Whc^ V«Kil Jtr Nc»« ^ :hj» -^ 



"4 4 
4 V • 



•'f .... 

4( t -. 
^* .". 

I* r 






% **" ii^'i'^^if**"* I 



»^^ 



>>f- 



f» 















I < »• l^ '. •*»/ 






1 



!■ 



.ONfAI. P-KTKTV or M\jSAi.-irr8LrrS. [AnUL, 

;i;']i "Jorintliiin Mildicll ez il"ii'i Aidkoria 



Mr. Ti-E- ;.l!'^. -ixhJbil.-.! ll.e or^'hinl TliiM 'Writ of Q'i'> 
M\ r- M'l njzaiiift lln' Connncticiit Cimrtcr anJ tlu> m-i;;inal 
.*■ ..ri)i AViiriiiia for lln' ni'j'n liijtisiun i« Cur. itcct Sent of Uio 
i;-. - i.:.'s (iyiTo ai,.l \Vli,iltey.» 

■ Mr. licni i;r N. Tori-w ci.iiiinfn+'.'ii ujKin llitiRc docimionUi 
p'.ii 'liMiii tlif Kln-'l ami S<;cc.nJ WriL.-, ilmwii:;,' .-iitriitiun lo 
cvi-tniii .li.-.:p I'liK'iis in tin: dat-M.' 

H(:ui;i[.r I-.^rKi; Amv. IjL.I).. ni JoliriH ITopkiiiH IJiii- 
vrrsitv, lij." I!.'.. n-\\:\fv n.vvis I.f..lJ., of •S.m i'Vanci.'.-o, 
Ciltfon.i... V.-. .,-..ui..i:: K I'isxjh.s A.M..(.f tli,- U-uux Lil.i-iirv, 
ai>-) i!." 1;- ■ . Wjr.j.iA'i .U-Ai I !■ Tk Ki.K, I,MX. I'i-c-i(l.;iit of 
I>.irtm;>ii:'i (\-lli^'.-. -.vitc i?1iti<vI CiirrcsiK.^iiliiif; .Members. 



di.l.jfpe ill a iwU t. his K.1wnra )hmH|<l< 
i.-ly). ir. 13S. &.* »T™ /W t. 21.32. Th* 
r |"i.lif,ul9r« oiiid, .rn of Titl.i" ; ~ 






iioa] 



ABfDKMn mr THB PBXnDBIT* 



S41 



ANNUAL HEETINO, NOVEMBER, 1898. 

HTHB AmruiL Mbbtiko was held at the Algmquin Clab^ 
^ No. 217 Commonwealth ATenue, Boston, on Monday, 
21 November, 1898, at half-past five o'clock in the aftei^ 
noon, the President, Edward Whxelwrioiit, in the chair. 

After the Minutes of the last Stated Meeting had been 
read and approved, the Corrbspokdino Secrxtart reported 
that letters had been received from Mr. James Bradstrext 
Grsevouoh accepting Resident Membership, and from Presi* 
dent Tucker of Dartmouth Collq^e, the Hon. Horace Davis, 
Professor Herbert Baxter Adams, and Mr. Wilberfobci 
Eames, accepting Corresponding Membership. 

The President then delivered the following Address : — 

Oentlemm of Th$ Cdawial Soektjf of ifamtuktmtii, — I am happjr 
to welcome you to the Sixth Annual Meeting of our Society. The 
Reports of tiie Council and of the Treasurer, which will pi 'e sen tly 
be read, will give you full information of the doings of the Socielj 
during the past year, and of the state of its finances. 

The year has been marked by one event of great importance, — > 
the completion of the subscription for the Gould Memorial Fund* 
At the last Annual Meeting, it was announced that a laigs part of 
the amount contemplated (tlO^OOO) had been subscribed. We are 
now aUe to say that that amount has not only been subscribed, 
but actually paid into the treasury. While congiatulaling the 
Society on the success of this undertakings the President would 
remind the Members that the amount thus raised fulls far short of 
what is needed fully to equip the Society for the work it has to do. 
It is hoped that the Gould Fund will serve as a nucleus for the 
gradual accumulation of a much larger endowment to uiiich our 
Members will from time to time volunturily contribute. 

Among the deaths lAkh have occurred in the Sccielgr during 
the past year, two have taken place since the last Stated Meeting, 
namely, that of Philip Howes Seats and that of Sigoumey Butlei; 



ta 



THB OQLOHIAL aOdBTT OW MA88A0HU8Em. 



(KoT. 



Tbe ptmim of lootiiie tmsineflB to-day will not allow anffioiant 
tuna for the custoniarj tribotas at thb Annnal Maatiiig; bat it 
win not ba inappropriata, and it umj ba axpactad« that the Pnai- 
dant» in annonncing their deathsy ahonld giro a brief aketoh of 
theea two departed membeia. 

Phiup Howes Ssabs was bom in Brewater, Haesaohneettat 
to December, 1819, and died in Boatoo, 1 May, 1898, in the 
aevenly-ninth year of hia age. He was thoa one of the oldeat 
of oar members. He was descended, in the serenth generation, 
from Richard Sears, who came from England to Plymoath in 
1689, and whose original homeatead and a portion of the land 
once belonging to him in the Towns of Dennis and Biewater 
were alill in the possession of oar aasociate at the time of hia 
death. Among hia maternal anceators were Ooyemor Thomaa 
Prence, Elder William Brewater, and Thomaa Howea, one of the 
three original proprietors of the township of TarmoaUi. He was 
thaa of pare Old Colony atock, and a repreaentatiTe of the oldeat 
funiliea of the Cape. 

Sean waa fitted for CoUege at Phillips Andorer Academy, and 
gndnated at Hanrard in 1844, with the rank of aeoond aohohtf in 
hia Class, wanting only a few marks of being the first He waa 
also, before learing College, elected a member of the Phi Beta 
lu^ifia. He reoeired the degree of LL.B. in 1849, and in the aame 
year waa admitted to the Bar. He practised his profession, at 
first in Waltham and afterwarda in Beaton, antQ 1880, abandoning, 
after a few years, the trial of caaea in conrt, and aecaring a less 
aidooaa and moia loeimtiTe praotioe aa legal adviser and oonnsel 
la aereial coffpofatiooa and tnwts. 

Mr. Sears was a member of the Beaton City Coondl and of tiie 
Massachnsetts Hoaae of Representatirea, one of the Tr^nateea of 
tiw Beaton PaUie Uljiary, and an Oreiaeer of Harvard College. 
Ha delivered pablie addresses on several ocoaaiona, among them 
mm ea Cl as sic al Stodiea, at Andover, and an Oration at Yarmooth 
on the Two Hondrsd and Fiftieth Anniversary of the aettlement 
of Ihat town. Ha waa abo the author of a Report to the Over- 
aaan ol Harvard CoUega on the Stody of Intelleetoal and Moral 
PUksopl9v of a nnmber of 1^ aigamenta and raviawa, which 
hava been pobUshadt and of aoma magasina articlea. 
Mi; 8aa» was abated a Baaidant Mambar of tfaia Socialj at ita 



»>. 



A- 



'- ■•1 
I. 



'M 

■:i 

' i 



1 "^ 



1808.] 



ABwtiaa BT THB nttmuiT. 



ta 



aeoond Stated Meeting, 16 Febraaiy, 1898, and, on 16 Febraaiy^ 
1897, a Member of the CoanciL He was a freqaant and alwaya 
an interested attendant at oar monthly meetinga, tbongh the 
delicate atate of his health, especially daring the laat year of hia 
life, often prevented his being present He todc part in the 
Memorial Meeting in honor of oar late Preaident, Dr. Ooald, and 
paid a toaching tribate to Uie memory of hia friend and classmate, 
intenpersed with delightfnl reminiscences of their College daya. 
Hia last act in connection with the Society waa the payment of hia 
liberal contribation to the €K)ald Memorial Fand. 

Then were at one time aeven memben of the Claas of 1844 who 
were also membera of this Society, and five of them, in one 
capacity or another, have been nnmbered aoMmg its oflioera. Six 
of theae have died— Gould, Hale, Parkman, fialtonatall, Sean, and 
Slade, and I am left the aole aurvivor. 

My acqoaintance with Sean waa not very intimate while in 
College; but in after yean I saw him more freqaently, especially 
after he came to live in the fine old manrion on Moont Vernon 
Street, bailt by Charlea Bolfineh for the reaidence of Harriaon 
Gray Otis, which Mr. Sean had enlarged and embdlished with 
a good taste worthy of the original architect He thas became 
my near neighbor, and aa we had many intareste in oomraon, I 
met him often, especially at the dinnen of tbe Uniterian Clob^ 
from which we always went home together, talking over the 
matten which had been disoassed. 

Mr. Sean waa a man of innate refinement, aimpla taataa, and 
tinblemiahed life, with aoholariy proolivitiea and acqairamenia, 
and fond of hiatorical reaearoh. A canf nl observer and aoropo- 
loasly sincere in hia jndgmenta, traly genial in diapoaiiiop, thoogh 
modeat and retiring in manner, he waa never wanting in the 
ooorteay which marin the traa gentleman.* 

> At a 84sled IfMiinf of the Coondl held fai Boftea, oa Moaday, 7 
Novamber, 1808» the PaatiDaar aanouneed the death, ea tlie Fiitt of lUy, 
of rhiUp H. Seen, a neaUMr of the Cooaell, aad ea SMtioa of Mr. Koaut, 
the IbUowInf MInale, offend by the Pte ei de at , wse adopted, aasaiaisaijjr, 
aad bj a rielaf vole t— 

mOe■■dl elTte OdMfal aedatv el Mi^MhMilliL el lli a^l MMlte iIbm Ike 

eO, tliiife IP ^leee ea iee«d ihiif Mgh esMedMlea el Me 
UelaleNilialbeSecle^. 



su 



THE OOLOSriAL SOCIETT OF lIASSACHUSEm. 



[Not. 



SiGOinurBY BuTLBB WM born in Bofton, 24 October^ 1857« and 
died in the sane eiljt 7 June* 1898, in the forty*fint year of his 
age. He thna belonged to the younger, aa Mr. Sears did to the 
older, element of our Society. He was descended, in the eighth 
generation in the direct paternal line« from Stephen Bntler, who 
eame from England to Uiis conntiy in 1685. He derired his 
baptismal name from Mary, daughter of Anthony Sigoomey, and 
wife of his great-grandfather, James Bntler. He was prepared for 
college at Hopkinson*s prirate school in Boston, and graduated at 
Harvard Cdll^;e in 1877, in the same class with his life-long 
friend and our late associate, Goremor William Eustis RusselL 

After three years* study in the Law School of Harrard Uni- 
^enily, Mr. Butler received the degree of LL.B. in 1880, and in 
the same year was admitted to the Bar of Suffolk County. Much 
of his professional work was done as counsel for the Boston and 
Maine Railroad, — a position inrolTing great responsifailily. From 
the time of his admission to the Bar until his death, he praotised 
law in Boston, with the exception of about two yearn (1887-1889), 
when he was Second Comptroller of the Treasury of the United 
States fay appointment of President Cleveland. 

Mr. Butler was twice nominated for the position of Overseer of 
Harvard College, — first in 1895, when he failed to be elected, and 
again in 1898, shortly before his death, when the majority of votes 
of the Alumni frivoring his candidacy was so great as to ensure his 
eleetion had he lived till the next Commencement. He took a 
lively interest in political affairs, and for several yearn was Pred- 



Xr.SMn WM •tecta a KcMMt MMntor IS Ftbrsavy. ISM, awl,<Ni It Ftlira- 
«7, ISi7, A MMibtr •! Um CMarQ to Sn tlM mcMcy cMwd hgr tlM •Itfitioa •! OM ol 

WKKm W*/ *V hM nWMNMJ 01 %m9 nOCMCJr. 

Ifo WW A tn^ mm H, aad alvajt iatoictlffl, attmidail at ow Moatlilj Maethifi, 
€kmgjk tlM MicMt ilato •! Mi keakK oipecfaUlr la Um ImI j«sr •!»■ life. allM 
pi m a m Mai fmai Mag ftenmrt 4ariaf the i ac l eaica t wiator aidatlHt He took pari 
ia tlM Mcawrial MMii^ ia iMaor af aar lato PkcaMeal, Dr. Oaald, aaS pMa toadi- 
ias trikato to tlia an a nt y af hb friMd aaS dMMaala, iatonprnnd wMi Miglitfal 
af tMr c a fl igi Sara. Hb tail act ia caaaactioa with tMi Sodetjr, 
Mi StatK van to Mai to tlia T nm mm Mi dwck Ims s«Mfa«i lak- 
■flatioa to tlia OaaU MaaMrial Faa4. 

WiUatotot aaS a m ia wt i g an a a i m W liad a ftaaiaa giB l i mj al SfapMJttoa 

b MitoriallatOTMaito,wMlaMicl6ariatanMt,hbMitaran7 
aad Mi WaaSta hai i ^ fMa walglittoMiaytobBa. la Mai tlit Sacfe^ 

,«-aat apai wlMa^ kanlac hb 
wattM^ 




18S8.] 



SBPOBT OF THX OOWCXU 



815 



[\ 



t T 



dent of the Young Men's Democratio Quh. He never sought 
office for himself, but was an earnest supporter of those who, like 
our late associatea, John Forrester Andrew and William Eustis 
Russell, were striving to lift poUUcs from the low level of party 
seal to the higher plane of true statesmanship. 

Butler was a good oitisen, a pure patriot, a devoted son and 
brother, and had withal an •♦indescribable element in his character 
and in his manner which made him a delightful companion to all 
sorts and kinds of men.** Possessed of gifts and accomplishments 
which made him a welcome guest on sll social occasions, he could 
tell a good story and sing a good song, preserving always his 
native refinement ••There Uy beneath the charming exterior 
of his manner,** says his Class Secretary, ••as the cornerstone of 
his character, the soul of honinr and the highest of ideals.''^ 

His friend and classmate, Mr. Lindsay Swift, has been desig- 
nated by the Council to write Mr. Butler^s Memoir Cor the 
Society's Transactions. 

The Annual Report of the CouneO wm presented and 
read by the Corrbspoxdiko SBCBBTiRT. 

BEFOBT OF THB COUNCIL. 

By a provision of the By-Laws it is made one of the duties of 
the Council to ••make an Annual RepoH which shall include a 
detailed statement of the doings of the Society during the preced- 
ing year." In accordance with this requirement the Council now 
submits its Annual Report This term ••doings" is somewhat 
flexible. It may include not only actual events, but their causes 
and consequences; it may have reference not to Ae past and pres- 
ent merely, but also to the future; it may contain narration and 
suggestion ; it may be part history and part prophecy. TheCoun- 
cU proposes, however, m its present Report, to confine itself largely 
to a TiBumi of the results of the past year and of the standing of 

the Society to-day. 
The straigth of any organisation, whatever its nature, lies largely 

in its finances and their administration. It wOl be seen from the 
Treasurer's Report that there has been an increase of ten thousand 

> J€ha Fold Tjlir, la ths Harwd Ofs drn f m * Msfmhw lor fl i f twi fcw, 
lBM»vll.m. 



SM 



TBB OOLQMIAL SOOICTr OW MAMA0HtT8EII& 



[Hot. 



doflm in the PennAoeot Fundi of the Sodetj, all of whidi avo 
nfcly inTested in fint morl^iaget on improred ml estate in Boston 
and Canl^ridget yielding fire per cent, tiie principal and interest of 
wiiich aie payable in gold coin* In the fint Report of the Gooncilv 
in 1898, attention was oalled to the neoessity of a Permanent Fond 
(or defraying the cost of the Publications of the Society. Uoweyer 
generonsly eontribations came in from members, without solicita- 
tion, to meet special exigencies, and to whaterer extent hopes and 
•xpectations were more than realized, something further was requi^ 
mte to permanent and assured success. 

One of the most important erents of the past year has been the 
oooipletion of The Gould Memorial Fund. At the Annual Meet* 
ing in 1898, it was voted that a Committee of fire persons be 
aopoittteu ^"^ 

*« with fsQ powers toeonsider the subject of iaereaslng the Fmnaoeat 
Finds of tts Society, whereby proriskm may be SMde for an annual 
iMome ■■flcieat to defray the cost of the Sode^s Publieations, and 
Is take sueh farthsr action as they may deem expedient*" 



This Committee had been decided upon by Dr. Oouldt but he 
died befoie he had announced his choice. To the names selected 
by him two were subsequently added, making it a Co m mittee of 
as?eB,as follows: — 

Edwakd WRssLWBionrt 
Samukl JoHKioir, 
Vkrw R. WumnETt 

QUELIS F. CnOATIt 

Boanrr N. TorpAXt 

NaTBAXIBL C. NASBf 

Hbskt H. Edwl 

This Committee made its final report at the April Meeting of this 
year. Ten tfaooMmd dollars, contributed by seTenty-three persons, 
has been paid into the treasury, and safely inyested, ss already 
staled. This Fad has been named in honor of the late President 
of the Society. 

A signififnnt and eneoumging tM)t connected with the success 
of this nndsHaking is. Unit the Fund was not the sole gift of a 
few wealthy men, — though the Society gratefully acknowledges 
• lew laiga oonlribniiona,— b«l» in the main, was the gift of a 



[9 



5 






IMw] 



SBPOBT OW THB OOUV CXU 



847 



large proportion of our Resident Members, — a striking testimony 
to the general interest felt by our feUowship in the welfare of the 
organization. 

The importance of this acquisition can scareely be overe st imated. 
First and foremost, it establishes beyond pendventure the perma- 
nenoe of the Society. This at least is assured. But it may well 
hare another and further Talue and importance and si gnifi fa no e. 
It rereals wherein the Society needs strengthening ; what prospects 
of usefulness are opened, and what results may be attained; how 
this organisation may establish beyond question its right to exist- 
ence; how it may supply a much needed want in the com m u ni ty; 
what it can accomplish, not for the present merely, but for posteri^ ; 
and how it can make itself apower in the advanc em en t of h&rto ri cal 
learning, of sociological inquiry, of the study of jurisiwudence, and 
in all those manifold fields where the past mustsupply the material 
on which the present is to work for the derelopment of the future. 

In the success of this moYcment lies a pregnant suggestions 
what more permanent Memorial of any member who has closed his 
career of aotire, penonal usefulness, is left to his friends to estab* 
lish, or uriiat more hwting remembrance can any liying member 
ieave behind him, than the creation of a similar Fund for similar or 
analogous purposes, or how oan he better assure hims4 ' ' 
increasing and widening influence which shall ouIUti 

A few changes haTO been made in the By-Laws, — most of them 
for the purpose of securing greater clearness and prseision. One 
important change has been made in the creation of alimited RoUof 
Corresponding Members. Eight gentlemen hare sines been el ec t ed 
sssuohs — 

JOSBPB WlLUAMSOir, 

JoHX Fravkijv Jaxisov, 
SnoBOK Esmr Baldwht, 
Edwaxd SmoLBTOH HoLnoiy 
HsaaBKr Baxter AnAm^ 
HoEAOi Datts, 
WiLasBFoaoB Eahcs, 

WlIAIAM JaWRT ToCKflL 

Two names haTO been added to the List of Hbnoniy Membent «* 

Jamxs Cooud^ OAana, 
SiMOv Nxwooao* 



ut 



TBM COfLOfnAL BOCIETT OF II AM AOH m*rilfc 



UUfT. 



Rf# lUridant Members haye been eleeteds — 

JwirMiAH Smitb, 
Jomi EuoT TBatbs, 

ACOUSTUS LOWBLL, 
DsmSON ROOBM SukOBy 

Jambs Bkadstbeet G BBB W O Osa* 

Wkile BO soeh startling inroad hss been insde upon onr nmks 
as ooenned in the jesr preoedingy we baye to r^^t the loss of f onr 
Bost valued and aoeompUshed members. It seems nnneoessaiy to 
add aDjthing here to the delicate and tender tributes whioh hare 
besa paid to their memociest or to the just and disoriminating 
slmraeteriffsHon of their qualities which hare alreadj been jdaced 
UMMi <Mr Reeofds. The mention of their nsmns ^-^ 

FkAxos YBBoimES Bkum% 
Jossm Hsmr Aluesi^ 
Ptoiup HowBS Sbass, 
SioovBinnr Bonm*^ 

is enough to show the loss which the Society has suffered in their 
desth, — the able» learned lawyer* with his unique personalitjt 
which words fiul to portray, uniTcrsally loved and admired ; the 
■nn of letters, of wide and varied learning, of remarkable intel- 
lectual keenness and strength, joined with the most winning 
qualities and exalted character, in the fulness of yeais and wis- 
dom; the conservative, judicious, and wise lawyer and man of 
a&irs; and one in the eariy prime of manhood, full of promise and 
ezpeetancy, whoee brilliant success was but a foreshadowing of what 
the future would bring, but who had lived long enough to gain the 
affection of all with whom he had been brought in contact 

The six Stated Meetings of the Society, held monthly, ss usual, 
from November to April, inclusive, have been well attended. In 
anj organisation, com p os e d largely, ss this is, of exceptionally 
basy msn, a full and constant attendance is, of course, impossiUe, 
and prasenoe b not always the sole measure of actual interests 
When it is considered, however, how much inspiration there is in 
■nmbem, when men are engaged in a work of common interest, 
aad how laigelj such a manifestatioB of interest conduces to suo* 
oessi It s s ea ss desirable to adopt all proper measures to secure as 
fdl an attsndanes^ steadily and legulariy, as may be possible. 



laoa.] 



BBPOBT OF THB OOUHCXL* 



849 



Leisure, opportunily, interest, time, money, are not uniform or 
universal possessions ; but if these are singly utilized and applied, 
so£ar ss droumstances allow and inclination prompts, the interesto 
and prosperity of any cnrganizatton vrill be immeasurably promoted, 
audita success insured. There is room for all to work, each in his 
chosen way, and to each the Society is a debtor. 

At the Meetings, a wide range of subjecta has been ptesented, 
which have usually opened up numerous collateral and kindred 
matters, and given rise to interesting and pn^table discussion. 

Among the original manuscripta and other valuable materials 
which have been exhibited or communicated during the year are : 
(i) the original charter of the Harvard Chapter of the Fraternity of 
Phi Beta Kappa, restored to it many years after ita supposed loss ; 
(ii) letters of Cotton Blather, John Singleton Copley, Elizabeth 
Montagu, General Knox, Martha Washington, and a love letter of 
General Washington; (iii) a Mezzotint of Smybert*s portrait of Sir 
William Pepperrell; (iv) a copy of a Royal Commission to the 
Bishop of London authorizing his exercise of certain Episcopal 
functions in America, and the original Commission of General 
Joseph Dwight ss Judge of the Court of Admiralty at Louisburg 
in 1746; (v) the original third Writ of Quo Warranto against the 
Connecticut Charter, and an original search-warrant for the appro* 
hension of the regicides Goffe and Whalley; (vi) an original 
Thanksgiving Proclamation, in 1681, of John Davis, Deputy Presi* 
dent of the Province of Maine; (vii) a manuscript sermon of 
Cotton Msther; (viii) a copy of General Washington's Military 
Reoord, giving Muster Rolls, in 1778, in three Massachusetto coun- 
ties; (ix) an original manuscript purporting to be the list of Theses 
of the Commenoers at Harvard College in 1688, and a copy, 
believed to be unique, of Israel Chaunoey's Almanao for the same 
year; besides a number of original dooumenta connected with 
eventa of the American Revolution. 

The pi^m and communications read at the sueosssive Meet- 
ings were many and varied,and of much interest They include 
(i) an article reUting to the Records and Files of our hi^iest Court, 
— their history and pbces of deposit; (ii) an aeoountof the visit of 
Lieutenant-Oeneral George Dif^ Barker, a grandson of a British 
officer in action at Lexiogton, Conoofd, and Bunker Hill, to the 
old battle fields and oUier scenes, and of the Diaiy of his Grand- 






tso 



TBB OOUmXAL aOdBTT OV XASSACHITSBTn. 



[Hot. 



father eorering tluii period; (iu) a ramiiMij of the sentimaiiti 

and attitude of soBie of the leading patriots of the Rerolution 

concerning noted evratB of that atrugglov illnstrated bgr a letter 

of Dr. Fianklin upon the Tea Party, and other papen ; (iy) the 

trial of the British eoldien implicated in the a£fair of the Fifth of 

lfaich» 1770; (r) two papen upon the Land Banks; (ji) an 

aoeonnt of Heniy Pelham, Cople/s half-bfoiher, founded on con- 

tempoianeoua letters and docnments; (Yii) a discussion of the 

Third rolnme of the MassaohnsetU Colony Recoidst based upon an 

original Fragment of a Record fagr Secretaij Rawson; (riu) the 

Connecticut Charter and the Stoiy of the Charter Oak; (ix) a 

paper upon the use of the terms ^ Hired Man** and '«Help,*' with 

exhaustiTe illustrations; (x) an account of some Massachusetts 

Tories; (xi) a discussion of the original manuscript List of Theses 

already referred to, — yaluable if a veritable programme, or, if a 

atndent*s buriesque, a unique production of no less consequence 

and interest. Besides these more formal papers, numerous briefer 

matters were brought up and considered from time to time. 

During the year a Memoir of Darwin Erastus Ware was com- 
municated by Professor James Bradley Thayer, and a Memoir of 
William Bustis RusseU by Dr. Charles CarroU Ererett 

The issue of our Publications has been dehtyed by unaroidaUe 
airoumstances, among tliem the nonntrriral from EngUnd of copies 
of io^Kirtant documents, and the nouHMimpletion of oertain portrait 
aiustiations. Volume III., deroted to our Transactions, and a serial 
part or parts of Volume V., of simihur character, will rery soon be 
issued. Volume IV., in accordance with the plan adopted by the 
Council, is resenred f or misceUaneous Collections, and will include 
Mr. DaTis's raluable Calendar of Land Bank Papeie in the Massa- 
chusetta Archires and the Suffdk Court FUea, besides Mr. Griffin*s 
copy of Massachusetts Muster Rolls, in 1778, from Washington's 
MOitaiy Record, already mentioned. 

In aeeotdanee with our practice of keeping track of the various 
Wrtorieal Assoeiatioiis which the growing interest in historical pur- 
auiU has called into existence, the oiganisation or incorpoimtion of 
aoeh bodies has been reported from time to time aa they hare come 

la our knowledge, in order that our volumes may contain a full and 
coiqilete list of these Societies, which mqr be easQy lafened to 
Igr amaaa of ow Indexes. 






1^. 



M 



^(1 



Vt ' 



18M.] 



BXPOST or THB OOUVOIL. 



S61 



A great public service has been done by many cities and towns 
in printing their eariy records. What has been accomplished fay 
the City of Boston is well known; and to the intelligent interest, 
the foresight, and the wise liberality of the County of Suffdk ia 
due a work securing the preservation of a laige amount of histori- 
cal material, — the value and importance of which can scarcely be 
exaggerated,— > now, for the first time, and by this means, about to 
be made available to students of our history and ji 
Cambridge has made a most significant beginning in the 
tion of the Proprietors* Records of that ancient municipality, and 
has now in press, under the supervision of Edward J. Brandon, 
Esq., City Clerk, the Early Town Prooeedings. It is to be hoped 
that the publication of the Vital Statistics, at least to 1860, is 
contemplated in the scheme of the authorities of the University 
City. 

The importance of printing the eariy records of our older towns 
and cities, — and especially the Vital Statistics, — cannot be too 
atrongly uiged. By such a course these Archives are not only 
made accessible to the ever-incressing number of interested stu- 
dents, scattered all over the United States, who trace their lineage 
to New England, but they are put beyond the danger of destmo- 
tion, not merely by fire and flood, but by the constant handling of 
a multitude of inquirers. 

A work which peculiarly deserves attention, and which it is hoped 
may be undertaken at no distant day, under proper conditioni, is 
theprintingof the eariy Records of Harvard College. Whatwealth 
of historical material and what matters of importance and value in 
manifold directions are therein contained, is revealed In the com- 
munication of Mr. William Garrott Brown to the Harvard Oradu* 
ates* Magaxine for March, 1898, upon the University Archives. 
This Society would gladly undertake the work if some liberal and 
interested alumnus of Harvard would guarantee the printer^s bilL 

Attention has been called in previous Reports of the Council to 
one matter of especial importance, and a work which cannoi ha 
entered upon too soon, — the printing of the Records of the ancient 
Churches of the Commonwealth. These priceless volumes contain 
data of incalculable value to the historian and genealcgiat which 
are nowhere else preserved. The time is ripe, and ocoewted action 
la desirable. The custody, care, and pmacriatiou of Mm Vital 



THE OOLOnAL SOdBTT OT lfAlilAOHU»gril« [Kl»r. 

Stotktics of Townt, to a cerUin extent, can be eontiolled by 
legitlatioo, bat the Becorde of Churches, being the property of 
prirate oorpontioiis, caimot Here, then, is en opportunity for 
thie Society. Every e£fort should be nuuie to encourage the 
Chaiehes to print their Records, and no opportunity should be lost 
by us to cooperate in such undertakings. Indiyidual research 
is not alwajB possiUe, neither is it the only or the best way 
of accomplishing results, nor always the most effectire. With 
ampler funds than it now possesses, a senrice of inestimable yalue 
might be done in thli direction hj this Society. 

During the past year the Society has again been indebted to the 
American Academy of Arts and Sciences for a renewal of its 
generous hospitaUty in affording the use of its Hall for our Stated 
Meetings; and a Tote of the Council, expressing its sense of the 
obligation thus incurred, and its thanks for the continued courtesy, 
1ms been transmitted to the Academy. 

The Treasurer submitted his Annual Report^ as follows : — 

BEFORT OF THE TREASURER. 

The flmt Article of Chapter VIII. of the By Laws requires of 

the Treasurer that at the Annual Meeting he shall make a written 

or printed Report of all his official doings for the yesr preceding, 

of the amount and condition of all the property of the Society 

intrusted to him, and of the character of the inTCstments. In 

^^ff -> pi^.>#i^ therewith the following afastvact of the Accounts, and 

a l^ial Bahmoe of the books on IT Norembei^ 1898, are now 

niMBitteds'* 

CASH AOOOUITT. 



gs l s mw , Ig K sf e aibw, IWJ • • • • • 

AdbalnioaFeM .••••••• • WJOO 

JUuimI AMOiimnati 79000 

VehMtanr contribttai towtiii ths sottcf tht fl itiii y^ 

S,46e.7i 

.••...•.• 472JS 

MatafthiSoeis^PMimtioM 0.40 

Hhfelhafusi itinif • • 10.00 

gaterlptioiM Is The Goeld IfonMrisl Faad lOfiOOM 

Fire Cento SsrlBfi Beak • 044^ 
S,0e0.00 10^704^ 



t«^^ 



:'^ 



'■i 



1 ■ ' 



1800.] 



BBPOBT 07 THB TEXA0UnB. 



S5S 



KKFKinMTUBSS AMD UnrBSTMBXT. 

UniTenitj Finn, Printiiig $2JM!2JBa 

John H. Daniel^ Steel Plate Priiitiog 2JB0 

Hooper, Lewie end Compuij, St e ti ooe r j lO.lS 

WlUUun H. Hart, Anditiiig MO 

EUiabeUk H. Connellj, work on the Instnotkns of the 

Boyel Gofomon 00.00 

Clerical Senrioe 0U6 

MiaeellaneoiM ineidentale . . . ' S8S.86 

Uepoeited in Charleetown Fife Cento Baiiogi Bank • . M33J0 
Mortgagee oa impiored Beal Eetsto # 6%, prineipal sad 

interast payablo In gold ooiB lA^UOM 

Intereet in adinitaMot of norlfagee bonght^ leeotd Im^ 

ti€. H0.7i lM441i 

Bahmoe on deposit in Third National Bank of Boeton,17 

Novonber, 1800 4SSJ0 

03<M>8S.1S 

The Funds of the Society an inrested as followst— 

•12^.00 in FMIfortftagae on laqvofodpropertj in Boston sad Csaihffldlgi^ 
: 048.86 deposited hi Oe Charieetofwa FIto Cento flsfli^ Bank. 

TBIAL BALANCE. 



Caih 0188.00 

Mortgages 013,200^ 

Charleotown Fhs Cento Bafingi Bank 848JS 18,0|8JS 

018>40yj8 

OBBMTSi 

Liooaie 0480JO 

Poblieatkni Fnad 050174 

General Fnad • 1^1041 

The Gonld IfoaMrial Fnad 10,000.00 18^^85 

$1^487,75 

It thus appeam, that all audited elaims sgainst the Society hoTO 
been paid; that Uiere is sufficient Cash on hand to dischsrge all 
liabilities incuirod for which bills haye not as yet been rendered; 
and that the Society is possessed of Peimanent Funds to ths 
amount of Thirteen Thousand Dollars. 

HbMT H. Bras, 



SI 



s 



» 



su 



THE OOLO^OAL SOdETT OT MASSACHUSETTS. [KoT. 



The CommiUee, ocmsisibg of Messrs. Moses Williams 
aad Geoboe Wiggleswobtu, appointed to examine the 
Aceounts of the Treasurer for the year ending 17 November, 
1898t reported, through Mr. Wiggleswobth, that the Ac- 
counts 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. Samuel Johksok, on behalf of the Committee to 
wminate Oflfeers for the ensuing year, presented the follow- 
ins List d Candidates; and, a ballot being taken, these 
were unanimously elected : — 

PMSlOtNT. 

EDWARD WIIEELWEIGHT. 



WILLIAM WATSON GOODWDI. 
JAMBS BEADLET THATEB. 

MOOeOIMO StOaCTAIIY. 

HBBBT WINCHESTER CUNNINGHAM. 

OWMSS^OMOINO SCOSCTAIIT* 

lOHN NOBLE. 

TmASUHtfL 

HENRT HERBERT EDES. 



HENRT ERNEST WOOD& 



BOBEKT NOXON TOFPAN. 

Mr. John Noble read a letter from Professor AlbeH 
Bushndl Hart, respecting the next Annual Meeting of the 
Aaerieaa Historical Association ; whereupon, on motion of 
Mr. Andrew MgFarland Datis, it was— 



160S.] 



ANNUAL dinner* 



Voied^ Thtt Tbs Colooial Society of MMtsohnietti tzttttdi a eoidtal 
iDTltotioii to tiis Amarioan HitUMrieftl AttoekHoo to hM Its Aanesl 
Maetii^lMrtaftwrtliatof 189SittBortooMidCambri4ge»Mimictwiietta 

Mr. S. Lothbop Thorndike, cm behalf of the Honor- 
able Joseph H. Choate, who was unable to be present, 
communioated a Memoir of Lererett Saltonstall which he 
had been appointed to prepare for publication in the 
Transactions. 



After the Meeting had been dissolved, the Annual Dinner 

was senred. Mr. WnEELWRionr presided, and the Rev. Dr. 

Charles Carroll Everett invoked the Divine Blessing; 

On rising to begin the aftec^^ner speakingi President 

WnEELifRionT said: — 

The Council of the Society, moved hj that fftmily affection 
which we all feel towards our elder sister, the Massachusetts 
Historical Socielj, voted, at a recent meeting, that three distin- 
guished merobeis of that Society should be invited to partake with 
us of our Annual Dinner. The thiee gentlemen designated were 
accordingly invited to honor us with their presence this evening. 
They were the President of the Society, Mr. Charies Fiancis 
Adams, Professor Henry W. Haynes, its Corresponding Secretary, 
and Mr. Robert C. Winthrop, Jr. Mr. Adams at once accepted 
our invitation and is here to-night Messrs. Haynes and Winthrop 
felt reluctantly compelled to decline, ~- both, I regret to say, on 
the ground of ill health and physical infirmities. Before present" 
ing Mr. Adams, who needs no introduction to any gathering of 
sons of Maseachusetts, I wish to offSer a sentiment or toast: — 



Oardder sitter, —the MastadMisetts Historical Sodsty. Plooeerlii 
tbe field of historical rsssareh, she has nobly falfillsd her vissioo daring 
her centory of life^ and has set an example of scholarship and thorough* 
Bees of reeearoh which deeervct and commands oor respect and omrema* 
latkm. We offer her oar congratolatloas upon her ever widening field ci 
nsefslasss and umni her abundant rseowces, •— hietorieal and materlaL 



S56 



THB OQLOmAL 8U0UBTX OW XABSAOHUBBTTS* 



[Kor. 



The toui waf dnmk standing, and waa responded to by 
Hr* Adams, who paid an eloquent tribute to the memory of 
Dr. Benjamin Apthorp GouM and to that of Uie Hon. 
Darwin R Ware. Mr. Adams then proceeded to point out a 
qihere of labor to which tliis Society seems to be called by its 
Tery title of ^Colonial,*' in rescuing from oblivion and 
threatened destruction important documents rdating to our 
Colonial history, and closed his Remarks by nuJdng an 
eloquent jdea for the liberal endowment of this Sodety, 
which, he said, was essential to the attainment of the best 
lesults in carrying on its work. 

Mr. Hkkrt H. Enn then said: — 

A yesr ago to-night Mr. Rackemann gave us all pleasure by pro- 
posing the health of our honored Presidenti thereby affording us 
an opportunity to testify our personal respecti and our loyalty to 
him and to his administration. I am sure, gentlemen, that 
we shall all rejoice to lenew, to-night| those pledges of loyalty 
and respect, ^-aysy Sir, of affeotion — and to add to them an 
expression of our oordial appreciation of Mr. Wheelwri^t's 
constant and untiring devotion to every interest of the Sociely. 

Gentlemen, I give you the health of President 



The toast was drunk standing, after which speeches were 
made by the PusiDDrr, Mr. William Watsok Gtoodwik, 
Bishqp Lawrbncb, who paid a tribute to the memory 
of Sigoumey Butler and spoke of the importance of pre- 
serving and printing the Records of our older Churches, Mr. 
Saxubl JomrsoK, who referred to the Prince Library and 
its history, Mr. Ain>REW McFarlakd Davts, who spoke of 
Mr. GoodeD*s eminent services in elucidating the history of 
our Flroviiieial Iqpsktion, Mr. Saxusl Swstt aBBBV,and 
Mr. jAina Bbadstbut Grbxvouoh. 

Mr. J<»or Nmls proposed the health of Mr. Abner 0. 
Gooddl, who was detained at his home in Salem by ill- 
and it was drunk standing. 



% 



4>j 



1 .' 



^ 



18SS.] 



AinnJAL UIBJiUU 



ssr 



The Pbbsidkiit said that letters of rqpret had been recmved 
from Sir John O. Bourinot^ and from three of our Honorary 
Members^ ~- the Hon. Edward J. Philfs, the Hon. Jajos C. 
Cabtbb, and the Hon. Josxph H. Choati, all of whom 
were prevented by prolessional engagements bom being 
presentt 



K k 



THB COLONIAL SOCDSTT CfW MAaaACHUBBm. 



[Vl»r. 



MEMOIR 



HOK. LBVEBETT SALTONSTALL, AM. 



JOSEPH HODGES CHOATE. 



It is trith no litUe diifidenoe that I undertake the dulj assigned 
bj The Colonial Society of Massachusetts to write something 
about our late associate Leyerett Saltonstall which shall be worthy 
of record in its annala, because my close acquaintance with him 
was limited to a single year in our early lives, and for forty years 
afterwards our meetings were occasional, although our mutual 
interest never failed. It waa, indeed, a great loss to the Society 
when the Hon. John Lowell, who, with the loving hand of a life- 
long neighbor and intimate friend, had entered upon the perform- 
anoe of this duty, was himself removed from us by death. 

Ur. Saltonstall was one of the Founders of The Colonial Society 
of Msssaohusetts. At its meeting for oiganization he was elected 
one of its Vice-Presidents, but he served in this office for one year 
oaly, declining a renomination, in 1898, on the score of ill health. 
At the request of the Society, he prepared the Memoir of the Hon. 
Fkederick Lothrop Ames which is contained in the first volume of 
its PublicatioaB. 

The famous saying of Dr. Holmes, in response to the inquiries 
of an anxious mother, that a child's education should begin at 
least a hundred years before he was bom, was ezemi^ified witk 
double foroe in the case of Mr. SaltonstalL His education, the 
Iprmafinn of his character, the motive power of his life began more 
Hiaa two hundred years before his birth at Salem on the sixteenth 
of Mareht 1826. More signally than any other man whom I have 
known he was actuated and inqrfred in his life and eonduot by a 
jusi and lionefaUo pride of aaoestryf whiek went hr to color his 



1898.] 



lOEMOIB OF UEVEUn 8ALf02fSTAIiI» 



t6» 



*' 



n 



r 



r. 



thoughts and control his actions both in public and in private lib, 
and always to high and honorable ends. 

It was my good fortune to be present at the odebiation, in 
Salem, of the two hundred and fiftieth anniversary of the landing 
of Governor Endicott,^at a scene and in a company which Dean 
Stanley, who was one of the guests, declared could not be found 
in any town in England with her thousand years of history. 
There was the orator of the day, our beloved and honored asso- 
ciate Judge Endicotti the worthy representative in blood, features, 
and character of the first Colonial Oovemor — that stalwart hero 
who had ever the courage of his Puritan convictions and ruled 
the little Colony with the sword in one hand and the Bible in the 
other. On his right sat Robert C. Winthrop, and on his left 
Saltonstall, tracing their descent to the two pioneers of the great 
Puritan immigration to the old Bay State, — fellow passengers in 
the Arbella which followed Endicott only a year later, «- and who 
were the leading spirits in the transfer of the Charter to American 
soil and in laying the foundation of the CommonwealUi which was 
to become, at the close of two centuries, the foremost community 
not of America only but of the worid, in education, intelligence, 
and character, first in all that goes to make up the physical and 
moral well-being of the race; while gathered about them were 
the lineal descendants of four of the leading men in the immi* 
gration that preceded Endicott who bore their names and had 
occupied their places in Salem for eight generations. 

Saltonstall could trace his pure English blood, mixed witii no 
foreign strain, not merely to Sir Richard Saltonstall, but, in the 
widely diverging ascending line, to the Cookes, the Wards, and 
the Phillipses, to Governor John Leverett, and to many other 
worthy men of power and digni^ in the State vdio, in suooeeding 
generations, had each, according to his measure, helped to make 
New England what she was and is, and it is no wonder that he 
delighted to study their lives, to recall their virtues, and, in life 
and conduct, to be worthy of his distinguished lineage ; and so 
with him a lofty public spirit, a high and delicate sense of honor, 
the will to live up to his light wherever it might lead him,— 
whether we regard them as faculties acquired directly by trans* 
mission or studied and imitated for the love he bore to his 

and constant tmits. 



m OOLCmUi WXIIiri OT IU8BACIHUUTlfl. 



tNoT. 



Hii taiher, wboM umM iie ion, mm ocMuinawma in Salem and 
throi^hont tiw Commonwealth, ant merel; aa an aUe lawjer and 
a wiia and patrioUe Hayor, legialator, and Congreawnan, bat also, 
and more than lor all hia other great virtue*, for a warmth and 
targeneaa pf hearti which went oat in all ita fnlnea* to those 
with whom he had to do in ever; relation of life. I well remem- 
ber that when ha died, in Salem, in 1845, the «a^g went about 
among the ptapHa who had looked up to him aa their leading 
fellow oilmen that Laverett Saltoaat«U had a heart aa big aa 
an ox. 

Thna deacended and sirad, it will not be atrange if we find thia 
fortunate child of the CSommonwealth a man of nnanllied virtue, 
of large patriotiim, ambitioaa to aerre hia State and hie ooontry, 
■eeotding to the kleala of the peat, cairjing hia head high among 
Ua fellow*, aenaitiTe in a high degree of hia own honor, a lover 
of tontlt and joatiee and ardently lojal to hia kindred, hia frienda, 
aad aaaociatea ; and anch in truth he waa. 

I will not enter upon the vexed qnestion whether heredi^ or 
enrirHunent baa the greater iofinence upon the formation of a 
Ban'a tcBdenciea and chatacter; but anuming that both are 
largeljr teaponsiUe, we majr note with intereat his announdinga 
from infancy to manhood, and if we find that be was bred as well 
as ha was bom, aa truly aa the boy is father of the man, we ahall 
expect the outcome of a lofty and commanding character. 

Salem, hia native place and his etuistuit residence frran 1826, 
the date of his birth, until 1S44, when he graduated at Harvanl, 
waa a peculiar and interesting oommunity, and boyhood spent 
then left sb«^[ and indelible marka upcm many of her sona. Ita 
inhabitants were of abadntely pore and unmixed EngUab breed, 
and chiefly of that sturdy Puritan stock which b^pui with the 
eoB^ng of Endiooti and Winthrop, of Saltonatall and Higginson, 
nad cantinued until the outbreak of eivil war in England, and 
setded along the shores and over the fiums of Essex Coun^, 
Salem had been for two centuries the principal and only oon- 
sideiable ton in the County, and hither the most enetgetio and 
ambitioBa of the youth ot the Coon^ mignted aa to the nearaat 
Capital, as Joseph Peabody came from Topafield, Saltonstall's 
father bom Haverhill, and Rnfns Choat* fnm Cbebacoo. A 
ftweigwer was hardly ever aeon within ths town limits. Hie daya 



imnnB or LBntaan uiookviau. 



of her eommercisi supremacy were past. Commeroe itaeU; spread- 
ing ita sails on Ui^ ahip^ had already almcat sbandonetl her 
aballow harbor ; but her enterprising merchants and her hardy 
navigatoiB had, for almost a oeutuiy, bsen exjdcring the confines 
of the globe, extending oommeroe into regiooe unknown befon, 
and bringing home the spoils of the Indies and of Africa to lay 
them down at her door. Though Salem ships no kmger plou^ied 
the seas aa of old, a large share of the wealth that tesnltad from 
all this enterptiae and adventHre still remained in the town, and 
Saltonstall's anceators in the maternal line had bees among her 
leading merohants. Ihe whole tone and apirit of the plaoe wm 
still oommeroiaL Her people were justly proud of her history 
and traditions. Culture and education had grown up to a high 
atandard with the teansmitted wealth which waa stiU enjoyed by 
her chief eitiiens who oonstituted a society which was, at least* 
equal in all that elevates and graces oivilized life to that of any 
ci^ in America. In theee resp«Dla hsr rBsonraea were quite suffi- 
cient for herself in those daya when oonunnnioatioa with other 
oitiea was difficult, and travel abroad waa an almcet unknown 
Inxnty. In 1637. we went out to Castle Hill with oar pateota to 
see the fint railroad train come in fnm Boston. 

Uanufactares had not yet been tbonglit of, and business having 
departed the chief industiy of the pUoe was education. Therv 
were probably mote resident Harvard giaduatee among her eitt 
tens in proportion to the populatira, than in any other city in tha 
country, and among them many of great eminence. The great 
depths of orthodoxy bad been broken i^ and the wonderful and 
fapnaching influence of Dr. Channing had permeated Hw religions 
thought of Massaohosetts, and nowhere more Ihcrou^y than in 
Salem, where the great majori^ of the educated pw^ hudn^rtftd 
the Unitarian fai^ It is to Harvatd that this mitigation of tha 
tenota of old beliefs is largely due^ and it eonstitntes caw lal the 
greatest services shs haa ever rendered, which auqr well be ao- 
knowledged now that she has thrown off even the weak tnmmels 
of that mild denomination, and opened her doors with absolnta 
freedom and equaU^ to all creeds and all aooroes of light and 
knowledge. 

It is to tiiis same period also that wo tnuM the beginning of 
the migfa^ Influeaee of Hcnoa Uaon In arooaing tha pvUia -tM 



THB coumiAL aocoenr or MAfltACHUtsm. 



IKvw* 



to the importaiiM of more thoioagli sjslem in the ooadnet of 
odaeftlMNi In our poUie sohools. Hit appotntment as SeeiBtery 
of the newly-e]ipointed Doord of Edoeation to leTiae and le- 
organiie the common echoed system of the State was warmljr wel- 
comed by the elder Saltonstall, who was* about this time, elected 
tiie fimt Major of Salem, and, in that d^iacity, took a live!/ and 
special interest in her schools. ^Rareljr haye great abilities, un- 
selfish derotion, and brilliant success been so united in a single 
life** as in this great educational woric of Mr. Mann. In such 
an intellectual communitj as that of Salem his labors had magical 
and electric effects; and fortunate were the youth of this epoch 
who profited bj them. 

There was another all-^wrvading influence which operated with 
peculiar e£fect upon the youth of this ancient town, and upon none 
more Tiridly than upon those who, like the subject of this Memoir, 
could look back upon a line of ancestors wixMo lives, in succes- 
sire generations, were prominently identified with the public life 
and history of the Colony and the State. Their minds were 
saturated with the local trMUtions which Hawthorne was then 
illustrating by the inimitable charm of his writings ; and a pas- 
sioo for local history and illustration '—soon afterwards resulting 
in tiie foundation of the Essex Institute, wliich has contributed 
such Tsluabie results— was ererywhere prcTalent To<lay CTcry 
intelligent boy in America takes up the newspi^r and makes 
a morning tour of the globe, learning before breakfMt all that is 
going on **from China to Peru ; ** but it was not so in the days of 
which we are speaking. Steam had hardly begun to tell, the 
Megr^ was hardly yet dreamt o^ and the telephone, if suggested 
to the imagination, would here been set down with Salem Witeh- 
erafl as an iuTention of his Satanic Majesty. TIm semi-weekly 
Begister and Gaiette gare us diiefly local news, telling of the 
•vents of Boston two dajrs before, of New York a week before, 
and discussing what had hiqipened in Europe in the prerious 
month. TlMNorth American Review was about the only monthly 
periodicaL Thus our attenticn was eonoentnted upon home life 
and home rule, and Om psst histoiy and current events of Salem 
and of Esssz County wars of absorbing impo r tance* 

We had our local aristocracy— very marked and commanding 
C M s i us i fC^in tlmse dsjs, which was natundly led Iqr the 



laoe.] 



MmoiB OF upnamn aiAxaomzAU. 



8M 



t:i 



I 



i 



1 1 



SaltonstaQs and ths Endiootts. Its social life was, for the time, 
luxurious and splendid; its hospitality unbounded and marked by 
the charms and graces of wealth and cultivation. Federalism, 
too, gave the prevailing pcditical tone to the leading members of 
this wealthy society. The Essex Junto— to which their commer^ 
cial ancestors had been committed, and wliioh was ^the personi- 
fication of the desire of the local commercial interests for a 
stronger Federal Union,** led by such men as the Lowells, George 
Cabot, Theophilus Parsons, Stephen Higginson, and Benjamin 
Ooodhue— had tranmitted its extreme Federal ideas to a pos- 
terity, which was still keenly alive to the importance of oommeroe, 
and to the maintenance of a powerful mercantile marine, as vital 
to the national prosperity; and the birth of the Whig party, as 
the natural heir of Federal traditions and doctrines, found here 
many stalwart champions. The Essex Bar was still powerful by 
the talents and the number of its leading repre se nt a tiv es, of whom 
Saltonstall*s father was among the foremost 

Reared in such a community, amid such surroundings, and 
breathing such a social and intellectual atmos^iere, we should 
expect a youth who enjoyed its best influences and associations to 
give promise of a cultivated, high-toned, and patriotic gMitleman. 

The Salem Latin School, in which he was prepared for college, 
was a unique institution. It was maintained by the Town and 
afterwards by the City at the publio expense for the sole purpose 
of qualifying boys for college, and almost exclusively for Harvard. 
For generations it sent forth annually to that Mother of Learning 
a little group of boys who had figured well in the classes to which 
they were admitted. It had come down under varying names 
foom the eariy days of the Colony, and was, or had Uie credit of 
being, the firrt Publio School estsUished in Massachusetts, even 
antedating the foundation of Harvard College. ^'SekeU pMim 
prima ** was inscribed upon the wall opposite the master^s desk | 
and the name of George Downing, the seoond member of the Har- 
vard Class of 1842, and who en joyi, in the Quinquennial Catalogue, 
these honon — «« Knight 1660, Baronet 166S; Ambssssdor to 
Netherlands from Cromwell and Charles IL ; M. P.,** was ako 
there emblasoned as **tiie fint pupil,** as a historical incentive to 
our ambition. In the two eenturies that followed, As Sohod may 
have turned out many a worse scholar, but never a moce notorious 



, ,i 



asi 



THB wumiAL aocoenr or luasAOHUiKm. 



[Hot* 



tofn-eoat, than Downing. OUm Ctriton, a rigid diieiplinArian, 
but n most thoixmgli and faiUifiil teoelier, wm tho Master and the 
sole inetnictor in Saltonstall*s time. A single room and a lobbj 
lor disctplinsij purposes sufficed lor all die needs of the SohooL 
Hers we reoited« stodied, and suffered. He taoght hat three 
Aing8» Latin, Greek, and Mathematics, hot he tangfat them well, 
and what was not afawMfbed Tolnntariljr was poonded in. In 
serioos eases of delinqnenpj he spared not the iod»— the real, 
old^ashioned thing. He was no respecter of perK>ns. His mono- 
grm, O. K. O. K. O. K^^^Uk awful cut from OliTor Cariton's 
awful oowhide,**— >was tattooed with equal fidelity upon the aris* 
tocratao euticle of a Saltonstall or an Endioott as upon the hide 
of more democ nit ie members. His STenging wiath fell upon 
culprits without the least regard to the homes firom which thej 
or to the wealth or porertj ruling there. It was impartial 
death Hselft 



,M 



One of 8altonstall*s most graceful acts was his appreciatiTe 
Memoir of this faithful, and alwajs honored and belored, teacher. 
In ISIO, he entered the Freshman class of Harrard well prepared. 
Ko Saltonstdl in the nineteenth centmy could think for a mo* 
ment of entning an/ Ccdlege but Hanraid. There his father 
had graduated, in 1808, and each ot his anceston in fire suocss 
siTO geneiations, beginning with Nathaniel, in 1660, was en* 
lolled among the AlumnL Henij, a son of Sir Richard, was in 
the firrt dass, of 1642, and othen of the name among his collateral 
kindred were Hanrard's sons. An intense filial Iotc of the CoU 
lege, as his true intellectual mother, inspired him from the daj 
he entered as a IVeshmsn until fif Ij-four years after when, in 
MesBorial Hall, on Commencement Day, he spoke for the linger- 
ing remnant of his Clsss, and in woids of deep feeling, which 
tonehed Am hearts <rf aU hearers, he glorified the record of his 
sl amina le s , and at the same time testified the grateful recognition 
by the Alnmni of tiie matchlew senrices of President ^ot who, 
en the same day, esMMted the Twentj^fif th annirersaiy of his 
lemaikablu Pkeridsnqrt and it waswitii no little pride that he 
boasted Hwt an Us soM had added tfaeirnamea to tiie iUustrioim 



lilMIHB OF LEVEUOT aAI/TOHSTALL. 




• ^2 



^^i 




laos.] 



The period of his college life, which wae bringbg rapidly to 
its dose the long and honorable presidency of Josiah Quincy, is 
fondly looked back upon by the eldexs among our aurriring 
graduates as the halcyon epoch of its Ustory. No Tory material 
change in the cuniculum had been introduced since his £ather*s 
graduation forty-two years before. The siae of the classes had 
not substantially increased abore the old aTersge of about siz^ 
members, so that all of a olass were necessarily intimate acquaint- 
ances, friends for life, brethren by a dose tie. The College 
Faculty, small in numbers, teaching a few things well to all alike, 
were known through and through by all the students and honored 
or critidsed, islanded or ridiculed, according to tiidr merits. It 
was still Harrard College only, and the idea of the UniTcisitj 
had not been oonceiyed. 

In Tiew of the Tsried and multiplied necemities of modem 
life, the superiority of the new syBtem,as a means of generd edu- 
cation tor the aven^ of the yast throng of pupils that now 
crowd her portals, will hardly be disputed by anybody ; but as 
the prestige of any seat of learning must depend, not so much on 
the number of her graduates, as upon the number and charscter 
of great men among her teachers, and e^iecially among her 
Alumni, it will take another generation yet to determine, whether, 
for the production of these,— the true jewels in her crown,— 
the new system surpasses the old in efficiency and strength. Cer- 
tainly, it will be well for Harrard if she shall derdop in her 
graduates of the present haU-century, OTcn with their enlaiged 
numbers, men who, for the honor of the College and the senrioe 
of the community, shall ezcd Story, Shaw, Channing, Everett, 
Presoott, Bancroft, Emerson, Adams, Winthrop, Pierce, Hdmes, 
Motley, Hoar, and LowelL The discipline and the getwu Uei 
which produced such a list of worthies cannot be defq;iised. 

Judged by the same standard, the Class of 1844 was a great and 
famous dass. Out of a totd of aizty-two memben it produced 
four men who hare procured, each for himsdf, a niche in the 
Temple of Fame. Dr. John Call Daltcm and Professor Benjamin 
Apthorp Gould, by tiieir contribntions to Sdenec and William 
Morris Hunt in Art^ and Frsnds Parkman in IBstoricd Litera- 
ture, bear telling testimony for the nurture of which tiiey were the 
fruit Sdtonstill*s record and standing in ecU^ were higUy 



TRB OOUXnAIs SOCDSTT 07 MASSACMUiBrA'S* 



[Nor. 



iKnioimUev thcmgh wo eannot piciura him eTer as a yeiy hard 
student In the iocial life of the GoUeget which then, eren more 
than now, was a eonapkmona factor in moulding and developing 
pewoTial character, he must have been always a prominent figure, 
and haTS ezeieised a wholesome influence in the direction of all 
tiiat was true and pure and loTcly and of good report It was 
here, especaallj, that his commanding figure, his courtljr presence, 
his cordial greeting, and his loring sjmpathjr would tell and bear 
fruit 

Six years intenrened between his graduation and his admission 
to the Bar in Boston, but half of these were spent in foreign travel 
which enriched his mind with varied stores of reminiscences, and 
■Mde his company and eonvenation in after life so animating and 
ddightfuL 

It was my good fortune, after completing the usual course at 
tiie Law School, to apend a year as a student in his oflice, and I 
have always recurred to that brief period of association with him 
with great interest and satisfaction. He was then very young in 
tiie profession, but he had already acquired a considerable practice, 
was particukrly fond of Court business, and threw himself into 
what came to him with great eneigy and ardor, although he had 
not yet nuwtered, what some of us never master, — a certain stago 
fright, which almost universally overwhelms the young prac- 
titioner in Court His highly-strung, nervous temperament ren- 
dered him peculiarly susceptible to this lorensio malady. A posing 
fuestion from Chief Justice Shaw, always a tenor to tyros, or a 
hostile manifestation in the jury box, would send him back to his 
office at the adjournment of Court, in a state of excitement which, 
ior the time being, was a great strain upon his nerves. But this, 
it will be remembered, was at the outset of his career and was very 
tiansient His self-command soon asserted itself, and he had the 
Isculties and the qualities which would have surely led him, had 
he persevered, to a leading place at the Bar and especially among 
Juiykwjeis. Common^ense is the great fiu^ulty fcMr dealing wiUi 
joraia, and of this pse^equisite he had a full supply; and then he 
was a lliBt4ate speaker, and his commanding figure and genial 
1 Us unwavering fidelity to what was just and fair 
would have done the rest Juries dearly love hir 
pl^, and no man in Court or out ever played laiier than Saltoa 



18S8.] 



IfXMOIB OF LEVEBSTT BALTOVnXUU 



SG7 



^iJ 



^-^ .f 



■?-;; 

1 * V 

; i 



stalL There is one incentive that he lacked, without which, I b^ 
lieve, very few men in the world's history— you can count them 
all upon your fingers — ever attained to real and lasting eminence 
at the Bar. I mean the spur of necessity, for which no substitute 
in our profession has ever been invented. Success at the Bar 
demands grinding self-denial; a total saerifioe of ease and other 
enjoyments ; an abandonment of all those things which make life 
charming, until its attainment becomes itself the supreme charm. 
It is almost impossible tor a man surrounded, as Saltonstall 
was, with all the enticements and distractions of wealth, culture, 
and social eminence and the rarest domestic happiness, to turn 
his bock upon all delights and submit for a score of years to 
the hard labor and drudgery of the law. The old prescription 
for the young lawyer — ^*If you've got any money spend it, if 
your wife's got any spend that, and then work like a dog till 
you're Lord ChanceUor" — had no wisdom or sense for him. 
There was one other trait that stood in the way of hia profes- 
sional progress. He was too fostidious to submit with patience 
and equanimity to the associations into which the daily life of the 
lawyer necessarily brings him. He seemed hardly able to distin- 
guish between personal and professional association, and in the 
necessary dealing with parties and witnesses, and their too often 
sordid and mercenaiy motives and purposes, he felt that he was 
brought into daily contact with the things he loathed, just as the 
Uood and the pain which shock and distress might drive a sensitive 
young surgecm from any further prosecution of his profession. 

Turning, then, from Mr. Saltonstall's professional career, which, 
as I think, was altogether too brief — for the high moral standard 
and lofty tone upon which he always insisted, and of which, 
while he continued in the profession, he was a notable example, 
would have exercised a wide and wholesome influence^ we 
come to his public life, as a welcome and favorite oiator; as an 
eminent private citizen, taking a constant and lively interest in all 
questions that concerned the Commonwealth; and finally as a pub- 
lic officer, ranking among the best examples of the public servant 
I find that this ground has been so well covered by Mr. Codman, 
in his Memoir, written shortiy after his dsatfi for the Massachusetts 
Historical Society, that it is only at the risk of repetitictt that I 
can refer to the subject at alL 



ZHB OOLOSIIAL SOOnETT 07 UABBA OBVMSm . 



[Not, 



He mm a florid* fomfaley and aamett poUio speaker, and had 
dial leal lore of oialoij and of handling an andienoe without 
which BO speaker can hope to satisfy himedf or his hearers. The 
channs of his Toice, person, and manner, and his obrions candor 
and honestjr of mind, made his appearance upon any jdatform 
9M)st wekoiiie and agreeable, and often aroused gonuiiie enthosi* 
asm. It was, I think, on those ^Mcial oocasions which involred 
or celebrated snbjects or erents most dear to his heart, that he 
appeared to the best adrantage. His enthusiasm for Harrard Col* 
lege knew no bonnds, and when he spoke for her it was like listen* 
ing to a son [heading for the mother who bore hinL His services 
to his Alma Mater were of no mean ehaiaoter. I think it was 
laigelj doe to the influence of his spirit and advice that his uncle, 
Charies Sanders, bequeathed to the College the funds for the build- 
ing of Sanders Theatre, which has become so dear to the Alumni 
as the scene of all their gala dajs, and we maj be sure that when 
he drew his check as one of the Sanders Trustees for the payment 
of that beneficent legacy, his heart exulted with pride unspeakable. 
He served for three terms on the Board of Overseers, wiUi unfail- 
ing and intelligent devotion, and his presence at Commencement 
was itself always an earnest of his pious lojralty. As President of 
the Alumni, a post iriiich he filled more than once, he always 
maintained the grace and dignity of the occasion. 

A lew quotations from these addresses mi^ not be out <^ place, 
to show how he tluew his whole heart and soul into such a frivorite 
Ibeme. 

At that memorable oelefaration of 1886, when the College cele- 
brated her Two hundred and fiftieth anniverMuy in the presence of 
her guests, — the rep res e ntatives of all the great institutions of 
learning at home and abroad, — presiding at the Banquet of the 
Alumni, he said: — 

•«The growth of the Natkrn hi wealth and popuhOieo Is a miradle, 
but what sort of a eooatiy would it have been to-day, had It not been 
lor the ftM^-eeelog wMom of the fathers hi pleating this noble College, 
wMeh has been ths mother not only of her gradoates, bat through them 
•f sehoels and eoUeges famunerable all over our land? 
*«flers was kindled that beacon fire whose bumlog brands were 
up and carried Cram hill-top to hOl-top to Kgfat the way as far 

to-day hwks up to Harvard and 



18M.] 



xmcoiB or unrxun saliokstall. 



is gratofnl to the mother of generations of ths good and Isamed for the 
good work she has done. 

<* I never eater her walls that my heart Is not filled with psofeuad 
esMHkm. . . . May the day never dawn when such may eeass to bs ths 
feeling of her children for our Alma Mater I 

** Let us show onr sons how we tove her, that thej, fif^ yearn hence, 
when we are gathered to oar fathers, may repeat the eloiy to their 
children.'' 

In 1892, at the Commenoement Dinner, he said: -* 

** Troly, we love to recur, upon these anniversaries, to oar small be- 
ginnings in the never-ceasing wonder that sudi men and women shook! 
have left comfortable and loxurioiis homes with deliberate porpoee to 
found a State in the wUdemces. May the story never become thread- 
bare 1 I feel it a great honor to have been called to preside here, espe- 
cially upon two each interesting anniversaries as those of the fonndatloa 
of the College and that of the gradoatloo of the first CIsss. And I hope 
that as Henry Saltonstall, hi 1642, with that first Cbss of nhie, saU al 
Scholam Ordhiary Commons, witii ths msgistrates snd skUrs, snd that 
as all my fathers have in unbroken s o ccee s ion, shieoi received her bene- 
diction, eo may my eone' sons and yours, my brothers, hi gensrattons 
to come, seek her Uestiog, and when within her walls fssl, to ths very 
bottom of their hearts, that thsy ars standing upon sscrsd ground, with 
a silent prajer for oor dear old Alma Mater." 

Again, in 1894, when he spoke for his Class in irimt proved, 
alas! to be his pathetio fiirewell address to the College, after dwell- 
ing in words of touching and loving memory upoa the virtues and 
the honon of so many of his dsmmates who Imd answered to the 
last call before him, he 



'I 



**Mt. President, I am gratefd that my life has been spared till this 
day. Loving Harvard, as I do^ It has been a peeollar privilege to bear 
the tribute paid to the Presktent of the Unhrersity for his noble work 
daring the last qoarter-eentory. And on behalf of mjssif snd my vet* 
eran Class I desire to thank Mm. I was Marshal on ths oecaslou of his 
Inaaguratkm, and now stand here, with all Harvard Gradnales, to say, 
•Well done, good and f^thfal servant!' No maa, sfaMS ths f oundatfcm 
of the CoUige^ has done eo smeh ss you, sir. It Is a Une of good and 
worthy aMa who have presided over this ancient Unlverei^, hat jou 
have been given the opportanitjr, the coarage, and the geatas to place 
H upon tbis commanding height, and to have opened the gates aad 
pofaited the way to the Wgher edoeatioa hi thie eeuntry." 



jT 



t 

.;1 



... >N 



Buppj wiU It ba for Hamwd when her fons otti wmid their 
heart! et the blase of euoh enthusiasiii* 

So, too, on all Ihoee great ©ommemorative celebratiooi in the 

Tarioos towns of the Commonwealth which hie progenitow had 

had A htfge ahaie in fonnding, — Salem, Ipswich, Haverhill, and 

Watcitown, — where his presence and speech were in thcmselviai 

an inspiiation, his ferrid and glowing eloquence was replete with 

Incidents of provincial, colonial, and ancestral times, with which 

his mind was weU stocked. In Colonial history he was deeply 

seised, and had studied it eon amore. He seemed, in spirit, to 

have followed his progenitorB from their luxurious homes beyond 

the sea, to have dwelt with them in their more humble haWtations 

in the wilderness, and to have witnessed their pious undertakings 

for the good of the Colony from generation to generation; and, 

with • heart swelling with gratitude and pride, he poured out his 

liioiights on such occasions to delighted and admiring hearere 

whom the hour brought into cordial ^rmpathy with his own 

His relteious convictions as a Unitarian, after the order of 
ChanningThe maintained to the end of his Ufe, and in breadth 
and UbcraU^ of view he seems to have emuUted the wise example 
of two of his ancestois who, in this respect, were fairiy in advance 
of their age. When Sir Richard, from across the sea, sent n mcs- 
sage of indignant protest to Cotton and Wilson, the ruling min- 
irten of Boston, against their cruel and inhuman oppression for 
opinion^ sake, tcUing them how ••it grieved his spirit to hear 
ii^itsdl things are reported daily of your tyranny and persecu- 
tion, in New EngUnd, as that you fine, whip and imprison men for 
their eoBscicnces,- and adding, •*! hope you do not assume to 
vouiselves infalUbility of judgment when the most learned of 
tfie Apostles oonfesseth he knew but in part and saw daridyas 
through a ghMs;** and when, in a kter generation, another an- 
oestor, who was a judge of the County Court in Salem, refused to 

rit upon the trial of the alleged Witches, they exMbited a courage 
and A breadth of mind for hi advance of their times. I think 
we leeogniM « kfaidred liberality rf spirit and soul in Leverett 
whenwe find Urn, as President of the Unitarian Club, in his 
address of wdeooM to the Clergy on bshaU of the LaMy, In 1884, 



last.] 



MmfOIB OV; U^SBSTT BASJNfMnAJUU 



871 



I'M 



«• I eoogratahUe jo« on the present outiook f er the iald of Liberal 
ChrMaaity. 

•• Ws may now enter the portals of maoy other deaomhiatloas sad 
hearof tbe lore of God for bis chikhm where fomeriytbe veryreof- 
tree cracked and the raf ten groaned nndsr tbe terrible threats of tbe 
wrath of tbe aveogiog Deity. Tbe good work Is going on, and, tbanks 
to yoor noble and nntiring sfforts, it will not cease nntil, ia coarse of 
time, the disciples of Christ shall ask of each other more of works and 
lest of creed." 

There was one subject of a puUio nature Inidiich Mr. Salton- 
stall was far in advance of his age, and on which he did not hesi- 
tate to deohure, in repeated instances and in emphatic tones, 
convictions ; and these convictions are directly traceable, I 
to the oommeroial atmosphere of Salem in which he was bred, I 
mean the importance and necessity to the national welfore of a 
powerful mercantile marine, as a nuxseiy <^ oommeroe and of 
seamen, and as the only means ot securing to America her full 
share of the carrying trade of the wwld. He remembered the 
days bef<ne the Civil War, when our flag floated proudly on every 
sea and in every port He had heard from the lips of fother and 
grandfather of the time when tbe carrying trade d America vied 
even with that of Great Britain. He had seen tbe whole disap- 
pear during the War of the Rebellion, when our ships took refuge 
under foreign flags. He had witnereed what he deemed the stulti- 
fication of Congress, in not aUowing them to come back after the 
war, and in not permitting every American wlio can purchase n 
ship anywhere to put the ftig up<m it and to receive the pfoteotkm 
of the strong arm of the Nation for it, wherever it sails. He had 
searohed in vain in foreign ports for any trace of the Stan and 
Stripes where they once floated so proudly to the bieese, and had 
witnessed the miserable spectacle in the chief port of America, of 
all her vast foreign exports and imports being brought in and car- 
ried out by ships floating every flag but ours. 

Perhaps, at tiiis interesting time when our Navy has suddenly 
grown to be the seoond in the world, and we are beginning to 
wonhip Sea Power as the real souroe of national strei^n fow 
of his wise and for^seefaig utterances on this subject it may be 
appropriate and timely to recall In his address to the Boetoa 
Oianbsr of Oonmstes^ In 1888» he said I— 



^4' 



nt 



THB OOIAVXAL 80CIB1T OV KAS^AOHUBBTTS. [KvT. 



«« We an told llnl this daeay of oar tUppiiig Ium beea brooght about 
bf Mtoral cmmm: thai oihw oomnMudtiM cui baild thipt cheaper than 
America; that ateaaere have takeo the place of aailiog TeeeeU; and 
that the devdopneot of oor great interior by bnUding railroada and 
bfii«ii« ita pfodneto to the coaat ia far better and more profitable than 
Otfiyiag then acroee the ocean. Thia ia, I doubt not, partly true, and 
following aa it did the deetmctlon of oor magnificent merchant fleet or 
iU tale to England dnring the war, and the refneal of Coogreee to per- 
mit former ownert to buy badi their ihipe, together with the impoeitloa 
•f a Tariff tox which put a reto upon building othera, it prored an irre- 
fliatible argument. 

••But are we nerer again to attempt the reatoration of our ahipping f 
Lying between the two great oceane are we .forerer to be dependent 
upon our riTala to carry our aurploa producta to South America and the 
Entt f What then la to be done ? We cannot yet build ateamera aa 
cheaply aa they are built abroad, and hare not the akOled oOloera to 
^0Bim«~* them, nor can we, under our lawa, purchaae them abroad. 
The Tcry mentioa of audi a thing frightena aome of our poUtScal mag- 
Mtea out of their wita, and ia declared to be a deadly thruat at our ahip- 
buOdlng intereata. But thia aeeme the rery height of abaurdity. We 
import machinery until it can be conatmcted here aa cheaply aa the 
imported article. Shipe purchaaed abroad, placed under our flag, and 
•flkered at flrat, perhapa, by foreignera, would glTC employment durectly 
and indirectly, to tbouaanda of our people. Oor young men would aoon 
bnm to command them, our mecbaoioe would repair them, oor minora 
would aupply them with coal, and it would not belong bef ore our ehip- 
yarda would hum with the buayindoatry of boildhig them. The world haa 

mored on while we haTO been aaleep in the matter of ahipe. Ia it not 
high time to beatir ouradTea to the neceeaity of orertaking other nationa? 

««• Home marketa'aie all Tory wen, but thia RepubUo ahould not be 
fkna limited hi ita ambition, and ahould aeek toeend to other Buurkota 
ito aorpbM pfodaetiona. Thia can be dona, it aeeme to me, only by a 
Judkhma ledoethNi of the Tariff, and the repeal of ao nmch of the Nari- 
gntion Law aa pforeoti our buying ahipa abroad for the eatablkhmeBt 
•faa 



Tim tnditacoa of hia maternal a n oe at o w , who followed the aea, 
nae fnm the fbracaatk to the quarteiHleok, and retiied to bo- 
MM gnat ahipownen, fampind tiieae wofda. limy locall tlie 
Aiys whea tlm aaOa of Snlom ahipa whitened eTeiyaea,and oor 
irodl flag ionlad to ttie ionnM from their peaka on the ahotea of 



IfiM.] 



xsiozm ov unrBBXR flAuromTAiii. 



m 



r* 



ffc: 



erery continent,— the daya of her meichant pdnoea, the Derbya, 
the Ofaya, and the Crowninahielda, the daya of the foundation 
of the Eaat India Marine Muaeum, which gatfaerad the eoiiooa 
treaaoiea of the farthcat Eaat and Weat, brou^t home by Ita own 
memben, who moat, fat admiaaion to ita lanka, haTO aailed aa 
maaten or anperoargoea in an American ahip round tlie Gape of 
(rood Hope or Ca{»e Horn* Alaal there are no each men any 
longer ; the Society haa dwindled to. a half-dosen ootogenariana, 
the laat of whom will aoon haTO dipped hii laat cable. There 
are no recmita for ita ranka, becaoao thare are no American ahipa 
to make the required Toyagea, 

In the ten yeara ainoe theae worda were uttered, and eqM- 
eially in the three yeara aince hia death, the worid haa indeed 
^ moved cm,'* aa he aaid. If we aie to hare a great Nary to pro* 
teot our oommeroe, we nniat haTO a great commeroe to protect If 
we aie to gra^ and hold the ahazo ot Sea Power that belonga to 
ua, we muat have a great merchant aenrioe. The American people 
will not much longer tolerate lawa npon our atatote bode which 
prohibit the reaunection of tiiia great aouroe of national life and 
atrength. Such worda aa theee will at laat be heard, and aU who 
atand in the way of thii rising tide of Americaniam will be awept 
aaide. 

By good righti, a man ao gifted aa Mr. Saltonatall, and ao ad- 
mixMj adapted, aa the erent proved, for public office, ahould have 
been called into the public aerrioe at an early period of life • 1 1 ia to 
auch men of meana, and talenti,and puUioaplrit, willing to devote 
their eneigiea, their leiaure, and their patriotio apirit to doing the 
work of the pu Wo, that we may hope hereafter to look for the re* 
demption of our Civil Service* Such men maybe kepi in the 
background, ao far aa office ia oonoexned, by party machinea and 
party deapota, but their duty and obligation to atn^ public quee- 
tiona,and to make known their deliberate judgment upon them for 
the public benefit, ia alwaya imperative, and &dtonatall reoogniied 
and diaoharged tliia duty with un&iling fidelity. 

Whether we agree or diaagree with hia opiniona and pcaitiona do- 
dared in hia political apeechea,— and I have found but little in 
them with whkh I could then or at any time aince agree, «->no one 
can queation the true ring <rf hia patriotio apirit, or ^ lofty moral 
purpoae which alwaya actuated hinu There ia no doubt that he 



L 



174 



nm COLONIAL aociBrr or kassachusetts. 



[Not. 



would bare made a most useful member of Congress or a distin- 
guished Governor of Massachusetts* His character, his conduct, 
and his talents would haye adorned either station, and we must 
honor and approve the honorable ambition which made such places 
attiBctive to him. It has always seemed to me that from 1860^ 
to 1876 he was unfortunately out of his element in the Demo- 
eratio portj at Massachusetts. He seemed liko a gold fish in 
strange and unaccustomod waters ; as he could never fed at home 
with the eonstitoency of his native, county of Essex, when it pre- 
ferred to elect General Butler as its representative in Congress, so 
ho could not cooperate with the party in the State which after- 
wards made the same doughty soldier, year after year, ito candi- 
date for GoTemor, and finally elected him to that exalted office. 
It is not to be wondered at that he failed to follow the vast ma- 
joritj of his friends and natural associates into the ranks of the 
Bepablican party. Like his eminent father, he was a devout dis* 
dple of Webster, and the preservation of the Union, by and under 
the Constitution, and without the risk of any invasion of its £at>- 
Tisions, was the fundamental article of his political creed* 

The formation of a Territorial party, pledged to prevent the 
extension of shivery under the Constitution, was in the judgment 
of that School the first step toward inevitable disunion. Neither 
Webster nor any of his immediate followers could see that that 
other watchword of his, ** Liberty and Union, now and forever, 
one and inseparable,** could never be realized except by tlie utter 
destmetion of Slavery. It was the far-seeing mind of Lincoln tliat 
daariy discerned and declared that a house divided against itself 
could not possiUy stand. It was this view of the conflict between 
Freedom and Slavery —-so irrepressiUe that both could not con- 
tinue permanently to exist under the same sovereignty, but one 
or the other must go to the wall. Constitution or no Constitn- 
tioa — that repelled men who felt as Soltonstall felt from joining 
the new party. So he stood aloof and resisted, to the best of his 
power, its firsteffort to elect Fremont, which fortunately failed, and 
ooiild not share in ito supreme triumph in the subsequent election 
of Lincoln, But that he was absolutely sincere and honest in his 
eoBvictioDS, and at the same time loj^ to the core, appeared by 
his patriotie oonduetwhen war aetually came and the deadly assault 
m the Unaoa was delivered. 



1806.] 



ICXMOIE or KBVBBSTT iAIOOHfTAUU 



875 



ri 



h-; 



Webster did not lire to witness the terriUe spectacle which he 
had eloquenUy deprecated,— the land divided against itself and 
drenched in fraternal blood— and Lincoln's pfq»hecj proved true 
to the letter. TlMf Union could not be saved except fay that violent 
breach erf the Constitotion which was made by the Rnrnndpation 
Proclamation. But the same political party which finished the 
war on that issue and resU»^ Liberty and Union together, straight- 
way liealed that broach by the new Amendments. In the great 
questions involved in reconstruction, which divided the country 
for so many years, the opponento of the Administration stoutly 
mai n t ai n e d their array, and vigorously, and without discrimination, 
opposed every measure and every proposition of the dominant 
power. In this long c<mfllct Saltonstall took a prominent, and 
always a manly part, and his aj^waiance on the pktlorm was 
always greeted with welcome and appUose. It is i^easant to f mget 
these dead issues on which he wasted so much honest and eloquent 
breath, and to follow him into the aetire and highly useful public 
service to which, at last, in his riper years, he was summoned, and 
in the conduct of which he dispUyed great merit, fitness and 
ct^Mdtj. 

When the people of the United Stotes determined to celebrate 
the Centennial anniverBaiy of their Indeiiendenoe by an Industrial 
Exhibition at Phikdelphia, in which aU the States should be in- 
vited to participate, such exhibitions were substantially in their 
infancy in this country; in fact it was with us an entirely new ex- 
periment on any such grand and universal scale. It was to be held 
under the auspices of the Federal Government, which contributed 
•1,600,000 for the purpose, while the private. State, and munidpal 
subscriptions aggregated several times that amount The suoccm- 
ful Expositions of the same character, in previous decades, in Lon- 
don, Paris, and Vienna challenged America to do ite best in this 
generous rivalry at such a signal epoch in Its history. Whether 
the people of Massachusetts were not alive to the importance and 
vast extent of the projected entorprise, or were doubtful of ite ex- 
pediency and of ite probable success, ito Legiskture, at the ses- 
sion of 187S, made the wholly inadequato appropriation of 950,000 
to enable ito dtisens to partidpato in it; and this seems to have 
indicated a general apathy among the people of the Stato in regard 
to it But as the event proved, it was most fortunato for the 



trc 



TBB OOUmiAL SOCnETT OF 1CA88ACRU8ETT8. 



[Virr. 



Coomioowealth that Goremor Oatton teleoted Mr. Saltonstall as 
Chief ComnuMioiiar for Maatiichiisetts. His appointnieDt was 
•onewhat taidj— in September, 1875, onlj a few weeks before the 
final awrigninflnt of space for exhibits upon the floor— bat the 
Chief Commissioiier, impressed with the importance of the under- 
taking and of the State's doing heiself fall jostice in such a mag- 
nific . at competition with her sisters, and convinced that if she did 
so, her showing would compare well with any other section of the 
eountiy, put forth all his energies from the receipt of his commis- 
sion until the ck)se of the Exhibition, and, aided by many public- 
spirited Tolunteen, he saved the honor and credit of the State. 
His personal popularity and wide acquaintance, and lus interest in 
agriculture and educaticm, lent a sanction to the appeals which he 
made fay publie addresses and personal influence to enlist popular 
sympathy and enthusiasm. The result was highly ereditable to the 
State which he represented, and when the Exhibition opened, the 
flna display of her educational development and (d her marine 
interests and fisheries — always such important elements in her 
History — attracted great attention. He made a fine Address in 
Independence Square to the vast multitude which there assembled, 
on the day before the opening, in response to the call for Massa- 
chusetts. His manly presence commanded attention, his mag- 
nificent voice reached the outmost circle of the crowd, and the 
speech waii quite worthy of the appUuse with which it was received. 
His thought naturally ran in the higldy patriotic strain, recalling 
the great event which was celebrated, and the great men of Mas- 
•adiusettB and Pennsylvania who took part in it together, in Inde- 
pendence Hall, under whose shadow he was speaking. 

The thing to be noted in this, his first really public service, is 
Us personal devotion to it as a publie trust, and the excellent 
executive and administrative ability which it called forth. He 
could not have devoted himself with more seal, intelligence, and 
industry to the most lucrative private business than he did to this 
unaecustomed and gratuitous emplo3rment In a man already 
past fifty, who had led a life of ample leisure, this was very notice- 
aUa. Mooey«iaking, I believe, had never any ^Mcial charms for 
but this opportunity to serve his f ellow«itisens in a useful 
owmUs emphijfment he highly enjoyed and improved. 

Hardly had he eompMed tiiese iateiestiiv labois,when he was 



ISM.] 



mMoiB OF uvHsrar BAi/KntnALU 



m 




f? 



called upon by the Democratic National Committee to perform a 
most arduous, and certainly distasteful, public service, — to go to 
Florida and attend the canvassing of the Presidential vote in thai 
State in the disputed election d 1876. The terrible exoiteoMui 
which then prevailed as to the true result of the election can 
never be forgotten. Looking back now after the lapse of twen^ 
one years, in the cod after-light of history, it is imposriUe to 
deny that the partisans of Mr. Tilden had some grounds for 
believing that he was entitled to a majority of the electoral vote. 
Even those of us who then believed, and still believe, the contrary, 
must admit that. The practical suppression of the negro vote in 
the whole intervening period, which is now universally understood 
and admitted, had not then assumed its present definite form, and 
it was not unnatural for each side honestly to believe that in the 
disputed States, in districts where their advemries had control, 
such suppression or other fraudulent manipulatioa id the vote had 
been praotised. At any rate, the belief of unfiur play was md- 
versal among Democrats, and ahnost as universal among Repub- 
licans. In this predicament an imperative desire arose, among the 
constituted authorities of both parties, that men of tried and 
incorruptible integrity, representing both sides, should go down 
and personally witness the local canvass. To such a call from his 
par^ Mr. Saltonstall could not well refuse to respond. He went, 
and seems to have had a most trying time. He returned abso- 
lutely eonvinced that aggravated frauds had been oommitted,both 
at the election and in the official canvass, by which the electoial 
vote (d the State was awarded to General Hayes, and he so re- 
ported to the Committee which had sent hioL But it is not to be 
forgotten that Saltonstall was a strong partisan — always eon- 
f eesedly so ; that in matters where his feelings were enlisted his 
mind did not act judicially ; and tiiat quite as strong a conviction 
the other way was formed by honest men equally partisan on the 
other side. Fortunatdy for both parties, as I think, the truth as 
to the original fiwts will never be known, and History is likely to 
stand by the eooolusion of that noble Republican, G^eneral Bariow, 
who was sent upon the same nusskm by lus party, and who was 
always as fearless as he was honest, — that it remained doubtful 
whether the aetual vote east gave a Hiqrssor a Tilden majority; 
and this doubt will fbrsver uphold the decision of the Ueelonl 



t78 



ZHB OOLOJaAL flOCOBlT 07 XABSAOHUBETIS. 



[Not* 



Coaunifsioiiv tbat both ptftias and the Nfttioii must abido bf the 
aetnal return of the State CanyaMiiig Board. It was a most criti- 
cal period in the histoiy of the United States, when we seemed 
almost CO the reige of ciril war again* It was arerted by the 
patriotic and eonciliatofy spirit of both parties in c<mstitating the 
tribonal which was to decide the &te <^ both ; bat for oncy I must 
admit that the chief meed of praise for magnanimitj, both in mak* 
ii^ vp the Commission, and in submitting without question or 
mnrmur to its dooision, is due to the party to which Saltonstall 
belooged, which came out the loser of the momentous stake by a 
strictly party rote of the Commission. At the same time, I 
beUere that the general judgment of the people, which sustained 
the Republican party in power for the next eight yeazs, was satis* 
lied with the result accomplbhed. 

Mr. Sa1tonstaU*s adrocacy of a general Treaty, of Arbitration 
with Great Britain, upon Uie occasion of the Tisit of Sir Lyon 
Playiiair and other celebrated Englishmen, as the bearers of an 
Address, signed by their associates in Pariiamenti in hror of such 
a treaty, is worthy of record at this time when rulers and people 
of both nations are in favor of strengthening and fostening the 
lies of Uood and interest and dntj which unite us, and especially 
at the close of a war which, at the time his words were uttered, 
eeemed an absolute impossibility to our generation. At the Ban- 
quet given by the Commercial Club of Boston in honor of this 
British deputation, in 1887, he said : — 

** The mission of these people, representing ss they do 232 members 
of the British Fariiament, will, I believe, be referred to in the future as 
€De of the most interesting events in history, for bow can we doubt 
that It win be entirely snoeessfnl f The only wonder is that In this 
period of advanced eivflisatioa soeh a Treaty as is by them advocated 
shook! be neeesssry, — that two natloos so near akin as Britain and 
America, professed followers of the Frinee of Fsaee daring all these 
esntaries which have ekpeed since he preached the gospel of peace and 
brotlMriy k»ve, should feel that war eoahl, for any poesiUe cause, arise 
between them. Nor do I nrach bdleve that Great Britafai and America 
woald« without each a Tkealy, ercr declare war against each other. 

•*The series of negotiations and co m promises which settled the great 
aielteBKnt attendfaig the qnestloos of ths Steamer CarolhM, the North 
Boundaiy, the Oregon Boundaiy, and, above all, the Arbitration 



1808.] 



SODCOIB or LBVZRBrr SALIOHSTALL. 



879 



V >f 



on the Alabama Claims, whidi set the example to the worid of a Jast 
and honorable decision by a Coort of Art>itratloB of a greal, ezdUng 
qnostion which threatened to involve the two natkms In war, point to 
Arbitration as the sole method of solvbg all dillloultles, whsa diploBMcy 
and negotiations fail. 

** A great Nation of sixty millions of people, pointing to her psst 
achievements in arms, need make no further dii^y of prowess to 
secure its proper renown among tlie nations of the worid. The tele- 
graph, the press, the post oOloe, the railroad, the steamship, and, flmrs 
than all, the cable laid by our groat Anglo Saxon Baoe, so link ths 
nations together that it would seem that wars must cesse end hugs 
armies return to the work of prodnchig food for themselves snd thefar 
fellow men. All honor, then, to these besren of good tldingB, heralda 
of 'Peace oo earth, good will toward men.' We pledge them our most 
sealoos and anient support, nor will ws eeass our efforts uatfl they 
are crowned with snocess." 

Here, again, he was decidedly in advance of his time. The 
AriNtration Treaty negotiated between the two nations foiled in 
the Senate, and only three yean ago, upon the occasion of the 
Yenesuek incident, Congress, without a diuentang voice, phren- 
sied by the hostile message of the President, and backed, as it 
seemed, by the sentiment of a vast . majority of our people, was 
eager to spring to arms even against Great Britain. It was but 
a momentary phrenzy, and the easy and good-natured forbearance 
of the British Government made war impossible. But the great 
armaments of the W(H*ld have vastly increased, and are still in* 
creasing, and great wars still seem inevitable unless heed shall be 
given to the proposal of tlie young Czar of Russia— the last 
monarch in the world from whom it might have been expected, 
the ruler of the nation which has the least to lose and the most 
to gain by war — who now calls all the nations to a Conference 
for general disarmament and peace. 

The eight yean that elapsed from his return from Florida until 
the election of President Cleveland, in 1884, were quiet yean lor 
Mr. Saltonstall and, doubtless, the happiest of his lifs. Finding 
suflRcient occupation in the conduct of the many private trusts 
which the univerml knowledge of his steadiest integrity and 
fidelity imposed upon him, watohing and enjoying to the utaeost 
the development and settlement in lib of his childrsn, surrounded 



SM 



TRB CCyLOVIAL SOdETT OF MAflSACUUBfiTiiL 



[KOT. 



hj an that could enrich life and embellish it, with ample leisore 
for the indulgence of hia choice and coltiTatod taate for art and 
literatoTB, he mint hare been as happj as the lot of homanitj ever 
fitlmitti 

Bnt moreattning andaetiTe times were in store for him, and hia 
one enduring claim to historical remembrance is the reall j great 
record which he made aa Collector, for three Tears, of the Port of 
Boston, to which office he was appointed bj Mr. Clereland, in 
Norembcr, 188S, where he did brave battle for the canse of Ciril 
Senrice Reform as a champion in the front rank* Up to the time 
<^ his appointment he had been chiefly known as a partisan, but 
he had, nerertheless, constantly and consistently arowed his ^th 
in the absolute necessity of a radical reform of the Ciril Senrice* 
There was nothing in this inconsistent with his loyalty to party, 
for not only his own party, but both parties, by their Natiomd 
Platforma, had declared their derotion to this great cause ; but Mr. 
8altonstall*s ruling passion and distinguishing cliaracteristic was 
absolute honesty, and he believed in holding his party to its solemn 
TOWS, and* at idl eventi, would abide by them himself* No one 
knew tiiis better than President Cleveland and his constitutional 
advisers, one of whom. Judge Endicott, was his lifelong and inti- 
mate friend. In July, 1885, the President sent for Mr. Saltonstall 
and urged upon him the office of Chief Commissioner of the Civil 
Service in place <^ Mr* Dorman B* Eaton, who may justly be 
regarded as the pioneer and founder of this Reform in America* 
To succeed such a man in such a position might well be regarded, 
as it was by Mr* Saltonstall and his friends, not only as a deserved 
recognition but a very great compliment; but the duties of the 
office would have compelled his absence horn Boston, and the 
abandonment of trusts and duties there that were, at the time, 
imperative, and he persuaded the President that it was his duty 
to decline the office* But Mr* Cleveland was not willing to ez- 
cose Mr* Saltonstall from the public service, and his appointment 
as Collector soon Avowed* He took the position about pubUe 
office of any kind, that he would not seek it, would not lift a 
finger to get it, but that if it came to him unsought, and his pri- 
vate eireumstances permitted, he must accept ; and he did* Men 
Af an parties loudly i^ypfoved the appointment In fact, every- 
body was deUghted with it bom its manifest fitness, except eoljr 



lese.] 



ICXMOIB OF LKVEBJen SALTOmTAUL 



881 




S.; 



i 

r 

V 

I 

j 

'I 

'4 ^* 
< i 

H 



the spoilunen of his own party who knew tiiat, come wliat might, 
he would keep his word, and stand fast by the faith which he had 
professed. The reason for general satisfaction was weU stated by 
the press,— because ** Mr. Saltonstall was one of the cleanest men 
in public life.** The remarks attributed to the new CoUector in 
December, 1885, by the New York Evening Post, the leading ad^ 
vocato id this Reform from the beginning, are worth quoting:— 

*« After twenty-five years the Demoerapy is la power with the Civil 
Service Law hi force, and a Presideot the very embodiment of Civil 
Senrtoe Reform priDciples. Now, I go Into office with the Civfl Service 
Law to protect me from the whole Democratic party. Why, they would 
be upon me from the very hills of Berkshire. Now, I say to the office 
seekers, * Gentlemen, there are only a few offices and here are one 
thousand of yon. In regard to the great maae of derks I have, and can 
have, no more control than any of the gentlemen before me. I may 
find a derk hMompetent or unworthy of bis tmst and disohsige bim* 
Can I fill the vacancy as I choose ? Not at all* Up eomea a Civil 
Service Commieskmer who may say to me, **Here are four men wiio 
have passed the examinations and are certlfled for appointment Take 
yoor cboice.** Here may be men white or black, rich or poor, native or 
foreign-bom, Democrat or Republican, all equal before the law, and 
into that vaeanoy the Collector must or should pot the man who Is best 
qualified.' Here Is a grand advance. Every dtlsen who lovee his 
countiy shoukl support this law, and tlie party which dares to array 
itself against It wfll be k)st Other issues — the Currency or the Tariff 
— may affed the prosperity of the Natkm for a time, but by standing 
by this law we may do mors for the altfanate standard of the Natkm 
among the peoplee of the wocld than hi any other and all other ways 
eomUned." 

The same high authority pronounced this to be the true gospel 
of Civil Service Reform, and his great glory was that, in his oon* 
duct of the offioe, he carried out this gospel to the letter. When 
he took offioe, thm were two hundred and forty plaoee in the Cus- 
tom House which were within the dassified lists. In the first six 
months of his incumbency he removed only ten, and in every 
instance the vacanciea were filled by competitive examinationa, and 
without any regard to the politica of the oandidatee ) and during 
the same period, of ninety^even officers who did not come within 
the rule of dassificatioBf and whoso plaoos he hadnpetfeet rijriit to 



TSB COI^OOnAL lOCmT OF HAaBACHtmERt. 



[Hot. 



laoa.] 



JOEMQIB OF UBVEUBTT SALXOmTAIXi 



ass 



«t lii» pkainroi or to ndca loom for his ptrty^o mipportori, ho 
IhmI lOMOTod only atx, and tfaaoa for oauae, ratainiDg all thoao who 
waro oompatant and eapaUa* and had faithliillj perfomiad their 
official dotiai. Suoh a raoord waa without a precedent in anj 
other Cnatom Houoo in the land* and drew marked public attention 
to Mr. SaltonatalU who» on repeated public oecasiona, had declared 
that hi» conduct waa not onlj required bj the law, which he must 
and would obejt but waa antirelj in harmonj with his own personal 
coaTictioos aa to the principlea which the public welfare required. 
Newspapefs of the opposite partj made the false charge that he 
waa laall/ aenring his paHj, and waa filling Tacancies with candi- 
datea among those equallj qualified who had the strongest party 
backing. Tins charge he manf nil/ declined to notice or den/, 
until auch denial waa demanded of him hy a local Civil Service 
Reform Association of which he waa a member and officer, when 
ha rsluctantl/ published a moat modest, but emfdiatic refuta- 
tion of it. Soon afterwards the cormoranta of his own political 
parlj, enraged bj what thej considered an unprecedented reten- 
tion of the Mpoih which were their natural right, made a vicious 
and aavaga attack i^Nm him, which resulted in a displaj of true 
mettle and coumge on hia part, to the delight of all true friends of 
Beform and of the country, and placed him at the very front of 
the ehampiona of the cause which he had so nobly espoused. 
••What use to be Democrats at all,** said the apoilsmen, ^ if prin- 
ciples ao abhorrent to our ancient party practices, and to the Jack* 
aonian theory that to the victors belong the spoils, are to be 
carried out under our very eyes in the chief Rederal estaUishment 
in the SUte?** 

A test must be made whether the great party machine of the 
CoBUBonwealth or the Collector was the stronger power. Accord- 
ingly, a auboommittee of iti Executive Committee, armed and 
equipped with all the anthoritf which that august body could 
oonlsr, wailed upon him with the impudent demand ••to look 
over his list of subordiimtes and see how many of them are Ro- 
puUaeans and why they are retained in office.'' The Collectmv 
^Hlh true dignity, but, of coutm, in hia ever courteoui and 
gaatlemanly m a nn e r , refuaed to lieat with them or arrant them 
the information, if they came aa a committee of the Democratio 
jntlj or of any o«her political party. Ha took the ground that 






4 
) 



tor bis official conduct he was responsible only to the 

and the Secretaxy of the Treasuiy,and would recognise no account 
ability to any one else, not even the great Democratic party, whose 
creature and aubjeot they erroneously supposed him to be. He 
took, and held the position that the Civil Service Law was aa 
binding aa any other kw, and that he was bound by his oath of 
office to obey it; that if, un£(»tunately , the kw should be repealed, 
or the CoUeotorBhip remitted, by higher authority, to ita old statna 
of a party machine, he should fed compelled, by his ccmvictiansv 
to resign the office. 

In ezpUnaticm of his conduct to the public he further saids 

«« If I can conduct the ofltoe for the best interest of the govemmMit, 
and at the same thne raiM it to the position it should permanently 
occupy under the Reform Law, I shall consider that I hare been of some 
service to my day and generation. I consider that the very existence of 
the Republic depends on this or a better Uw. It has its faults and can 
be improved, but, on the whole, is efficient, and I have found it so in 
lU workings. With one or two ezceptkms I have not drawna single 
man from the dvU Service Listo that has not proved not onlj accept- 
able, but eminently to, for the position to which he was appofaitsd. 
The party that succeeds in carryfaig out and making permanent a thor- 
ough reform of the Ctrfl Servioe, and In ledeendng the countiy from 
the Spoils System should and will, hi my estimation, receire the gratft* 
tnde of poeterity." 

The friends of the Reform throughout the country took new 
hope and courage from this truly magnificent positicm of the Col- 

lector, and it is needless to say that even the manageis of his own 
party were convinced, at least, that it was impregnable, for, when 
the State Committee reported their grievances to the next State 
Conventicm, that body gave them only the cold comfort of renew- 
ing the old pUtitude about dyii Servioe Reform, wi& the qualifi- 
cation ««that «oiFensive partisans* should not be permitted to 
remain in office.** 

Mr. Saltonstall continued to dischaige his duties aa Colleotor by 
the same ri^^teous and commanding atandard, to the Imnyin fft 
satisfaction of the whole country until after the inauguration of 
Preaident Harrison, who, regarding ibe office as a political one, and 
ita incumbent aa the peraonal repreaentative of the President in 
the State, called for his resignation; but Mr. Saltonstall took a 



J 






S84 TBM ooumAh ■ocntTT or IOSSAOHOTBTW. [Hot. 

PMidoifs letter of aeceptaiioe -that fidelity «hI efficiency ■hould 
be the eeeentkl teet of ^ointment, .nd thU only *>»• «t~~5 «' 
«fce publiD eerrice ehoold eoggeet remoreb from office, ««'«»«> 

««J^. This nnfortonrte diffeiewse of coa»e teminatod in the 
spD^taent of a new Collector in his jAaee, but hu reUiement, 
«^ed^* under sneh ciicumstances, sttiacted nnirend attention, 
aUSalued forth the most emphatic encomiums upon his spoUess 
and noble peisonal character and official record, which ''•"J'*'* 
bt more tThim than any office, which must have greatly cheered 
his subsequent yearn, and which his chUdren must cherish as a 
,«od «SK«ial,^-ti- most«gnal of all being a »•"?' "J"^ 
lieariy two hundred of his feUow eitiiens of aU pohtical parties, 
who embraced aU thai was best and bravest in the dy where his 
good work had been dooe. indorsing his conduct, thaiJung him 
toriBie great serriee he had rendered to his country, and inviting 

Urn to • pubUo dinner, which, however, he felt coostreined to 

doclino* • . 

After retiring fcom office, Mr. SaltonstaU spent the remaining 
yean of his life at his delightful home at Chestnut Hill, in absolute 

domestic felicity, surrounded by all that could make home happy. 
He kst neoe of his interest in public affairs, but there was no fuiw 

ther occasion or opportunity for Um to take an active parfc Ho 
bdd Important positions fa many oharitaUe associations, to which 

he was always devoted, and where he exercised great influence for 
good. He now resumed and comiOeted a great labor of love whidi 
for many yean had occupied much of his time and thought, — the 
piraaratioD, for private distribution among his kindred and friends, 
«f atouly magnificent book — The Ancestry and Descendants of Sir 
Bidmrd Saltoostall of New Enghmd— oontafatag mostcareful and 
liitereslfag narrativea of the lives and services of the most distin. 

nished memben of the family, embellishsd bf their portnits by 
fawnsartista, which had been tte preckms ornaments of his house. 

Ik is • valuable eontributifln to American History as wdl aa to 
MOMkigioal km. His design was faithfuUy executed by his eldest 
ML^Iw Us death, hy Its pnblleatkm at the Rivenide Press. 

My last Besting wiUi him was after Us last Commeaoement 
DiMsr whe« we ehoek hand^ ae he got toto his wagon with his 
.n ii»»d AlnnL todrivato Chestnut Hill, little thinking 



imt.] 



MBfOIB or IBTXBBIT BAlOOKnAVL. 



885 



>a 



'■ ■ i 
Vi 

r - u 



> 



;i 

4 



(, 

I 



that he would no moie set foot opoQ tliftt*«Mofedgroiiiid.^ Veij 
soon afterwards he waa overtaken bj a mortal diaorder« which he 
bore for montha with that calm resignation and cheerful hope which 
we should hare expected of him after such a lifst and in April 
following he was gathered to his Others, leaving nothing in his 
record to regret 

After we have told all that he said, and all that he did, there 
it much about him that tongue cannot tell or wotd describe. 
Tliere was a strong and &scinating personality in SaltonstaU, which 
attracted all with whom he came in contact in every relation of 
life. The eye must have seen it> the ear must have heard it, the 
heart must have felt it, to understand what I mean. Huntington*s 
portrait of him in the Custom House, painted at the invitation of 
the same citizens of Boston who had tendered the banquet which 
he declined, gives only an imperfect impression of the living man, 
for though a very good painting, there is quite as much of Hunt- 
ington as of SaltonstaU there. The magic touch of a Rembrandt, 
a Lawrence or a Copley, or the subtle hand that painted Silence 
SaltonstaU — on whose features handed down through seven gen- 
erations ho loved to dweU — might possiUy have transferred the 
real roan to canvass. It may be truly said that everybody respected, 
honored, and loved him, and that he deserved it alL WJule he 
was manly to the very oore, his heart was tender and sjmpathetio as 
a woman's. Nothing can repair the loss oocasicmed by his death in 
the household of which he was the head and the souL And each 
of us who were his friends and associates, as his image rises befoia 
US| may ever bwathe tiie constant sigh— 

" If 7 [pkaitnt] nrfghher font bafoie 
To that vnknowa tnd lileBi shore, 
SiMinwoiioi 




-, ^ 

h 



I 



I i 



OQunnAL tOGon or juaaAOHUiRn. 



tfiao. 



DECEMBER MEETINO, 189a 

A Stated Usbtiko of the Sodety was held in the Hall 
of the American Academy of Arts and Sdencea on 
Wednesday, 21 December, 1898, at three o'clock in tiie 
afternoon, President Wueslwhioht in the chair. 

The Baqords <rf the Annoal Meeting were read and 
ftpproved. 

The Rev. Hkxbt A. Parker then made the following 
oommnnication : — 

Palfiey, hi bis Hvloiy of New Enj^and (iL 485), writes of the 
Qnakerss — 

*• Sooner tbsii pot them to desth, It were deirootlj to be wished thst 
the anoojed dwellers in Msssachnsetts hsd opened their hospitsble 
drawing-rooms to nsked women, and suflTered their ministers to ssoend 
the pnlpits bj steps paved with f ragsMnts oT glass bottles.** 

Oliver, in his Puritan Commonwealth (p. 210), writes : — 

**Thsir BMlhods of pvophesjing had in them something disgusting 
and hnlierons. Women wonld go naked throngh the stieets , shouting 



And so other writers to the same effect, conveying the impression 
that immodesty and indecent exposure of person hj the Quaker 
women were common, and the occasiont indeed, of the persecutions 
inflicted on the Society of Friwds. 

Colonel HaUowell, in his Quaker Invasion of Massachusotts,^ 
shows tfaat^ so far as is known, there are, at most, but three 
instanees of Quakers ever voluntarilj appearing unclothed in 
pnbtte; that beCore the Arst hMtance of this sort, the Quaker 
women bad been abominably treated by the Massachusetts Bay 
anthoritios; and that one of the unfortunates whose actioos have 



* Ihs QMhsr Infarien sC 



(teoond edithw), p^ 71, SS-lOi 



>r. 



18SS.] 



RmfARKS BT BBT. HEHRT A. PABXBB. 



J87 



given occasion to such scandal was a young woman iriio was not 
long after adjudged by the court to be insane. 
The first instance of this sort of thing is that of Deborah Wilson, 

a convert to Quakerism, who ai^wared naked in the stmets of Salem, 
in 1662,— afterwards adjudged to be insane.^ 

The second insUmce is that of Mn. Lydia Wardwell, aboa Mas- 
sachusetts convert to Quakerism, whose husband had been much 
persecuted for his region; she came naked into the Newbury 
Meeting House, in 1668.* 

The third aUeged instance is from Plymouth Colonj, and is 
twenty years later. In this case Jonathan Dunham and Mary 
Rosse weie the chief actors. Increase Mather*s account of the 
affair* is not borne out by the Plymouth Court Beooids,« in which 
nothing is said of any lack of sufficient clothing on the part of the 
participants in a queer religious orgy, which was confined to a pri- 
vate house, nor does it appear that the actors were Quakers. 

8o far as I am aware, no other instance of this kind among the 
Quakers has been brought forward in this part of the world. 

However, the members of the Society of Friends are not exempt 
from the chance of mental disorder, and a curious instance of the 
same sort of impropriety of which Deborah Wilson was guilty at 
Salem, in Ume of perMcution, was repeated long after, in Rich- 
mond, Virginia. The different way in which the matter was there 
dealt with, and some peculiarities of the narrative, seem to me to 
make the affiOr of some historic interest. All that I know about 
it is the following record under date of 28^ 2^ 1792:-* 

I The Qnaker Invasion of IfMnohotettt (woood edition), p. 101. 
« Ibid, pp. SS-IOI. 

• An EMay For the Reeordfaig Of Illnftrione PhyHdeneee: Wheiehi, An 
Aeeount it giTon of many Remarkahle and jwj Memorable Eventt, which have 
happened hi thia Uat Age ; Eapeeially in Xew^England. By Inoiease lUther, 
Teacher ol a Chaieh at AmAm in ^tf w-En^teiKf . [Qnotationt from the FMme 
criLS; ezlr. 4.] Prhited at Boston hi Ntw-E^gland, tad are to be told br 
Oe^ryi CnlnH at the Sign of the Bidfmmn in Arab CWdlt*^, tmi^ 1 SSI, 
pp. S15-S47. The tale WM repeated, eij^teen years hiter, by Oottoa llathsr, 
hi the UsgnaHs (edition of 1702), Book rii. chap. lT.p.SS. Jonathan Daa- 
ham, dKoi Singletsny, b lefsned to by Unther, with Us nsnal fawooanMT, 
ssMDnnea." QT* neniylfaitynDextsr's As to EogerWlUiams (Boston* lS7n 
^195; and Hsllowell's Quaker Invaskm of llsMsdMsstti^n.7S. 

« F^ymooth Colony Beeordi (Jnly, 1S89), tL IIS^ Ui. 



i«~«i«^M^M* ■ a« 



THB OOLOiaAL SOOIErr OF MASflAOHUSKnCL 



[Dm. 



•« Lodged At Tbo: H«nis*s.— >Tliis Friend latdjooDoelved bim- 
•elf conrtriiiicd to pan maoj Tiiiieo tliroqgh the Towd of Riob- 
soad eatiral/ aaked witliottt ottering an/ Wofde, he Is altogether a 
•eoeible, weU iBcUaed Friend, once bj Order ol a Jnetice (eo caUed) 
he wae eererel/ whipped in the Performanoe of hit said apprehended 
Datj bj the Hands of a Mulatto, whieh bowerer was high]/ reeented 
bj tbe Inhabitants, this Mulatto was instantly made to feel the Weight 
of a Cart Whip rwy seversljr bj a dutch Carter who was transientl/ 
passhig alongt another Tfane Tbo: wae conmilited to Prison where he 
leanincd sone Hme^ A another Tbne he wae carried to the Citj of 
Willfaunsborg A examined whether he was hi his Sensee or not; and 
thoee who examined him proooonced him better in his Senses than 
were thsj who brooght him, k so dismissed him, A think he never 
anffeted an/ on said Aooonnt ai^ moie, thoogh oftea concerned to 
appear in that Way."* 

Is there aajthing more about Friend Thomas on recoitl? With 

* This seeonat of Thomss Hsnii^ mi sfo t to ae s it from the Diaiy el James 
IdiBagB, aa secepted minister and in his day a preacher of mijwh repataiion 
aamog Friends. The Diary it a hssty prirate reeord of an extended presehing 
loOT in Maiybuid, Virginia, and North CaroUna. la 1872, 1 copied the original 
■maatcript, then in the pomettion of the kte Rer. Charlet Aognttat Iddingt, 
eC Montgomery County, Maryland, the writer^t grandton and my uncle. It may 
be of interMt to add the following, at tbowing in what ettimation the Quakers 
hi general and tbe writer fai particuter were heM hi Richmond. On the third 
day after Ms lUy with Friend Harris he writes: — 



rode SS MOei to the Hhr of Riehmond, bad Meeting tliere next Day 
vyek«ae4»«ftlieMa4t««ftlieiroek: w« met wMi a graH MaMtade «f the la. 
haUtaaleia the co«aMmCoart Roma: bat Jaot at wa took Seali a MoMge caaw from 
lhiPtenaaoftlMPIaceiBronainff,altlioaKhlMhadappoiBted to rreadi in the Capitol 
(a targe Room aadit the maM Roof where the General AMemUy met) he iadiaed to 
giva II ap to Ffieadi^ tbh wae a very hwgeaad elegaat HaH well adepted aa to Oal- 
Maa, Saata, Ae^ wae very crowded, maay atoed, all behaved pretty well ; ... the 
r, great Mea A aoae thought aear all the lahaUtaata of the IWa were them." 



lag to 



to the tabjeot, I may add that Iddingt wat a strong 

an t ielaf fry man, and on tUa Journey had trouble on one oeeation from yields 

the courietfou that it wae hit •• Duty to tpeak phdn on the Subject of 

keeping.** Ha it taid to bate kept a reguhw atation el the «Under> 

~ Railroad.** 

verriAed g eograp hj of hit, printed by WDUam BhMk, at Wihnhigtoa, 
hi laHars thtee rather good eoupleto on the subject s — 

'IfpmdanaMahiaaycaw^ 
Thaatoeaatevethehi 

paidoB theae will 
the 



Ina 



M6.] GOT. HOFKOra^g HABCTORD ROHOOL 81O0K. SM 

aU respect for the authoritiea at WilUamsbaig, I imagine that hia 
after history went to show that the impulse to this, his apprehended 
duty, which he so conacientioasly performed, was followed by other 
impolaes that charity could ascribe only to a piogressi ve insaniij. 

The paper waa diacoaaed by Messrs Andrew MoFarlakd 
Davis, William Watson, and Andrew C. Wheelwbioht. 

Mr. Hbnbt H. Edes communicated an original Aocouni of 
the ''School Stock*' given towards the mumfimaisy^ of ^ 
Grammar School in Hartford, Connecticut, hj the Tmateea 
under the will of Gov. Edward Hopkins. 

The text of this paper is as f ollows : — - 

An Aeoompt of 8cbool-8toek in Unds and Monys Gifea towaids 

mahitenanoe of a Grammer School hi Hartfoi4, behig now by oider of 

the School-CkMnitty comitted to James Biehsfds to make Beeoid and 

keep aa aceo*^ of: Tii! 

Impr- M' Edward Hopkias (by the Feoffees k IMt fer «i^ o# his 

Eftate ia New-Eqglaad) for pronotfaif Learah^ la theft parts Osft 

veto Hartford Poor Handrsd I\Mnds ; Tii! 

In the Farm on the EaA-dde the gfeat-Rlrer. S70*^ ) 

InnionysthatpwchafedLoTeridge*shoofeAhooielott,90^JJ* • * 

In monys which bunt part of ths8chool-hooie-40 J«»iOQtOSi 

A Generan Coort of Election the IS^ of Mi^. 1$$0. 
Edward HopUns Eiq! Govemof 
IT Cnlliek, Mag. A Seof' 

HfHopUna 
Donationto 
School 
1650 

Bemarks upon the various Hopkins Foundations were made 
by Messrs William Watson Goodwin and Chables PtoK- 
EBoro BowmroH.* 

tJ.?!!!^''^^ ■«idI«iys^|ajed,to tUsdiy.by Ifow Ha«en» 

^^Mneotiea^ftndbyHadkyand Ctabridss hi this CMnaMnwaslth, as waU ss 
by HsrranI OoUege. ^. Bowditoh hss printed, hi a psanhlet ef SS nsasiL 
An Acoonat ef the l^nst sdajajitsiid by Ths T^wtsis d ths Chari^ef 



w 1 






■ M 

y 

s 



SM 



THB OaLOHIAL 800IETT OF MAaflAOHUIBni. 



[DbO. 



Mr. Ede8 also communicated an original letter irom 
Hexekiah Uaher to the CommiBsionen for the United 
Cokmiea leipecting his disbursements on account of the 
printing, binding, and distributing of Eliot*s Indian Bible, 
and Usher's Account of his financial operations in connec- 
liiMi therewith, and with other Indian books.^ 

These papers are in the following form: ^ 



Bostoa: Mt Atig: im 

9F Seraioe p^mlied 
I sa bould to troaUe jo^ with tlie Inelofed sooo*^ denriog la ths 
BM>ft coBoesoient SesAm to p^fest tbem wiUi mj leraioe to the 
HoB*^ ComaiUnoDert, bsneing relation onl/ to whst hsth bine di^ 
bnrft bj me* e3KoeptiDg fomt SsDeryes thai art In part A ifholj 
pajred mhkk I bring not to the aooo^ inclded being afnid p'ticaler 
esder will In feafon bs gloen forth for the dlfooontlog of the ianie, 
one Ballanoe of aod* made rp the IS? 7.6S w*^ j* Hon*^ Conunil^ 
fioners, wae reathig due 504' lS/4« w*^ was to be payed after Urn 
ndte of 25^ V C adaano; And att the fiua tine I reoelned a biU 
of £r for 400* w«^ BUI was accepted bj the Hon'' Corporatio, n^ 
I bane glaen the Aoe* C for H with aUowanoe of 12^ r C aoooid- 
ing to agremS of w<^ I am to make paym* according to Tfeall falle 
of goods for Cafh Itt Is mj defire that when the 604' 18/4« Is 
pajed of 9 1 maj know to whome I may pay according to the laft 
agrcB^ that I may gine not offence when I act according to order I 
haTS here with fent accT, of w** Bibles were printed A how difpofed 
deflring yoi" fnll order, for the dirpofeall of them that ar restfaig, 
y^ will find one ths aceo*' w~ I font to Engid A w~ I bane bd Tpp 
A ddiuered to n^ EUbU order, whether H ht j& pleafare, bis 
cider for ths dlfpdelng of them, be by me attended, one the aoco^ 






Hopkla% el wUoh Boefd he k Seeretaiy and Traaamr. The Ap- 
p wee r rm mndi addltioMa matlw of InterMt and Tihie, blinding 
of Governor Hopklnt't WO], and Lists el the Trneteei^ Ofltoen, 
Be w iS cier iet nader the IVast 

aeomuitoC Uiher and bin work on the ladlaa Bible may be lead fai 
i*b Hkloiy e£ Priati^ fai Amarka (edition e£ 1874), L 64-^, SS. The 
t el IMMf's Aeeonnt wbkb thm appoan (p. ST) fainliheo bnt lew of 
the partkakfofoandksw teat Cjr. nymoath Goloiqr BeooHi^ s. SIS-SU^ 












I 



»■ 
* 






■5 



1. 



4 

f 



isoc] CBABOss FOB vuxsTDM Buoi's nmzAjr BOOKS. aoi 

yc^ wlU finds 42 Bibles boynd, lor w<^ the binder was allowed S/r 
? Bible w*^ be complalnee of A pfefleth he cannot Ihis one It, hot 
dsflreth S/« V bible to be allowed w«^ I leaue to yo^ Hoo** to 
aprooe, I bane still velUng In my hand of the prfaiting papf 61 Bf 
w*^ Is all times redy for yo^ iemlce ; not mindeing any thing farther 
of ooncemm* to trooble The Hon^ Codks : w* ^f^^^v g y^ Wgb 
coocemm*s to the lord[*s] giidanss I tsk leaae & mil 

yoF Ssffie HeseUab 
lJddr$$$§dl Viber 

For his 
HdoP* fVend mf Thomas 
Damf orth to bs 
codtoi nl csted [^VM] 

totbeH</* 
Godkiist^s 



irVsheisI/ 
Ai^iee4 



IL 
In Boston ths S7 August: Anno 1664 

MBB— aaaaas i ii ii i ssssssaeax 

The Honorable: CommiflioDen: are D* To MB 
HeseUah Vther Seaio' for y* SereraU difborimsnts 

ssfok>weth*vii': 

To paym* to IT Chancy after y* Aseo^ hi the year 66 

was ginen In 6 

To payment to IT Day for mending the pieAe • • « • 

To S Chefte for Bibles sent to England 

To paym* To if Shearman V M' Danfcrtbs ord^ ... 4 

To S New Chafes t 

To S Dofeen of Sklnes for Balis 1 

To printing y* Epiftle Dedicatoiy 1 

To printing y* Indian piahnes 16 Shots i' ? Sheet . • • 66 

To printing IT Baxters Call q* * 6 Shots 60* ? Sbst • • 10 

To printing 6 Sheets of y« PfiMlter . . SCfShstt •' 6 

To paym* of Cap^ Gooklnee BiU for Wode t 

To yeares Boasd of M' Johnfim y* printf 1664 • • • • 16 

* Tbii fofauao wao printed In qnorto. 



11 10 

6 -- 

10 -- 

6 — 

4 -- 



16 4 



( •. 



<i 



tJ 



THB COMinAIi •UCUBfX OF MAmACIIiUm'Ti* 



[Dm. 



laM.] 



A HUB Ain> OBT* 



TV» pidc nnad and DijIMf to pidc 7* lid Biblit ill • 1 «ft — 

To pMthaf to U'Qno%. i -6 

To ptjn^ of fioAl h jer for evylmg A leeirTiag • • • • I « ^ ^ 

pfsjeruidBibiM / 

Tb Biodlof Md OftTpiog of iS BIbiM At r-f« ? biblo • 6 «5 — 

To 8oadi7 Bookct as V Aooo^ »7 19 » 

£1>3 07 10 

w • • • • 

Ifainclioietti 
IP Hes. Ufliert Aeeoonl 
witk Oodkiisiotf' 

Aognft 27ft 1664 

Mr. Jomr Noble read eztracto from the following paper 
oo the ancient Hue and Cry Acta of the Edwards and 
Elizabetby showing the evdution from them of some modem 
criminal laws and processes. 

A HUE AND GET. 

Oocasionallj, some old custom or practaoOy disused for yean, 
crops out anew* changed and modified, bat with reminisoences of 
its original features easily recognisable; or some old process of the 
law, long obsolete, seems, in some emeigency, to haye a brief 
and soddMi resurreotion. In the latter case, it is curious to see in 
how many points there is a resemUanoe and suggestion of the old 
process and eren a reproduction of its leading chanictoristics, and 
at tiie saaie time to note what changes the spirit of a modem age 
■Hikes in ito methods and in its results. An instance of this ap- 
peared a short time ago in the Boston morning papers. Cutting 
down the long-extended narratiye there giTcn,— 

**8nA a ■ao-bunt,'* sajs one, **as oee rr ed yesterday aftemooo la 
I>ofchestflr, has not beea cqoalled la that District before, and It Is 
doubtfol If its Blra has Many times bcM seen ovmi la the CItj Itself^ 
War ofir a Bilai aearly one haodred dtiaeaa aad four poUcemen, 
together with two aea with horse aad boggy, chassd a fleelBg erimhial, 
who was iaally eaptared aad earrisd to the statioii hoass." 

The diseofeiy of the buiglary, the offender taken in the act, the 
the r e sp onse of a passer-by, the resistance emphasised by 



•i 






I 






.K 






pistotsbots, the flight, the puisuiti the shouts and cries, the wind- 
ings and douUinga of the f ugitiTC, the growing crowd of foot and 
horse and offioen of the law hanging upon his heels, the final cap- 
ture, when the jvisoner, safe and unharmed, is turned over to the 
authorities to await his trial under the laws of tiie Isnd and in 
due comse of impartial justice, — all are set out with the intensity 
of style and exuberance of detail that characteiise the news re- 
ports of to-day. Here is a Hue and Cry, the remedy of primitiTe 
times, suddenly and spontaneously evolved out of quiet and mat- 
tor-of-faot surroundings, by the emergencies of the occasion; and 
if we strip off the embeliishments of the reporter, here are many or 
most of the external incidents and elements that belonged to it in 
medieval times; but the essential differences are as marked aa 
the similarities. It has seemed of some interest to consider this 
old process of the law in the shape it took in the thirteenth con* 
tury, and in later times, down to the nineteenth, and, in a single 
case, in the eariy days of the Colony. 

The process itself is one of the earliest known for the a^iirehen- 
sion and trial of offenders^ It existed under the earliest Common 
Law. Ito origin is in the remotest periods of EogUsh history, but 
where or how is lost in the misto of unauthentic history and 
tradition. In ftu>t, it aprang naturally and instinctively out of the 
conditions of an uncivilised pec^ile, — the first and most obvious 
method that occurs to primitive human nature. Its first reoogni- 
tion in the Statutes, or rather in statutes still extant, seems to 
have been at tiie very beginning of the reign of Edward I., but, 
according to the earliest English writers upon law, it existed long 
before that date. Coke speaks of ito great antiquity, in his 
Institutes,^ and a Note refers to— > 

«« the Author of the lOrroor writing of the aoaeleBt laws before the Coa- 
qoest" as mentioning ** a hoe aad cry.** * 

Oknville is also quoted* and Braoton.^ The Note goea on to 
say.-- 

«« And It Is one of the artldes of that aaaolent Court of the view of 
frankpledge (of whose antiquity we have spoken before) to eoqohe 
of hoe aad cries levied and not porsaed'' (Mag. Chart e. M), and. 



» Coln»t iBstitatM, II. «. Isl N. (1). 
•Mlnonr,e.LfS|e.S.f C. 






tM 



THB OOLOJIIAL SOOIErr dW MAflSACHVBBTn. 



[Dae. 



ciliaf the old writen, ke Mjt, '«AU Umm Antboritiet were before tlie 
maSdag of oor Act» and therefore U wm tmljr Mid, whoerer eeid it» 
•IVrveriMCa Afiifianm kg$ mmeUuM ei</ Of thie boe end or/ oor 
▲oMiettt Aatbors einoe oor SUtete bare eleo written.** * 

la Ui Third Institato, Coke giree an ebbonto aooooitty and 
devotee s whole ohapter to it,— Do Hnteeio et Clamore, Of Hoe 
and C17.* 

Bkekelone*a aoooont of Hoe and Cry, in its later and regulated 
fonn, ie ae foil and olear ae an/ : «!— 

**Tbere fe jet aootber epeelee of arreet, wherein both offlcera and 
pihrate men are eonoemed, and that fe upon an bne and cry raited apon 
a felony ooamitted. An bne (from Aner, to eboot) and ery, kmMwm 
M daaior, ie the old eomnMNi law prooeee of parsning, with bom and 
with Toiee, all felone, and each ae bare dangerously woanded another. 
It ie aleo mentioned by Statute Westm. 1. 5 Edward I. 0. 9 and 4 Edw. 
L d€ ojldo earonaiarU. But the principal Statute, relatire to thie mat* 
ter, ie that of Wfaichester, 15 Edw. I. 0. 1 A 4., which directs, that 
f rooi thenceforth ereiy country shall be eo well kept^ that immediately 
open robberlee and feloniee committed, freeb eult eball be made from 
town to town, and from county to county; and that hue and cry shall 
be raised upon the felone, and tbey that keep the town eball foUow with 
hoe and cry, with all the town and the towne near; and eo boe and cry 
eball be made from town to town, until they be taken and deliYcred to 
the Sheriff. And, that soch hue and cry may more effectually be made, 
the bondred ie bound by the same statute, a 5. to answer for all rob- 
beriee tberehi committed, unless they take the felon; wbioh ie the foun* 
datlon of an action againet the hundred, in caee of any loee by robbeiy. 
By Stat. 27 EUa. c II no boe and cry ie euOdent unless made with 
both ho r eemen and footamn. And by Stat Geo. IL a 16 the consta- 
ble er Uke oAeer, refueing or neglecting to make hue and cry, forfeite 
M.; and the whole tH or dietrid ie etiU In etrictneee liable to be 
acccfdhig to the law of Alfred, if any felony be committed 
and the f don eecapes. • • • Hoe and cry may be raised either 
by precept of a joetice of the peace, or by a peace oAeer, or by any 
prhrate man that knows of a fekmy. The party raieing It moet 
ncqnahrt the eonetable of the tOI with afl the dreumetancee which he 

^^^a ^^B^^w n^^^^v^um^VA m^^a vn^^v n^^^^s^^^^wn ^^n vn^^v A^^^^e^vB a euu^^v ^^s^^vn^wen^^^vn ^^i^^v 

Is to eeanh Ma own town, and ralae afl the nelghbcffing Tllla, 

> BffUlsn, M. II, SO; risla, fik 1 sa. M. 
* Obh^ bstitnlt% itt. eh. tt. 



1896.] 



A HUB AHD OBT* 



MS 



ii 



end make pureuH with horse and foot ; and In the proeecutkm of eooh 
hue and cry the constable and his attendants have the same powers 
protection, and tode mn lflcati o n, as if acting onder the wairant of a Joe- 
tioe of the peece. But if a man wantonly or maliciously raises an hue 

and ciy, without caaee, be ehatt be eererely punished as a disturber of 
the public peace." > 

The great antiquity and the piimitiTe forms of tUa piooeea of 

Uielaw appear from the early writers cited in Coke. Thelfinonr 
of Josticea, •♦a book of great authority and of the eariieet, diough 
uncertain, date,** 'after eoma aocoont •'Of the fint conatitations 
made by the Ancient Kingph** aaya: — 

««It wee ordabed, that ercry one of the age of fourteen yean and 
abore should U ready to kiU mortal offenders hi their notorloue eine, 
or to folk>w them from town to town with hoe and cry ; and if they 
could not kill them, the offenders to be put hi ex^t, and outUwed or 
baniebed. And that none should be outUwed but for a mortal offence, 
and faino other county but where he committed the offdMC."* 

'« And if any one fly or make resistance, and will not answer the kw, 
it is lawful for ereiy one to kfll him, if be cannot otherwise appfebend 
hhn. And Bermond awarded that all goods of those that fled shoubl 
remain forfeit to the Khig, saving to ermy one his right, although thai 
afterwards he yield hhnself to the peace.** 

And Iselgrun said, that ««be ie no flyer who appeaieth hi fmlgmsnt 
before be U outUwed.** « 

«« Of tbeee first assembliee it was also ordabed, that erery bundled 
do make a common meetbg once hi the year, not only of the f leeboldera 

> Commentsriet on tbe Laws of Esflead, book ir. e. tL 4. 

• This work is tupposwl bj Coke to hsfe bsMi writtM^ mueh of It, befoie 
the Conqned, and it lelerrad lo bj Beam hi hit Hittoiy el ths EagUtb Uw 
at ••oompiled by Home, aadtr Edw. IL from tome work ef tbst khid, and 
legal doeamtntt hi the AaflM^kion tisMt" (Kent't CommeDtariti^ L 
note f ). 

• Mlrroir Dtt Jattiott til flpteulam JMMailomm fbetnm ptr 
Hone, London, Ofay't Inn Gate, 16it. 

«OiMm IWt ^ dMteaa M Aft et sM Aat A MUM tt MMtnm 4t 

Tbe Ifirraar of Jwtisti^ Ed. Andiew Home, London, lUXXSLXVIIL 
IVaotkttd farto Ea^fiA by W. H. [WOHam Hughml el Qns% Inn, 
(obap. L ttol. fl. p. IC). 

« Ml. ehap. L ttst IS. p. 44, Of tht efltee el tht 



THB C0L05UI. BOCXErT OF XASUCBUSETTS. [Dm. 

. to nqnln of tlM 



S96 

tat of all tlM hdodred, stmigan Mid draiMU . 
folBta afoMMid, uid of Iha Artidu foUowing, . . .- 

Tlie AitfdM M« tbwa. " Bj Uw oatlM 70a ban tdt«a, jcm alwU de- 
dan . . . Of aa bloodabcda, o( hae aad 07 wronfttiUy laried, or 
f^tf oUj kvlMl and aot dol; panoad, and of tba aaBM* of Um punaara ; 
or aU aortal offenoaa, and of (beir Uuda, and aa w«U erf tha prindpala 
M of tlw aceaaaariaa," and aooM tUrtr olbar Attidca.* 

"Tbt Uir raqalreth that offanden 1b caaa of death haTanotiooh 
■itigatioB or ftifoor that tbaj bo biooght or anmiiioMd, or dtatraincd 
to appear in )adginaat bj taking of their eatUe, if the oflesdera bo 
known, and notorfooa, and the pUlntiff poTano titem ao aoou aa ho mar. 
And if anj tj tot aoch offcnea, then sooonltog to the Statate of Wln- 
obHter be waa to be foUoired with htw and orj, with bora and voice, 
BO tlwt aU Ihoee of one town wbo ean are to follow the felon to the next 
town ; and if any each felon bo attaint and eonnet of the fekkay, let 
Ua be killed if he cannot be otbcrwiae apprehended. Bat it ia other- 
wta in fdooiee not known, for it U not lawAd to kiU the offender without 
bia aanrer, if ha vjr bo taken aUra.'* Then (oUow proriakMia in 
eaae of trial bald. 

GlanTill^ Cbiof-JnitioiBi7 in the reiga of Heni^ lU in hia 
Tknotatm do Ltffbam Anglus, oomotimM wid to be ** tbe moat 
aaneBt book oxtsat vfoa the lam and ontUwM of EngUnd," 
cited nad pniiod bjr two oentunea of the iKxt eminent English 
htwjen, ■lao rofen to the old proc«M: — 

•' Bat there an two apeeke of nonieido. The first ia called Haider, 
wMeh to eeeretlj perpetrated,— DO one Bering — no one knawtng of It, 
•ore the pcnoo oomaittii^ It, and hi* uoompUoce, eo that Uoe and 
Gljaanot be preeently nads after the offendera, aa ordained bjr tbo 
gtelnio npoB thk 8«b)eefc ... A peraon aoooaed of HouicMa ia aome- 
liMa eoapaUed to nndergo tbe legal Pnigation, if he waa taken In Sight 
ij • Ciwwd ponnl^ hIa, and thla be ragnUriy proved hi Conrt by m 
inj of the Coui^.* 

Bnetoo, whom Beerci oalli "the fntfaer of the Engliah Lnw," 

ia Ui Do Legibna et CoBnwtndiniboo An^ia, In the time of Heniy 

IIL, after eettiag iorththedao eooiee of pnOimioMj pnweedinge 

i The Mbiow rf Jmliam,m.. «bv L M«t. 17. pi. «, 01 rtow* ef Fnidi- 

• JIU. e^. B. mL L ^ M, Of AttMhMnta. 

~ '- B,UU>,boeklfc«tep.«.pp.Wi-MT. 



i8»a.] 



A aUX ASD OBT. 



by "the Jnatices itinennt,"— beginning vith the pleai of the 
crown; the reading of the wrila, which giro them anthority end 
power to make an itrr; the aetling out the cause of their com- 
ing, tbe utility of their itinention, the advantego if peace ia 
ohaerrod, the riolation of the King'a peace and jnatioe by mop- 
deren and nbben and burghua, and liia commanda to hia faithful 
•nbjocte,— dirocti that the juatioea should retire, and boTe a oon- 
■ultatjon in turns with four or six or more <a the gtwter men of 
tbe ooantf, uul explain to them how 

" It bas been prmrkled bj the King and by hb Connsei, ttet aU no well 
Kolghto a« others, wbo are of fifteen jeara and man, ought to swear 
tliat they wiU not harbour oatlawa, marderar*, nbbers or boiglara, nor 
ooDfedcrate with them nor their barbonrera, sod if they BhooM know ol 
any such, they wUl oanse (bem to be attached and declare it to the Tfa- 
oount [•heriff] sod hit baUiffi, and if they shaU hear hue and eiy 
respecUng each people, immedUtely on hesriog the cry they abali fbllow 
with their hoasebold and the men of theb- land. Upon which it may be 
noted, that if any one has cominltted a felony and bas been forthwith 
captorod, hne and cry barliig been raised, the patsaitshall oeaae. And 
benoe if a nan shall be toffocattd by mUfortnne or drowned, and bo 
dead in any other tDanner or be alaln, let ha< be raised forthwith, but 
tbe porBQlt ought not to be carried on from land to land, from rill to 
rill, when the malefactor ahall bare been taken, that ta la doas. And 
afterwarria let Ihsm lead a track along their own land, and at the end - 
of their land they shall show It to the kirds of tbe neighbouring lands, 
and so thnt parsoit be msde from land to land with all diligence, until 
the Malefactors are oaptored, and that there be no delay in making the 
track nnleea an Impedinent intorrene through night coming on, or for 
some other reaaoaaUe eauee, and that they shaU arres^ ai f ar as may 
be In their power, those wbom tbey r^ard as anqiected without waWog 
for the mandate <rf the Jnstloe or the viscount [sheriff], and that wimt 
tbey shall have done thereupon tbey ahall eartify to the JostiMaor tbe 
▼lseonnt.> 

" Bat becanse tbete are eome peraona, who forthwia betake OenedTeo 
to flight after n felony and cannot be wised, 1st tte hue be raleed aft« 
t hem, from riU to TiU , nntU tbe malsfaotoun are oaptuied, otbvwise lei 

' Ds Logibat It CMSMtndistbv Anglb*. Tnantm SMmndtH UW 
T««L D«C<«na.<fcap.Lf.U»,lI«,-adtor.B.»eoodHoin»rftjrf~, 
qxM omMs tea MllUi^ ^ssm aUl sta" (T«1m^ sditfaa, f naiis. UTI), L 



[D 



THE orw^irfAf* •ocnonr of uAmAaaunriB. 



tkt whok dktriel be uMretd lo llM kiog. Bui how Um pmolt ought 
lo be Mada, ooeh Mwotiy hM Hi owB Bodtt and lol Iho hM be raioed lo 

Hlgl MAMA M«mI« " 1 



UM.] 



A HUB AJID OBT« 



SimOarij, we find in Briftlon, in the reign of Edw»rd I., who 
Coke njs wae Bishop of Hereford and of prefoand judgment in 
the Common Iaw, bat who bee ako been spoken of as a mere 
sppendsge of Bncton:— 

** And for the mafotslDfaig of pesee, we wHl that when a felony Is 
eooiadttcdy ererj one be ready to porsne and arrest ths felons, aooord- 
fa^ to oor Statotea of WhieheBter« with ths eompaoy of horns and irolees 
fram township to township^ nntn they are either taken or bare been 
pusned as far as the chief town of the eoanty or franchise. We will 
alsoy that ereiy one who files from oor peace forfeit his chattds to as 
for sneh flight, if he be sospected of fek>ny, althoogh he be afterwarda 
aeqnitted of the principal fact. And if it be nrarder or other fekmy 
eonoerniag the death of a num, let soch felony be presented at the next 
eoonty eoort by one or more townships, and by ths first finder and the 
Undred of the person killed. ...'** 

** If any man be fonnd killed, and another be found near hin with 
the knife or other weapon in his hand all bloody, wherewith he killed 
hlm« the coroner ahall be presently fetched, and in his presence the 
felon shall, npon ths testimony of those who saw ths felony done, be 
Jodgcd to death. The like when a person is foand in a hoose, or other 
place where one shall be found killed, and the person foand alive is 
neither hurt nor wounded, and haa not raised the hoe and cry, and has 
not chaiysd any with ths felony, and shall not be able to do so." * 

Fletn, likewise, in the same reign gives Tariona provisions made 
fur prompt and effecdre pnnnit and arrest of felons; for punish* 
ment in case of default, and of official misfeaaance; for public 
proclamationa to aecure punuit nnd investigatkm and apprehen- 
for the reqionaibility of the hundreds ; for the use of hue 



< Ds Legibet et CbBsastadtoibos AngliM, #ar., disp. z. f. Ii4--il. iO«. 
• BrittiM, Ut. L «. zllL 9. fol. 90, — Da Ferbanls, Of OetUws (Oslbrd 
eiltioa, IBU), I 4i, 80. Wnm ths int prfoted editfaNi of Brittoa, la Bkdi 
liHif hmA wifthiNit date er nlana of nabUntioa oa ths title psgn. 1 make thk 
fmm the PksMh ttitx- 
'llelMHfi. • • • ftfiisMpwkptwijiiww; ^MtMlitiimt psMHsSslti 

•JMtf.Kr.i.e.fL4.fol.l4lw 



A 



i-i 



41 



and ciy in the case of suspects; for requiring all between the ages 
of fifteen and sixty to haye in their houses a due equipment of 
arms according to their estate and condition, with cooaidemUe 
minuteness of detail, and for stated inspflotion of the same ; for 
liability for default in such equipment or failure in rigilance or in 
punuit; and for the raising of hue and cry and its prosecutioB 
in the case of felonies. Furthermore, in the case of trials, are act 
out the presumptions arising from presence or other cireumstanoea 
at the scene of the offence, or the faUure to nS§% the ciy.^ 

The original process, by the force of statute and the subduing 
influence of adrancing aodety, was brought within regulated and 
fixed limita: — 

«'Fcr lerying hoe and cry,** says Burn, ««althoagh it Is a good 
coarse to bare the warrant of a Justics of the pesos, whsn thne wOl 
permit in order to prevent ceaseless bos and cry; yet this by no means 
seems necessary, nor Is it always convenieDt; for the felon may escape 
before the warrant be obtaioed; and bae and ciy waa part of the law 
before Justices of the peace were first institated (% Hale 99). . . . It 
the person sgainst whom the bae and cry Is raised be not foand In the 
coastablewiok, then the constable shall give notice to the next consta- 
ble, and he to the next, until the offender be found, or till they cone to 
the sea-side And this was the Uw before the Conqaest . • • Thoogh 
no persoo be named or described ... all that can be done is for 
those that parsoe the hoe and cry, to take soch persons as they hare 
probable groand to sospeot.'' Doom may be broken if the fagitire haa 
taken refuge within. Mfasares sre sanmary and effectire. •« If he 
cannot be otherwise taken, he may be kUled**— And further: — •Mt 
seems that they who sre taken upon fresh hue end cry are not baiU- 
ble." And they which lery not hue and ciy, or pwioe not npon hue 
and cry, may be indfcted, fined and Unprisoned.* 

The rarious statutes enacted, both those stUl extant and the 
earlier, were only the attempt, on the one hand, to fariiq^ an exist* 
ing crude but effectiYe process into some legitimate and recognised 
sh^w, and to regulate and limit its methods and powers, already 
dangmus; and, on the otiier hand, to secure prompt 



> Fists (6dltk> seeunda, LoodinI, IM) : Ds Pteii 

t4; 0i F^gltlTit, sap. 97. ^ 40; Ds AppdUs hosMdll, 
dstoHioM AppsDI, esp. S4. p. 40. 

• B«ni<b Jastiss of ths Fmms snd Ftelih OAosr, tt. p. 



ssp9l. p» 
ssp OL p» 4T; Ds 



4M 



ymB OOI/nflAL WOCUSKl OV 1CA88ACHU8ETTBI 



[Daa 



and effectiTe pmaait of offenden, the due enforcement of the kws» 
and the legal lesponeibilitjr of magistntes and communities. 

Pollock and Maitland giro a fresh and spirited account of the 
old process* in treating of the processes of the law, which ^yaiy 
in stringencj from the polite summons to the decree of out> 
lawiy.'' It is spoken of as **an ofibhoot of outlawry, • • . a 
apedea of summary justice thai was still useful in the 18th Cen- 
twy.'' A TiTid picture follows:-^ 

•« When a feloay is eonnitted, the bae sod cry (kute$ium H dam&r) 
shoald be raised. If, for example, one cones opoo a dead body and 
emits lo raise the faoe, one comnits an amerdable offence, besides lay- 
lag onese l f open to ogly sospicioiis. Possiblj the proper ciy is •Ootl* 
• Oat r^ And therefore it is aMetfasi or AsfeiJiisi.^ The nelghboara 
shoold torn oat with the bows, arrows, knires, thai tbey are boand to 
keep; and besides nraeb shoatiog there will be bom Mowing; the 
*koe' will be horned from Till to Till. Now if a man is orerUken by 
hue and cry while be hss still the signs of his crime, be will bare short 
sivifi; shoold be nuke any resistance, be will be cat down. But even 
if he sabmiU lo capisre, bis fate is already decided. ... He will be 
bro^gbi before tome eoart (like enoogh it is a court barriedly som* 
mooed for the porposs,) ; and wlUioat being allowed to say one word 
In ssif defence, be will be promptly hanged, beheaded or precipitated 
from a eliff. • • • In the 13^ eentniy this borbsric Justice is being 
brooghi ooder controL We can see thai the roysl Judges do not ranch 
Uks li; thoogb troth to tell, it is ridding England of more malefsctore 
than the Khig's Courts can bang. The old rule still held good that if 
by hoe and cry a man was csptured when he wss sUll in seisin of bis 
crisw, • • • and be was broi^i before a court wbich wss competent 
•o desl with sodi esses, there wss no need for any sccusation against 
Ito, for any appesl or aaj indictment, and what is more, be could not 
be lieaid to say that be was inoocent, be coold not claim any sort or 
form 4if trisL Eren rojal Jodges, if socb a esse is bfoughi before 
lhso^ act opoo tills rale. • • • Eren in nroefa later days, if a man wss 
tskso *with ths nminoor* (cmn wiamnopere)^ thoogb he wss snffered or 
esmpsilsd io sobmii ths qosstioa of his goflt to a Jury, be coold be poi 
an his Irlsl withooi any appssl or any indictment. There is hardly 
room for any doobi timi this preosss had its origin in dajs when the 
et ia dii s i taken In the act was (pes flulo an outlaw. He is not entitled 
to any *law/ not eren to thai sort of *Uw,* which wa allow to noble 



D. B. O. (I8t7 ef Mf X ii* ^ i* *i<»*d to m to ths fsrisos Crlm. 



180a] 



A HUB AVD CBT* 



401 



beasts of the chase. Eren when the process is being broogbt within 
some legsl limits, this old idea survives. If there must be talk of 
proof, what has to be proved ii, not thai the man is guilty of nrarder, 
but thai be wss tsken red4kanded bj hoe and cry. Outlawry was still 
ths law's ultimats weapon." ^ 

ReoTca girea some sccouni of the process and a Tciy dear 
summary of the Statutes, their occasion, intent, and effect: — 

The Statute of Winchester oootained varioos provisions for enforcing 
the andeni pdice and ordained vsrioos new regulations. It wss occa- 
siooed hj the startling increase within then recent yean of the grerer 
crimes, and the s ls oknes s of the administretion of subsisting laws. 
Jurore were parUsl or interested or influenced, tliera wss negligent and 
even wilful failure to indict, and an equal failure to convict if indicted. 

This Statute made spedsl provisions as to the old process of hue and 
ciy. It directed thai the h%a€iium €t clamor should be made solemnly 
in sll counties snd hundreds and districts, at markets and fain, aad 
wherever a concourse of people was to be expected so thai none might 
excuse himself from ignorsnce, and none might escape for want of . 
fresh suit from town to town. This hue snd cry, formally started, aad 
not the immediate and instinctire pursuit of ths criminal surprised on 
the spot of his crioie, is plainly an evolution of the original. This 
early statute and the Uter stotutes down to comparatively modern 
times seem aU to be bssed on the andeni institutions of ths hundreds, 
and of the frank pledge, making the hundred responsibls. There is a 
esse under the Act in the Tear Book of Edwsrd IL foL 689. To 
ensure promptness and efficiency districU were made responsible for 
the crimes committed withhi them, and were held to make good the 
damsges done. Precautions were to be bed against kklging or enter- 
taining suspidous persons or eren strangen; watches were to be kepi, 
with authority to arrest; and, where resistance wss offered to soch 
arrest, providon wss made for levying hue and cry, aad following ii 
fh>m town to town tUl the f ugitire wss ran down snd arrestsd. 

In ths reign of Elisabeth, Hue and Cry siood upon the M Statnte 
of Whichester (18 Bdw. I.) and a Uter one (28 Edw. UL). Proceed- 
ings were beoomhig more frequent under the provisions of ezisth^ 
Uws, and some of these providons, llrsi adopted io sseore greater 
Tigilancs, eneigy and effideney, were beginnhig io bear with hardship 
on ths hundreds, and the corporate liabiUty snd nspoodbiUly had 



> rdlsdk sad MsMsad's Hidory of Ingliih Uw, IL 17% 87^ 



4M 



TW« OOLOVIAL SOdETT OF MABBACBJJBBm. 



[Die. 



bro^ht aboai ncgleel and want of diligeooet MpedaUj in tbt ease of 
loMMriM and iajnriea to property* oo the pari of Iba paraoo injured. 
Ha look hii icmedj in iba aatiael and cbeapettwaj. To remed}* thia, 
tba SlaMa 97 Eliiabatk c 18 made the hondred llaUa for only one 
■olaCj of the damagea, wlieiaTer Ihara waa n^giigenoe on the part of 
tka Miflteier« or defkolt of fraah anit, after hoe and cry waa raieedt 
Under the old Statntea, the recovery waa praotloaUj or nsnaUj against 
one or only a few of the inhabitante; and, in general effect, the SUtnte 
WM in check and reatrafait of the procece. It waa on the principle of 
the old Statotea, bnt nMMlifled the procedure; now linitationa of the 
neliona againat the hundred were fixed, and the Uability affected by 
variona conditiooa.* 

Tlie modem atatatea of England, — thoae of 29 Cbarka 11^ 
• and 96eofge L,aiid8 Ocoige 11.,— tooohing liability for damage 
dhme by rioten, and in aimilar caaea, all go back for their principle 
of mponatbility to the old atatatea of Hue and Cij. 

Sir Ibthew Hale doTotea n chapter to the anbjcct: — 

** Hoe and o^r la the old common law procece after f elooa • • • And 
We hath recdfcd great conntenance and anthority by eereral acta of 



• • • 



««By theStatnteof Weatm.I.cap.9; « • •• that all be leady and ap- 
peralMat the eaauaons of the Sheriff ft a cry df ji^ to parme and anett 
Mom ae well withia fraaeh&Me ae withoat ; . • 

••By the Statute of 4 E. L «... JSTm and cry shaD be leried for aU 
■mdeffttbargbriei, aMnalain, or ia peril to be.eUia, ae other^wbere It used in 
gwyoW , and all fhall foDow the Am aod etepe ae near ae they eaa ; and he 
that doth act, and ie eonrlot thereof, ehaU be attaehed to be befbm the Jnetioee 

m Ajfa. • • • 

•*By the Statnte of IRnlon, tap. 1 « . • • From beaeefbrth efery 
eeuntiy ehaU be ea well kept, that bnaediately upon robberiw and feloniee 
eemailrted Iraih eait ehaU be made from towa to towa and from eouatry to 
: and cepi 4 • • . and eaeb m keep the towa shell loUow with Am 
cff with all the town and the towM aeer ; and m Am and cry shall be 
from town to town, untU they are token and delifered to the Sheriff; 
f er aneetaMot of eaeb Straagen none eheU be pnakhed.* 
••Andthiaiaiatrathbnttbeantientlaw.'' He then eeta out what la 



iXUo 



the two 

eC 

• nffefoif. 



pm md i a g 
8«Us 



eC the teit eonstitote a 
eC the proosm, partly in bis own words, 
msteiy eC the En^ieh Law (Ffadason'e 
I iL ehap. z. lil-lSS| and ilL 



18M.] 



▲ HUB ASD car. 



409 



proper bat not eeeential, that ** it ia a good cooiae to hare a Jnatlee of 
peace to direct hia warrant for raising iUa and cry ••• yet it la neither 
of abeoiute neceaaity, nor sometimea conrenient;" and that **H ia most 
adviieable, that the oonataUe be called to thia actioa. ... Tat open 
a • • • felony committed, hoe and cty may be raised by the country in 
the abaence of the Conatable.'' The consequeacse then appear ** If kna 
and ciy be raised without cause.'' 
Then follow the are pdnU that ** are conaiderabla.'' 

I. •* By whom it ia to be IcTied:— aa well byanoAcerof Justice aa 
1^ the precept of a Joatioe of the peace, . • • or • • . by any prirate 
person that ia robbed, or knows of any felony.** 

II. ••Tooching the Manner of it: • . . diTcrse according to a Tari- 
etyof droomstancea,'*— taking up; the notice and reasonable assur- 
ance of the felony; • . . •«the name of him that did it,** if known; 
If not known, the meana of identiflcatkm, and fkUIng all plain Indi- 
cationa, a reqoeet upon the constable for hue and cry after auapecta, 
aa ** many drcomstancea may tapoit /nolo be useful lor disco?eri«g n 
malefactor, which cannot be at first found.** 

nL ** In what manner . . • to be pursued: . • • The Constable • • • 
to make aearoh in hia own Till; • • . to raise all the ndghbonring Tilla 
next about; • • • to be puraned with horse and foci.** 

IV. ** What may be done in pursuance of a hoe and cry leried : • • • 
once raised and leried upon aoppoaal of a felony committed, tho in 
truth there waa no felony committed, yet thoee that pursue Aue and cty 
may arrest and proceed, aa if so be a felony had been really ooui- 
mitted." The Jostitlcation of aete done l>y thoee who ** pursue the hue 
and cty," and the liability of ** the raiser** under certahi droamatanoea 
are given ; and also the azteot and limitatkm of the aete that may be 
done and,— 

V. ** How the neglect of the pursuit of hue and my Is to be pun- 
ishedt • • • indicted, fined and imprisoned.*' > 

** If a hue and ciy be leried upon a felony, and come to the town, 
the Conatable and thoae of the town are bound to ai^rehend the f don 
If in the town, or if not in the town, then to follow the hue and ays 
otherwise they are punishable on indictment,** ' 

In Beat it is said: — 

•«^>brtfofl, If hoe and my be leried, aU who Join la the porsuil ars 
under the same prot e etfcm of the law • • • Although no wanaat of a 



t Hate's FlsM of tho GkowB, H ••-104. 



•IW^LMfii 



404 



TBB ff1>Ii4> l"^^' SOdETT OW MABftAOBUSEIZS. 



[Dm. 



jMtiee of tiM petoe to niM hoe Mid 07, nor aay constebto in tba por- 
Mit» jet the biM Mid oij wm a good wMrmnt in law f or tbe pnnoert to 
appi^heiid the f tloMf Mid thmCofe the Idllii^ of m^ of tbe pnnoere 



HI 



The iMiie doctrine ii beld in Jaekeon*s CMe* Mid in nomeroiM 
United States 



Then aie four caaee, lepcvted at length, tried A4>. 1221-1281, 
nnder a ttatnte dder Uian tliat of Edwaid I. and not extant in 
the time of CdM. Ther aie of great inteieet, — an inteieet not 
Imnmid hj the qnaint Latin of the Reporti.* 

In Fyg^^"^ the piocees and the lawa goyeming it have been 
onlj matten of onrioaa legal history since the enactment of the 
statutes 7 and 8 George IV^ in 1827 and 1828; bat some of the 
nnderijing princiides of the old process and of the laws relate 
ing thereto, still lire and are the basis of some modem statutes as 
to manidpal liability in certain cases, as weU as the ground of not 
a tew judicial decisions. Chief-Justice Doe of New Hampshire, 
in deciding a case in 1864, referred to the old law of Hue and Cry 
and the liability of the Hundred, for an analogy;* and some of 
iU doctrines were inyoked— not expressly, but inspirit— in the 
discussion of the responsibility of Spain for the blowing up of the 
Uaine. 

In addition to the authorities already quoted or dted, accounts 
•C this old Common Law proceeding, of its summary justice, its his- 
tory, the Tsrious pronrions of law from time to time enacted, the 
occasion, the mode, and the consequences, are, of course, to be 
found in most English works on Criminal Law, in the Pleas of the 
Clown, and in the Tarious Commentaries on the laws of Engl an d . * 

1 Bait's Flsis of the Crown, L SSe, SIS. 

• Bex s. Jadwm « eL, Kswgnto, Lent Tse. M Car. It as sited In Btit's 
P.a LSS$and In HaWsP. C IL M. Lent Tacation, anno Car. XL 2S. 

• Brneton'f Mote Book— AeoDeeUonof Casesdeeldedin the King's Cowto 
daring tke nign of Bsuy UI. (ICaitbad's edition, London, 1887), Bos. 861, 

1171, 1807, 171L 

• PnderiliB e. IfsnaliBstsff, 45 Hsw HampsMro Beports, W. 

. • HMrkia^Flsos of the Crown, ILekap. IS 1 0^0.18 |41;8lephen'k Com- 
■snlMlM oa tke Laws of Bngtand^hr. S48t Broom and Hadlej% Commen. 
tariss OB tke Lmro of Bngland ( AnMrlean edition), tt. 881 ; Cooiyns'S Digest 
aioaissiXM«»tf;M-48S; Baesa%AliridgaMnta«S).i^-«1^79a| Brookes 



1808.] 



▲ HUB iLVD CBT. 



405 



Upon this side of the Atlantic, this M p r ocess seems to hare 
had an occasional use, as appears by the Beccids and Files of 
Court The Colonists of the Massachusetts Bi^ brought with 
them the Common Law of England as it then existed, and all those 
ideas of law and legal procedure which thej bad acquired as 
Englishmen. The only other source of law iHiich thej lecognised 
was the Holj Scriptures, and especiallj the Mosaic Code, as 
inteipieted by themselves or as embodied in legisktiTe enact- 
ments; and in the old Jewish law they might easily find sugges- 
tions of this procedure in its most primitive form, and consequent 
satisfisction therein. 

The procedure was in existenoe hers in 1646, as appears by the 
Act of 4 No vember : — 

** If any oAcsr or other shsn reftise to do tiMir best endeavoF la ralslaf 
4 pseeating hoe 4 cryes by foots, dh if needs be, l»y horse, after sack 
as kave coASttcd capitall oysMS, tksy sbsU forfeite, for eVy olEenos, to 
y* codkm trassniy, forty shillings, sock koss 4 ciyss ss ks sknrable 
byUwe.**^ 

Here seems to be a recognition of its existenoe and authorisa- 
tion, and at the same time of limitations as to its use. 

Among the Eariy Court Files of Suffolk is an original draft of 
an Order of the Oeneral Court in 1660, reguhtiiiy and settling the 
chai^ges in such cases : — 

••Boston 9". 4.60 

ffor tbs Begolatlog and Setting tke ckarge of psecotkm of Hoe 4 
eiyes. Its ordered tkat wkat shall ariss by ooossIoa of esoaps 
from tks Coantriss prison or fligbt from Aatkoritis to Avoids tks 
Same sksll be payed by tke Tnasorer of tke Country And sock 
ss arise by fleeing from aay of our Gonntle prisons or to esoaps any 
of tkem shall be defrayed hj the treasursr of tkat Couatis wksr 
tks oocsslon arise And sock psoos as pears Hue 4 ciyss vpon 
tkler own ptkmhtr ooossloA skaO bears all tbs ekaige arlssing tksrs 
from pvoidsd dos accounts bs nads hj sack as dsmsad pays 



Abridgment, U Ses. Pmi 9Q, h.\ Wood's Insataftes, kook liLe. L 88a-888» 
book Iv. 0. 6^ 888; Dnlton'k Country Jnstke (London, IIDCXC), diap. Uv. v. 
9& p. 114, ekap. haalv. v. 48. ^ 214, and eksp^ eliiL v. 188. ^ 408| FMa 
Coron.; Cro. BUs. 864; Crompt 178. 
* llssiaofcnsetfs Colony Beoofdi, II. 188. 



4M THE oouomjo, aoomr ov lUssACHusEm. [Dm. 

Ite I>e|Mtitt hMM pMl lUt III rofftiMet to J* CoMtirt of 0^ HomP* 



Him4Ci7M 

Thif appMit tet out in the Reooidi of the Genenl Conrti where» 
howvrer, the OMigiiyd dtte it giren 80 Mftj 1660.* 

Then WIS ft ease of Hoe and Ciy in the froatier townty along the 
bolder of Maine, in the jear 1655. A gioop of fire {Mipeis baa ooi- 
liTed the acddenta and expoeuiea of two hondred and fifty jean 
and know among the Suffdk Court Filet. Though eridenUjonlj 
aportioiiof what once made np the ease, thej an enough to tell the 
atoTf, to thow what the proceeding wat in those dajt» and to illut* 
tnte tome incidents that belonged to the procett from its first 
regulation bj the laws of England. 

The case» brieflj stated* was this: — a supposed murder, a sus« 
peeted peipetntor, an application to the magistrates thenupout 
the levy bjr them of a Hue and Cij, the action under it» the 
sup posed Tictim later turning up alive, the aggriered suspect seek- 
ing redrees, the suit against the offending magistrate, the magis- 
trate, in fear of the issue at law, turning for relief to the Oreat 
and Oeneral Court— and not in Tain. 

The fire papers, which an to be looked to for the life and color 
•C Hm aecountr comprise the original Petition of the MagistratCi 
addnssed to Uie Oeneral Court, whieh, though latest in date, 
oomes logicaQj fint in its succinct presentation of the whole casCf 
and four oUier original papen, eridentlj used at that hearing. 
In tiis cold,expnssionless monotony of a copy, howerer literal and 
csaeti then is kMddng all tiie impnssiTS suggestion which the 
si^inals estttey. Then is eipiesskm on the Teiy hob of the 



FDm^ «. as. 174. 

Ortwy Baconii, Jr. (Pbft L) IIS. At to t^ fllatlfs 
ttt Mr. Uphtm't MMiiBb SNli^ p. 14& 



1106.] 



A HUB iHD OBT. 



407 



originals. In the dlstinctiTe chirogia{Ay, the indlTidualities of 
style, the quaint phtaseology, and the vagaries of spelling, the 
actors in the driuna seem projected befort us. Some curious little 
touches of human natun come out in the simple, stnightforward 

nanatiTe, so wholly dcYoid of legal formality and pneision. None 
of these papen appear in the Colony Beceidi, when, as is usual in 
such matten, onljr the final action of the General Court upon the 
sut^ is compM^y giTcn in the official account All the papen, 
howerer, bear the endonement of ^ fintend,'' and the attestation 
of the respectiye officials,— William Torrey, Cleric of the Depu- 

ties, and Edward Rawson, Secntaiy of the Magi^^attt, each in his 
own handwriting. 

The first paper— a somewhat pathetic appeal of a countiy 

magistnte, fri^^tened bjr the unexpected operation of the engine he 
has set in motion, in which he giTcs the stoiy of what he did and 
why he did it| churning that, although but an humble «<Commis. 
sicner to end small causes,"* he was for the time being the vice* 
gennt of the Ooyemment, and that its authority and majesty 
wen assailed in hispenon— is the Petitioner Compkint: — 



*«To f hooortd Oeo*'sll Court 
attenbled at Botton 

The CesqiUInt of Riohaid Hitoheook 
of .Saees 

Whereas jff compUinaat was cbcsen 4 swone a Coandttiooer* toend 
tmaU caotet 4c. hi that phMst scoordhig to j& Uws then came oato ms 
4 Robert Booth my fellow CoAittion' for a buy 4 ay ; one TbouMt 
Reddlag to ttarcfa after Thomat Warner ypcn totpMon of mortberiaf 
the Sonne of y said Bedding, which acoordlog to our Tkust hi our plaee 

i The aathoritjMd datiM of thtte Coamiwiootn appear hi ta Older tC 

the Commieeioaeri of the Geoevel OMurt lor tettUaf the foverBMtnt of Stetw 
anderdi4eof7 8eptena)er,lSni. 

ether the tomeidrinie fa the JeiiMlMa heth whMe M ae^tieie K eee«4fa^ 
^jj^ey twe of th«, eie eed ehenu faiyewed ted ie^eHei wMi faUeUer eed 

t et toffit je^ ee a ■eaiitietii^ to heoM the MeetL • le oseBfao mt^^^^m w ^^^ 

I^JST' ^!!T!-^^ «*^ • • • •• M«do oihadow to Um fmf er feed to- 
a^ior . . . to liBlelrtii eethee. . . Alio ■enjese theltte inliiefiii hr eey ef the 
iS) "* eeMtdfaf le hm.r ( M iiiei h iii H i Cebey Beeecd^ it. {tm L) It^ 



408 



xn ooumiAL aoomr of KAaaAOHunm. 



(Dia 



(irt eoootifv) we did graol JMmfOmlmMag tkt Mid wmmt httth mw 
ntled ae lo Mtwm hit mom at msI Cooaty Coirt ben at Boilos 
•boot tUa b ii a tM wUeh jc/ Coaplaiiiani ooaodvaa to be altogether 
illcfdl 4 dieboB'ble to 70^ woi*** AiUbority 4 greatly to oar daaage 
dwellfaig ioe fair off froai thia place. 

If J huible wqeeet ia tiiat j& woi^ wllbe pjeeeed to beare y* case 4 
aaa iball I aoldoiblof jfO# rl g bt eoaa 4 epeedy endiog tbereof. 

tbeaarkof 
B 



to 
by tbe de p a tj e a 

Wx^ToHOT CMe 

Tbe Magli^ bane graiaBted tbe 
caaee y* wanMr bane notice tbereof 
tbe depii^ CoaceBt bereto. 



P e q aea t Tis a bearing of y* 
all apeed [If] tbelre bretberen 
Edw. Rkwmm S^em.^ 



[Endon&il •• Hlobcocka peticoB 
pOiriaa 
eotred"* 
Tha eeooDd paper ia die Depoaitioii of the ConataUe to whom 
the Hoe and C17 waa iaaaed, carioiialy coaibining in effect a 
letom, an apology^ and an adrertiaeBent: — 

IL 

«« When aa [Job]n bi»b A ConttabCe] [ofj Wella BeoeiQed aHne and 
€[ry] under the hande of [Robef*] Booth 4 Riehs Hltb[coofc] Com- 
■iwionir[s] [of] 8aco for tbe Apprehending the body of Tho: Warri- 
* in aasepicion of Moider, I the abooe aaid John Bnab ^ baoing Joat 



> Rkbaid HHtbeoek wai an aotife man in bit own town, one of the inhabi- 
acknowledging tb e M e l f w Mihjeet to the Gorernment of the MMndni- 
MtttB^faiKewEn^MMl,andnMideafreenuMiet8eeo»5Jtt]y, 166a. He was 
^'appointed and aathoriied ae a eeijant, to ezerelte the tonldjery at Seeo,** 
end was alto a Deputy from SeeOi fai 1660 (ICaneebaMtte Colony Beooidi^ 
k^ (Fkrt L) lil; 161, 417.) 

• SnlDlk Coot FIlia, IL No. 217. 

• Th o w m Warner of Cepe Fpfpnt wet nmde a freenwHi et WeBea Jnjy, 16(HI, 
CepeBBrpeewM made*«atonneihipbylteelli.*' (lliiMBbniitti Colony 

It. (IM L) 1^.) 
^MmBnihwaeeaeeCeefenabdMUtaate of Welle who» appeientty with 
aebnowledged tbottlToi anlijeot to tbe Jnrltdietlon off tbe 
Bey, and were nnide iw e n ie n 6 Jn^, 1611, en wUob diy WeOi 
••at llftyiieiMe.* (iltf.pp.li6^1M.) 



1606.] 



A HUB AVD OBT, 



4M 



intelligance that H waa wroogfolly aent fortfi, and upon that the Roe 
and Cky atop hi my hande and therefore I w* the Beet of oor Neagb- 
boora doth Apprehend that Tboi WacrineF waa TCiy nwch damnifyed 
and diecredited eoe I leane w*^ agr beat Beepeota to tbeoi wboae tUa 
may Conaeme I rtet 

TonP* at command bi any 
aerrfee Jonr Boni 
Wella thia SO* of Onuia:^mik 

iiatbiM 
witoeeee 
Joesra BoLLM OUr lafihi icrtfi] ^* 

ISndamd] •' Jtf* Boeb 

Oonetableof 

Wella 4c* , 

The next penpn ia the Ccrtiilcate of the otiicr magiatrate who 
joined with Hitchcock in iaeuing the Hno and Cry and wbci» on 
later derdopnientBy became eomewhat apptehenaiTe about bin 
oonnaction with the ailair:— * 

ni. 

'«Wben tiddhiga came to me thatTbomaa Bedfaiga eonn wne a Bne I 
went to Bichard Hichkos on porpoe to bane better eeonrytie abonty* bne 
4 ciy be bad procored of to and Hiobkox audd email accooat of nqr 
motion 4 aald IT Tbomaa Kimble 4 John Laaranc will certiAe it at 
Boeton 4 ther needa no more trabie thie doe I teetifie for a troth 

Boar Boon OMili* 

[iPndmed] «« Bootha CertifflflP" 



> Jowph BoQet WM of them who^ « Att Wells, 4th of Jn^ 1666," eeknowl. 
edged themselfee snbjeet in like manner and weie ^'granted to be fteenMn." 
He •«wet eppobited ehnrke of the writtt,** et the eame thne. (Ifemeehmette 
Colony Record!, It. (Pert I.) 158^ 160.) 

• Robwt Booth* made a fteeman et 8eoe a Jnty, 1606, wet eridnt^ a man 
of fenatility at well ee of eelMtenoe. He wet a OeleohHtH, a CommfariBng en 
▼arlone oeetdont of pnblie eonoem, end one of the three Cowmitrientn<*to 
end eU tmele eenme.** He wet eke invetted with enoth«r tpeekl end eentpien> 
ont fnnetion,— 8eee bebg '■deetitnte of a good mialtler, ... ia tbe meene 
tjme thet thefae pteee an^ pietenred . . . Bobtrt Booth ehell bene libtitje 
to enee r o lt e bit gaifle for the adtAtetJon of the people tbtfe." He wet a 
Btpniylram Sato bi 1100. (/ML pp. 161; 160, 014, 160, 000, ItL) 



410 



TUB OOLCXXIAL SOdBTT OV MAMAiUmiETfli 



[DbOU 



The f omth ptptf if a CertilloM« or Depontion of the maa 
m waf foppooed to haTo been mudeved and who nada 
the damind lior the niooeies •* 

rr. 

•• Kwm an MB J* I ThoaMM Bediiv * and Etlea hto wif e eoaifa« to Bieh 
Hielikoz for a boa and oij In j* eaee of aiy tonn I eaid oan goodamn 
Booth do H by hiai Mlfe Hiehkoz aaid bid him eet mj hand to it for I 
bane glaen bim order io to doe for narther auiet not be Jiid 

•i* ^ Jane lit M 

Wi 



III 



Then follow the Depodtioiia of John West and hie wife» ap- 
pafentlj two of the nei^iboca : — 

V. 

•«ThedepoeiiionofJohaWeet*SHM»thn: day 16M this deponent 
aeitb J* be baid Etlea Bedfaig aaj diaefa tioit; j* hir botband Tbonias 
Bediag ebonld not bane gott a bne 4 Cry of Booth bat y* Bkshard 
Hiebkos stood Us fHsnd 4 farther tbis deponent saitb not 
Eitte jT wife of John weet aOraMtb to the saaM abone writen npon bir 

before BM 

Bon Boom O w aW ensr* 



ISmionedf} «• Jof 

depoeH** 

Attheaitting begun 24 Oetober,1665,theGeneial Court granted 
n hearing to the Petitiooer with this leaolt : — 

•« In aaswer to the petidta of IT Biebard nitcbeoeke, after the Coarte 
bad My besrde the esse betweene bbn 4 Tboons Warner, the Court 
that noteritbetandfaig what ofidene TbooMS Warner pro* 



a fw ii s e St 8soo a J«fy, 1661, wbea Ssao 

^x^. '••" ilill by HwUfc" (MsHsebuMtts Colony Baoofd^ It. (Ftet 
i.|iai.) 

•W«twasMdsa 

T iaisi f l iii n -tasndsn 



al Sees, 6 Jn^, 1666» snd wm appofailid n 
" sndeae of the MMtaMa (ML ppb 



1806.] 



▲ HUB ABD OBT* 



411 



dooed in the ease, the eajd Hitobooeke was fkes fhNS blaaM in graoat* 
log the hoe 4 eiy, and that be abould be allowed tbir^ ihOUi^ costs 
by the eajd Warner."^ 



While ahsolTing the Ifagistrste, the Court also made some 
peneation to the aufferer, as appean by the order of IS November, 
1655: — 

** The Court, on a foil beariag of the esse of ThouMS Warner fai 
ref erenee to his saifeiiDg by iaqirisooment for sospitkin of nuirder, doe 
Jodg meete to order, tbat be he allowed ire pounds out of the eoAon 
tresoiy, aod ref err Urn to make Ue fan rsparatlon on TbS Beddlagt 
y* aeoosed him.** ' 

In the oourse of this hearing, Warner seems to hsTe got into 
some difficulty with the Deputy-Ooremor, as appears by thia 
entry in the Reoords: — 

<«Tbonias Warner acknowledged befoie the whole Courte, omtt to* 
getber, tbat be bad wrongf ally ehaiged the bonnored Deputy Goano^ in 
aayiog the letter he bad produced was not the letter be eoAltted him to 
prison by, for wbloh he was sony. Tbs Court aoesptsd bis aeknowl* 
sdgment"* 

Thus the ease ooncluded, i^)parently to the satiabctfam of all 
partua, except, poesiUy, Thomss Reading, the unfortunate eouroe 
of all the trouble, who, moTod, perfa^ie, alike by parental affeotion 
and a desire to see the law of the land oairied out, had instigated 
the proceeding. 

A recognition of the existence of this process under the law in 
the eariy days of the Prorince i^ipears also in 169S-<» in an 
Act in which, among the powen giren to Justioes of the Peace, 
is that to ««make out hue and oiys after runaway aenrants, thieb 
and other erimlnab.'** 

Heits as in Engknd, this old process, barbarous and insttncttra 
in its origin, sarage, though effsctlTe, in its kter ^ "ate, ^yrtema- 
tised and transformed by statute, has long been i *9olete. Ooea* 
aionally, howerer, eren to-day, an olbhoot r ^ii iUegitlBiate 
deeoendant may be found, widi all the original aerarilj unmitigated, 

> M MMMhsMtti Coloay Beoofd^ It. (Ptet I.) 646. 

•7IM.^t6L •iM.^f66. 

« Pioriaes Laws (BkMdsid editioa), liti 160a-6^ eb. 16 1 6, L 66. 



41S TBI OOUmiAL SOannr of JUflSACHUSETTB. [Dn. •9B. 



and with eren exaggerated baibarity, claiming aome jnattficatioii 
wbeie law maj be in abeyance or powerle8a» and^ poaeiUjv o£Pering 
aoMc ahow of defence or ezcoae where penrerfted legal ingenuity 
is expected to defeat deaenred conrictionv or weak commiaeration 
to froitrate the execution of jostice under law. 

Meaers. Chablss Kkowlbs Boltok of Brookline, Abthur 
Theodore Ltxait of Waltham, and Jambb Ltmah Whithkt 
oi Cambridge, were dected Beaident Membera ; and the Hon. 
J06OUA LiWBxircB CShaxbbruuv, LLJ>^ of Brunswick, 
Maine^ Frahkuk BowmrcH DsmB, AJL, of New Haven, 
Ooiuiectica t » and the Hon. Jomr Akdkbw PknBSi LLJ)., 
of Bangor, llaiiM^ Correapoiiding Members. 



INDEX. 



INDEX. 



A^ J.» 07 n. 

Abboi, Rer. £phraiiii (H. C. 1800), ol 

Greenlaod, N. H^ 300 fi. 
Aberdeen, SooUand, MrraDt men tr^ 

rired from, S20 n. 
Abridgment^ Beoon't, eited, lOA n.; 

Brooke*t, dtod, 405 m. 
Academj of Arte, Boeton. Set Amer- 

loMi Acftdemy of Artt and Seienees. 
Aceomeatieae. Set Agnmentiene. 
Aeoonnt of Inaeeto in the Barka of 

Decaying Elms and Asbee, paper by 

8ir Matthew Dudley in Rt^SSoS' 

ety's IVansaotions, dted, 81 n. 
Aoooont of the Tmat adminittered by 

the Tmateea of the Cbari^ of &<• 

waid Hopkina, hj C. P. Bowditoh, 

mentioned, 880 n. 
Adama, Abigail (SmithX wiie of Ffeeei. 

dent John, 287, 288. 

— Charles FnmeU (1807-1880), 
LL.D., H. C. 1820^ Ministar to 
England, 808. 

•-» Charles Franeis (H. C. 1850), 
LL.D., son of Charles Frandt (II. C. 
1826), attends annual dinner of Co- 
lonial Society, 885; lemonds to toast 
to the Massaehnsstts Histoiioal 8o- 
dety, 860. 

— — flenry (H. C. 1868), LL.D., 168. 

•»- llBRBBnT Baztbh, LL.D.t zfiii; 
dee e ssed, xix; elected Corresponding 
Ifember, 840, 847; aeeepts, 841. 

-*- John (178&-1830), LLJ)., PMsi- 
dent of the United States, 2, 12 n^ 
n, 200, 270; his Ufa and Worka 
oitad, 06 n., 00 n., 00 «., 70 n.,72 n^ 
76 a.; Brief ^ at trial €l sohttsn, 
1770, mentioned, 06 n. 

— Mm Quin^ (1707-1848), LL.D., 
P^eaident of the United Statea. J.H. 
Allan pfsaeheaa Diseo nr seon death 
•f,eatltled Urn 

8U 



— — Samnd (1722-1808), LL.D.,Qoiv» 
emor of Msssiohnistti, 67, 66, 02 n.. 
04, n n^ 72 a., 200-208; Eaekiel 
Goldthwait,eleoCed Besisterof Deeds 
over, 14 a.; letter of, mted, 210 n. 

Thomas Boykton (1772-1882), H. 

C. 1700, son of President John, 20L 

Addington, Isaac a044-1714V Secratair 
of the Profince, and Chieulnstice i 
the Superiovr Conrt of Judicatanu 
10 a., m. 

AddiMM, Rer. Daniel Didaney, his UCi 
and Times of Edward Bam, cited* . 
288; mentions the dosing of Kingli 
Chapel,288. 

Addrmsen of 6ag% mentioned, 201 n, 
200; of Hutchinson, mentioned, 16 n., 
00 a., 260 a., 201 a., 200, 270. 

Addresses: at the Be-dedieation of th« 
Old State Hoose by W. U. Whil- 
more, dtad, 20 a., 21 a., 24 n.} 
quoted, 20, 21, 28; Inaunral, of tha 
Mayors of Borton, dted, 22 a. ; ol 
IVeddent at Annual Meting of Co> 




Democratsu 
indpte of 



tionaT Aasodation of 
npon tha Work and Principles 
Jefferson, mentioned, 01 ; llemoriali 
by Prol. Norton on Gor. B is uB , 
quoted, 02; at tha Old South Churd^ 
by A. C. Qooddl, Jr.t«wttousi 184. 

Africa, 801. 

African ChJei, poem, m e nti oned, 200 a. 

Agamentiens (Aggamentiens or Aasa- 
mantious), lieTn^ 171^ in n., 170 
n., 180 a. Sm Toric 

Mount, 176 A. 

Atebama dainm, ^ 870. 

Aloock, CHitJoWoi ToriE« 1084, mm 
of John, 188 a. 

John, of Kltleiy and Tori^ lOM^ 

170n.tl80n. 



416 



OfDBL 



Aksasder. R«t. Ardiibaia 0779-1891], 
J. W. Atomider's Life of* ^mM, 

-?ReT. Jmm WMldti (1804-1830), 
•on of Itor. Arebibald, qnoted, in 
Fortj Tenrt' FMniliar Utten, 2»7 
«.; bbUfeof ArcbiliaklAkxaodOT, 

AlMTiUog of Eoftond, 801. 
Alfred, M«^ 108 n. ^. .,„ 

Atamqnln anb^ Dotton, Colonial So- 
^otj meet* nt, 1,341. 
ADen, CoL £UMn (n37-1780)» 272 nnd 



Frmneet (BodMuuui, h, 1700), 
ond wife of Col. EUmn, 272 and m^, 

— Jolin,of Doeton,taikyr, 1787,200 n. 

— Re?. Joseph (1700-1873), D.D^ 
H. C. 1811, of HorUOioroagb, Maae., 

— . B«r. JoesPH HnvRT, D.D., ▼!, 
ZTii, 348; of Committee of Publica- 
tion, ii ; invokes Divine Bleating at 
Annnal dinner, 80; death of, an- 
Booneed. 810; tribute to, by A. M. 
Howe, 810-314; bjr O. H. Edes, 314, 
815; ancettfy, 810; graduated from 
Barrard and the DirinitT School, 310; 
began miniatry in Jamaica Plain,3IO; 
pnttor of tlM Unitarian ebureb in 
Washington, 310, 31 1 ; jpreacbea a Oia- 
conrae on the death of J. Q. Adams, 
811 and mole ; sncceeded Dr. Hedge in 
the Unitarian Chnrch in Bangor, Me., 
81 1 ; left Bangor and bej^an teaching, 
preaching, and editing The Christian 
Essminer and The Unitarian Be- 
view, 811; edited Allen and Green- 
o«gfa*s Latin tezt-books, 312; Leo> 
tiurer on Ecclesiastical Uistorr at the 
Uanrard Dirinitr School, 812; helpe 
atmgslins ehurdbes, 312 ; a delegate 
•I the American and British Unite- 
rians to the Consistory of Unitarian 
Churches hi Transyl▼anh^ 312; re- 
•olved honorary degree from Har- 
Tartl, 312: character, 812; friendship 
irith Dr. Uaranean and F. W. Kew- 
mm, 818; death, 818; his works, 
813, 814. 

Ln^ CUrk (WaitX wifs ol Be?. 

seph,8ia 

Ihynnd, ef Windsor, Ct^ W. 8. 
AUen*s Genealogy of. aad BeoM ol 
his Deeeendfts, sited, 2W n. 

ThankfU. AmUUL 

••ft 





—- Willard Spencer, his Genealogy of 

Saanel Allen of Windsor, Conneeti- 

cnt, and Some of his Descendants, 

cited, 272 a. 
Ber. William (1784-1808), his 

American Biographical Dictionary, 

cited, 272 n, 
Allen and Greenoogh*s Latin text. 

books, mentioned, 312* 
Allibone, Samuel AusUn (1810-1880), 

LL.D., hU Dictiooaiy of Authors, 

ciled,200n. 
Ahnanac Israel Channcy's, for 1003, 

eihibited, 330. 
Almon, John (1737-1805), his Beaem- 

brancer, dted, 05 n. 
Amaoogan (Amancogan, Amrooneoo* 

gan, Amoncongin, Amoneongon,— 

nartof the Presumpseot) Bireri Me., 

Ambler, Edward, 222; CoUeetor U 
YoriE River, Va., 223. 

Mary (Cary), wife ol Edward, 

222, 223. 

— - family, 223. 

America. 24, 40, 07, 01 n., 80 a., 00^ 
112,114,11.\201 ii.,213».t2t7.241, 
203, 272, 200, 321, 340, 308, 378, 3>j0; 
Winsor*8 NarraUve and Critical llia- 
to^ of, cited. 05 »., 70 a., 72 n., 205 
n., 272 a.; Sainsbury*s Calendar of 
State Ptoers, Cokmial Series, Amer- 
ica and West Indies, mentioned, 182 
n.; J. Flint's Letters from, cited, 
225n.,qnoted,230;cited,228n.; A. 
Brown's Firrt Republic in, cited, 
228 a. ; R. Parkinson's Tour in, 
quoted, 2^; social conditions in, 
243; C. A. Brisied's The English 
Language in, quoted, 243 ; C. W. 
Jaiison's Stranger in, quoted, 250; 
J. Bradbury's Trarsis in the Interior 
of, quoted, 250; J. Bristed's Re- 
sources of the United States of, 
quoted, 251; Miss Bird's English- 
woman in, quoted, 252; C. Mackav's 
Life and Liberty in, quoted, 2M; 
T. C. GratUn's Civilized America, 
quoted, 253; continent of, 255; causa 
of, 258, 250, 205, 275, 280, 203; 
General Magaaine and Historical 
Chftmide for all the Britinh Pbm- 
tations in, publinhed by Franklin, 
msntkmed, 818; FJisabeth Montagu's 
Idsa of life in, 832; MassaehusetU 
the fbremost eommnnity of, in edn- 
eation, intelligenee, and charaetet^ 
I: Mm ioei^y aqoal to that o< 



417 



any dty in, 801; newspapers of, 302; 
carrying trade of, 371 ; building ships 
in, 372; establishment of merchant 
service in, 872; sea power, 373; 
desirous of doing its best at Phila- 
delphia eihibition, 375; Thomas's 
History of Printing in, cited, 300 n.' 
American Academy of Arts and Sci- 
enoee, Boston, 07 a.; 213 and note; 



acknowledgment to, for use of liall, 
82, 352; Cok>iiial Society meets in 
Hall of, 40, 04, 1<)7, 212. 200. 380; 
Dr. E. Pearson, (Corresponding Secre- 
' ' '^ of. 215^ " 



Ury of, 20011.; Hall _ _ 
Memoirs of the, quoted, 250. 
American and English Cydopsdia of 

Law, quoted, 220. 
American Antiquarian Society, Pro- 
ceedings of, cited, 1 1 1 n. ; owns oopios 
of early Harvard College Theses, 335. 
American Artillery, 52. .Km Regi- 
ments. 
American Biographical Dlctkmary, by 

W. Allen, cited, 272 a. 
American Colonies, 0-1, 280, 310; nss 

of the word servant in, 220. 
American Dragoons, 204. Set Regi. 

meats. 
American Farmer, Letters from an, by 

J. Hector St John, quoted, 238. 
American Hintorical Association, an- 
nual meeting of, 354, 3.>5. 
American Hiitorical Review, dted, 20. 
American House, Boston, 80 a. 
American Literature, Duyckinck's Cy- 

elopRMlU of, cited, 200 a. 
American Magnziue and l^fonthly 
Chronfele for the British (Colonies, 
qnoted, 230. 
American Medical Biography, by Dr. 

James Tliaeher, cited, 200 n. 
American Poetry, Specimens ot by 8. 

Kettell, dted, 200 n. 
American Revolution, 25^ 51, 51, 58, 
00 n., 02 n., 03, 78, 75, 202, 200 a., 
210 n., 220, 220, 23a 232, 244, 258, 
281. 280, 207, 208. 310, 321, 834, 335, 
850; approach of, 14 a. ; Instructions 
issued to Royal Governors had bear- 
ing on. 80 ; William Willmott said to 
be last man wounded in, 54 ; Gordkni's 
History of, dted. 70 a., 205 n.. the 
Beginnings of the, by Edward G. 
Porter, dted, 70 a. ; disturbances of, 
802 ; J. Bondier's View of the C^nsss 
and (?onoequenoes of the, quoted. 



papers pertaining to^ 2 
Biognvhisal flIsldMa 



LoTalistsof the, died, 200 a., 201 «., 
202 n.. 20.'i n., 200 ft., 270 a., 272 a., 
280; Tliacher's Military Journal 
during the Aroericaa Revolutionary 
War. dted, 205 n. ; Moore's Diarf 
of Uie, dted, 205 a. ; Loo^s Field 
Book of the, dted, 205 a. ; documenU 
connected with, mentioned, 840. 

American War. See American Ravo* 
lution. 

Americanisms, not understood by ao 
Eufflidi traveller, 225; by Scbela 
De Vere, quoted, 243 and neH; Die- 
tionary of, l»y J. R. Bartlatt, qMted, 
24311., 244 nl ^ 

Americans, The, by F. J. Grund, 
quoted. 258. 

Amrs, Hon. FaRDEaicK Lomaop, 
A.B., zvi ; his Memoir i>y L. Saltoa- 
stall, mentkmed, 858. 

Jamrs Baku, I^L.D., xri; snh> 

seriltes to Gould Memorial Fund, 
8(10 ; helps aliout dates of First and 
Second writs of Quo Warraatek 
840 n. ^^ 

Amherst College, E. Hitcheoek*s Remi> 
niseences of, quoted, 24a 

Ammoncongan, Amoncortgia, Amoa- 
congoo. See Aniacogan. 

Amory, Martha Balicodc, Mrs., her Do- 
mestic and Artistic Ufe of John 
SiiiglvtOB Copley, R A., dted, 103 
a., 108 n., 203 s., SUO n., 200 a., 210 
a., 213 a. ; quoted, 2l»3 n. 

Thomas (1722-1781), U. C. 1741, 

loyalist, 20011., 201. 

Amsterdam, Holland, 232 «. 

Ancestry and Descendants of Sir Rich- 
ard Saltoiistall of New England, by 
Leverett Saltonstall, mentioned, 884. 
Ancient and Honorable Artillery Com- 
pany, of Boston, 208. See Regi- 
ments. 
Ancient and Present Stateof the Cowi. 
tv of Kerry. IreUnd, by Charlsa 
Smith, mentioned, 204 a. 
Ancient f^andmarks of PlyaMNith, hj 
W. T. Davi^ dted, 283 a. ' 

Andover, Mass., 0, 7, 78, 202 a., 200 a., 
842; Town Reeords of; died, 

200 n. • •— t 

— — PhiUipe Academy, 200 a., 807 a., 

812. 
— TheokMTical Seminary, 200 a. t LU 

braiy of, 207 a.| reason for taistlM^ 

810. 



807 m 



418 



AjmRRiTt Hon. Joan FoARMTRt, 

Aadrewa, JobB.of Dontoiit 301 A. ; 260; 

hb letten (177^2-1770), qndcd, S70. 
Aadroii, Sir KdraniHl (1047-1714), Got- 

•mor of Now EoffUod, 20, 171 m^ 

17S, 101 II., 210, 210 Aod Mte. 
Aaget 5m Aneell. 
AmcH, Jamet, of PtoHdoMi^ & I;, ton 

of Thomat, 237. 
^i— lion. Jamrs BiTBmiLLt LI«.D., 

zHU. 
John (0.1001), of FkovideM8,R.Lt 

MNi of JameR, 207. 
— Tbomaf (d. 1004), of LooOon, 

Saleiii, and mridenee, wrat wtth 

Roger WilKams ffoni 8alm lo 

mndenee, 297 and iMte. 
^— fusil J, 2J7. 
Aaglo-Satofi Race, OTO, 000 n. 
An, a VMtel, 202. 
Annak of the AnMHeaa PiripH, hj W. 

B. Sprasue, dtod, 207 «. 
Amiala of King's Cbapel« bj H. W. 

Foote, died, 03 «., 112, 215 a., 200 

m^ 200 a., 200 a., 1M a«, mentlonod, 

297: completed nnder odiConhip of 

H. H. Edea, 110. 
Anne, Qneen of Ensland, 70 and nnte, 

70; notice of her &ath from London 

Gaaetto,70a. 
Annimnaai, Glooeeiier, Maia.» 170 n., 

170 n. 
Atttigna, 112. 
Apoetles, The^ bgr S. Benpn, ■•«- 

lkNied,OIO. 
Appleton, MarniH. Set Hohnoko. 
Nathanier(1731-1700). II. C. 

1740, Boetoo awrcliant, 207. 
ApUiorp, Charlee (1000-1700)* Bocton 

■creaant, 200. 

•*— Jamea (1701-1700), eon of (Charlee, 

SOOandnefr. 
•*- Sarah, dangMwr of Jaaei. Sm 

jiofion. 
«— Sarah (Wontworth), wile of 

Jamea, 200 and ne«r. 
—— family, 200 a. 
Athdia, Tesed, Midon of the Conrt of 

A«ittaatB aboard th^ 1030, 17, 20; 

Lb Sa lt one ta lTa infnit<ii a paeeeMer 

onthe.000. 
Ariiilration, 070; eonrtof^OTO; tinalj 

of, failed in Senate, 070. 
Aidw, ThonMM, hii Pfetnioeand Rojal 

Pertrait e l lioitfa tifo of EngiiA and 

Seetliih Hlileiy, oHed, 210 n. 



Artictee of CJonfederation, 1040, 
tinned, 110. 

Artidei of I'eaee, with the Indiana, 
1003, dgiied, 104. 

ArUllerj. Ste Kegimenta. 

— - ComnanT. See Ancient and llba- 
orable Artillery Company. 

Anindel (Cape Forpoiee), Me. Sei 
Kennebunkport. 

Adneoo-men, 250. 

AewmMy. See nnder Maieachnaetta. 

Amenego-men. Ste Asinego-men. 

Antor Library, New York, 02. 

Atfauitk Monthly, dted, 00; men- 
tioned, 02; qnotod, 200, 240, 241. 

Atiantio Ocean, 17, 20, 210; hna and 
cry on this tide of^ 400. 

Atlas, newspaper, qnoted, 202. 

Atterbunr, Francis (1002-1702), Bishop 
of Rocnenter, 70. 

Attacks, Crispos, mortaOy wonnded 
6 March. 1770, 02. 

Atwood*s Oyster Iloosa, Boston, 207. 

AcsTtw, Hon. Jamrs WALxnn, zri. 

William (inO-1841), U. C, 

1700| his Lnteri from London, 
qnoted, 239,230. 

Antobiography, Reminlscenem and 
Utters, J. Trombul]*s, dted, 109 a. 

Antnmn, by H. D. Thorean, qnoted, 
259. 

Avery, John (1730-1000), n. C. 1700, 
Jostice of the Conrt of Generd Ses- 
sions and Secretary of Massachnsetts, 
290; audits acoonnta of BaikUnc 
Committee on Conrt Honse^ 170^ 
22 a. 

BaBSOX, John Jamea, his History of 
the Town of Gloneester, Cane Ann, 
quoted, 170 a. ; dted, 170 a. ; his Notes 
and Additions thereto, dtod, 220 a.; 
247 a. 

— — Romnrr TiLLfnonAar, LL.B., 
zvii; subscribm to Gonid Memorial 
Fnnd. 000. 

Bacon, Matthew, his Abridgment, dted, 
404 a. 

—— Thomaa, his Laws of Maryland al 
Large, qnoted, 234. 

Bahamas, the Idanda of the Weal In- 
dies, 222 n. 

Bail^. Capt. Jaeoh^ 1700, 200. Se$ 

Bdnbiidfa, Christopher (e. 1404- 
1014), Archbidiqp of Torfc 
tlinlinil, anotad^ 110. 



niDBL 



41» 



Baker, John, of Iptwieh, Mam., 1000^ 
175 a. 

John, of Cape ForpoisQ, Ma., 1050, 

175 a. 
Balcb. FnAKCM YBnoimca, LI^ B. 

ilL C, 1959), son of Joneph, ri, zvi, 
49; death of, annonooed, 197, 199; 
remarks on death of, by a a Racko- 
maun, 199, 190; 1^ M. WiUiams, 
190, 100; by John Noble, 100, 101; 
by H. H. Edes, 101, 102. 

Joseph, 189, 190. 

Baldwim, Hon. Simboit Ebbx, LL. D., 
zdii ; elected a Corresponding Mem- 
ber, 200, 047; accepts, 200. 

Bdfonr, Capt Nisbei (174»-1820), 
51. 

Balla^ James Cnrtis, Ph. D., 227; 
his llliite Serritnde in the Colony of 
Virginia, qnoted, 229, 24a 

BalUrd, John, Jaror, 1777, 20L 

BaJlister, Sarah Eliiabath. Sm Rns> 
eell. 

Bdtimore, Md., 54, 227 a. 

Bancroft, Cecil Franklin Pdch, LL. D^ 
his article on the Grara of Dr. Per- 
son. dUsd, 207 a. 

George (1000-1001), LLJ)., 40, 

Bangor, Me., Oil, 412. 

-^ Unitarian Chnrch, Oil. 

Bakos, Kdwahd AppLRTosr, A. B., 

xrii; sobsoribm to Gonid Memorial 

Fnnd, 800. 
Bankrupt Law, of 1907, 43. 
Banks, Charlm Edward, M. D., 101 a. 
^— Richard, selectman of Tork, 1070, 

177 a. i 

Bar Assodatwn of Boston, Jndga John 

Lowell Preddent of , 49. 
Barbadoes, 250; AcU and Statateaof 

the Ishmd of, compiled l»y John 

Jennings, qnoted, 255; R. HallV 

Acts, Ptasad in the Isknd ol^ qnoted, 
250. 

Baroote, Faringdon, Berka, Engknd, 
258. • 

Barefoot, Sarah, sister of Depaty* 

Got. Wdter. Se$ WIggln. 
— Wdter (rf. c. 1009), of Dorer, 

Depnty-Govemor of New Uamp- 

shirs, 103 and note. 
Barker, Benjamin, of Andorer, ; cam 

of HaTerUll against, 1740, 0-9. 
—-Caroline (Gonynra), wife of Lt^ 

Cd. Mm, 00. 
-^- Uent-Gen. Georca Digby. C. B.. 
of Bermnda, grandson of 



Lient-<^ John, 040; ramaiks on, 
by £. G. FDTter, 40-00; visits Bos- 
ton and Tidnity. 40, 00; Diary of 
his grandfather fonnd, 00-02; au- 
thorship of Diary established, 03; 
explanation of ownerdiip of Diary, 
54 ; ancestry, 55. 

— Hon. JAMsa Madisow, LL.IX, 
zriL 

— Admird John (ti. 1770), 08, Ot, 
and adr. 

— Ueui.- Cd. John, son of Admiral 
John, 40, 52-55 ; his Diair (1775, 

' mentioned, 51-54 



of William Bod- 



1770), dted, 00; 
and note; 040. 

^— Jonatlian, case 
well v., 9, 0. 

famUy, 50. 

Bariow, Gen. Frands Channhig (H. C. 
1051), attends canrassing of the role 
of Fk>rida in disputed election of 
1970,377. 

— Samuel Latham Mitchell, his copy 
of the Massachusetts Cdony Rec- 
ords mentioned, 144, 145. 

Barnard, Lidia, widow, 1720, 70. 

Barons of the Pdtomack and the Ran. 
Mbannock, by M. D. Conway, dted, 

Barr^ Col. Isaac (1720-1002), 70 a. 
Barrett, Mary (OariceX wifeof Sawnel, 

Samud(aC.1757),LL.D^214a. 

Sarah, daughter of SamnsL Set 

Cabot 
BtarUk, James, of fury whioh trM 

Cto^ Thomaa Predon, 1770, 02. 
Bartholomew, Henry (c. 1001-1002), 
^ of Salem, Mass., 110, 117, 110, 131. 
Bartlett, John, of Plymmith, 1737, 

235. 
— • Jon«, A.M., «rU. 
John Russdl (1000-1000), hie 

Didionary of Amerteanlsms, qndad, 

243 a. ; 244 a. -» -». 

Sidner (H. C. 1010), LL.D., 40. 

Barton, Edmund Mills, Ubntfiaa of tha 

American Antiquarian Society, hi. 

debtednem to^ acknowledged. 335. 
Bartram, John (1000-17n), 230 a. 
BaskarriUe, John (1700-1770), printer, 

. Edward (1720-1003), H. C 1744, 
Bishop of Massachusetts, Bar. D.D. 
Addison's Life and Tlmm of, dted, 

29a 

of Brdnlrs^ Mass^ 
104^ 117, 12«, 100, lOL 



Clnrch near, S±l anil mm. 

Bmmm-i Seek, Ita., 177 ». 

BATima, lion. Janm Pnixan, AM. 
Ti,s*iii,ia9a.; indebtodnM* to. t1 
hi* aiuMoript eon of York Omit 
BMonb eoanill«l,l<Oii. i bit noU ii 
U« TntewMj Papen. dlml, 177 a. ; 
ITS*. 

Be*. Richard (laiS-KBl), Ml. 

■alter UtuiueripU, in CelleMloaa of 
Iblna Historical SocM7,eitoii, 17R r 



181 I 



..iiBib. in*. 



Baj of Faadf. N. S.. 9tU n. 
a»jiej. SrtButtej; Daylr- 
Batum*. Waltkb Camft, A.B., st); 
aabaoibM to fitMU Uanonal Faad, 

Ba*l«, Edu er EdMr (LaBbart), 

>Uin>o(Ueliaid. &(NortlM>d. 

JaH|4, MM of Risbanl, tan. 

Riebard (rf.c ]SM),a( Ljraa, 190. 

&■ Baikr. 

BaacDB Hill. BortoB. Silo.; J.&C«p- 

ln->ariataon,90t. 

Stnet, BoatOD, IM. 

Baak. John, ot Uinshaa, Ua^ IHI, 

IIT. ISl. 
Bmumo, Join, kta •dltkia of r.)BaTl]le, 

i»led,3MB. 
B«r lohMl, Kmaara Rinr. Ireland, 

SMB.; Hurldlo lower on, 301a. 
Bninntas of Ike RentlntkA, tba, R«r. 



t (1083-1(07), <;«*• 
cbneaua, M a, 113, 

na,itt. 

Saiab. AeLTde. 

BeUai«, Me., IBS. 

BalkMn Jemniab, f«rar, ITTT, «l. 

Re*. JeraMj (17-U-17>1I). 1I.D., 

301 and mtii hi* litatofT of Maw 

IlanpeUre^ dtad, 171 », 180 >., 

IHn. 
Sen. DaaiaL ahrk of the f:oart of 

Ommm rieai, 177S, 03 m. 
■aUlnchan, Ri Aaid (e. laW-UffJ). 

Ml. HI ■ ; wTourfnl^ Avgtd bj 

Tl man ITaTMr, 4tl. 
BalRiir,Va.,3}l-£H. 
BMidaU, Edward (ft. IMS), ef BmK*, 

isr. 

CoM^Mi., »l», Mlt «n«t 

HmIv Balk of tmennlNd b, 1778, 
■ilCnrtHaw^n. 



Barnard. Sir Fmnda (t. 1713-17n), 
OoTonMT of UnnaohnntU. 04. 70^ 
>tO ; ordrnf] Town IIooMopaoeil tor 
•belter al trooi», 1708, SB. 

Bethnne. Ororge (rf. 1780}, IL C. 171% 
lovalifl. -ieo n. 201. 

Dererlej, Itobert (c. 1870-1710), bin 
IliiriarT of Virfinii^ qnolod. Ml. 

BereriT.^itai^, 175 •., 312 >. 

town ItcBonU ol, eiled, 913 m. 

DiUe. quolfd. 203 a, 2-12, 2l:t. S» 
and hM, H9 and mHi; )H, 118, mm- 
lioiied, lU, »^. 300n..4a>i etiad, 
80 ■>., .100 a., 387 ■. ; letter and ae- 
eonnt about printing Eliol^ Indian, 
3SO-30-J. 



BihHofruihieal Sketch of the Uwi of 
theUalMehuaetla CoIdiit, bj W. IL 
Wkitmore, oitod, 100, lU a, lU n.. 



191, 190 a. 
ibliaaraphjof the Ilintorieal Pablka- 
tkH» el Ihe New Rngland Statoi, by 
A. P. C Grillln, ciiod, 130. 

BitU for nwalii and lodginge of ft ]nr7, 
1770. exhibilnl \>J J. Kol>le. 98-00. 

Diilln.John,ofl'uoat«qua,iN. 11,1030, 
178 a. 

Biu-inaa, JoBX Sa*w, D.C.I., zrlU. 

mill o( ereilit,B7, 101, 100, 110; Old 
Tenor, 08. lUO; lawful Monej.OS, 
New London Soeietj aniiti, tt> ; New 
Tenor, 100; faceiuilo of, 100; of 
OMmectient ColonT, 101, 102, 108, 
ill; lFnnrotr>i]blui.1ff)- 

Blognplileal Sketobei o( I he r.riulnfttea 
rf Yale CoUcfo, bj F. D. Ifaitar, 
dtad,309n. 

llDgnphieal tiketchsa of Lojaheta «t 
tba AnMirieaB ReToiulion, 1>7 L» 
nmo Sabina, cited. 300 a., 301 a 



Bird, 



S n., 305 H., 30B n., 370 a., 37 
LlaabdlaLMT. SMBubop. 



373*. 



^ Lai7 (Bird), bar £■•• 

liihwoman in Amorioa, qaoled, SSt 

Bkfaop of iMidon, Ronl CoBiinlwoa 
to, 1720-37, T, 119-118. 

Bbael^ John, of Cocknaetiont, Ml, lOlt 
loo. 

Blnck, Daniel (d. c. ITIT), ot York, Ma., 



^— GwMaK Viiox, nil: eauKi 
to RooM Utanorial Fnad. 800. 

William, prinlor, of WilBtofli^ 

DoL, laot, IM H. 

■ " * — '-a^iu. 



BUokraaa, Rari«li. Sm Wontwortfa. 
Bladutonn, Sir William (1730-1780), 

hia Cowimantariea on the Lawi ol 

EngUnd, quoted, 301, 309. 
Blaine Jamea UiUeapia (ISOCmsot), 

LL.U., bla Twenl* Yean In Coo- 

giom, Baotioned, 811. 
Bfikeman, KeT. Benjamin (H. C. 

lao»X pomibij eonoarued la Harrard 

TheMaof 10<{s,8ae. 
Bianchard. KaT. Ira Hear* Tbomaa 

<ll. C. 1817), 198 B. 
- — Marjtarat BromSald (I^anMn) 

(1787-1870). wile of Ira Hanrv 

Thomee. IM; 100, 301 n. ; bir(l^ 



Blowden, 

Board of Trade Fane 
Journal in, In Pnbllo 
London, quoted, 181 a. 



1770, 



BodweU, WlUiam, cmo of, *. Jonalhaa 

Barker, 1701, 8, 8. 
Bodjof Liberties UamaohaMtta, 1011. 

nientioned, Its, 108, 101. 
Bolinebroke, Heorv BL Jolia (1<78- 

1761). ViMOBnl. 78, 70. 
Bidlan, William (d. 1778), aonJn-bw 

oE Got. Shlrle;, 7, TO a.; agent of 

the ProTinoe In London. 3L 
Bollai, Joaeph, ot Well*. Ue., elark of 

tba write, tOO: made afnaman, 1093, 

tOOn. 
BoLToH, CsAnLH Khowlr*, A. B,, 

selli ekMod Ruident Member. 413. 
Bond, John Jamea (1810-1883), liU 

llandT-Book of Bukn and Tablea for 

Verit;iDi Dataa with the Ctariatian 

Era, died, 340 



of Co^ (JI»MhnMUi (Moot 
Reoordij, roeatloned, I3t^ 146-147, 
IM; 100-104,108. 

Booth, Robert (e. 1003-1073), of Saw, 
He., 178 -.,407, 408,410; hi* oartt 
•oato, 100: oBoe* held tnr, 400 a. 

Boothbw, Ma., IM a. 

B^^ Mane., 1, id 

aaW. 16-17,90 S, 

41, 49. 40, 40, 0, 

06 and wXt, 0< b. 

70andaeM,8a l; 

100,111 a., 117 3, 

14SaHll0. It) u 

181 a., 186, K- , ... ...id 

>«>, las a.. 197 and aate. IBS. 100. 
9aoaiidaw«9UJandBW«aO>,301^, 



907, 908 and a«i, 300 and aaffc lit 
and aste. 912, 218 a., 914 a., 916 a., 
310 a., 390, 291, 990 n.. 301 a., 903 
and aal^ 308 and ■»(■. 381, 980, 
308,200, 370. 371 and mM, 379, 971, 
374, 377, 381, 989; 38S, 984. 387. 
988 a., 900 and aar^. SSI a., 303o., 
31Utn.,iur, 311 a., S18, 831. 84-1 and 
a^«. 344, 340, 1I«I,.1A1, 898, as, 387 a., 
300, 301, 406, 407, 400 ; need* of 
town ot, IB : nUef of, IS ; oelretmeB 
of, 10-31, 09 a.. 108 e. ; qwetal eowt 
bald at, 903; iMtruetion* to ropr» 
■eniatli'Mof,30S;atIii4id*ottowanla 
Iba PrevlDce, 3B0 ; Dr. John Warm 
the flrit Fourth ot Jnlr orator la, 
387 a.; P. K. Sean a mombv ^ 
City Conitdl, 843 ; Am railnad Inun 
troia. 1887. 801 ; promt mt by Sir 
R SaltooMall to nitinic >Biniiit«n of, 
370; L. Saltonaiall appointed Ca(> 
leetor of tb* Pbrt«t,WUt MrbMg 
pnen. nnotad, 8B9. 
— Algonquin CInb, I, 341. 



BaieDoe*. Stttlmi. 
Anwrlean Hoone, 80 a. 

— Andent and UoooraUa ArtiUBi7 
CoupaoT, 3B8. 

— Aeeodated Charitiaa, IB. 

— AthanBum, owut Uarrard ThMi 
ot 1781, »19. 

— AtUa,!99. 

— Atwood^ OjMar Honai^ ttt. 

— Bar, 48, 100. 300. 

— Bar AaaodatioD, 48. 

— Itneon Hill. 301. 918 n. 

— lloaoon Strait, 1B8. 

— BntUa Bqaan, Chuak la. mo- 
orde of tbe, oitod. 90S a.; 310a.| 
Fourth of Jalj aration ^Unnd In, 
387 a. 

BrHor't BnildloK 18. 

Capeti'a (HopaiUll) wtan om* a 

faaUonahh ■hoppiarflaaa K 1B7, 

308. 

— CaaUe Tnilkm, St, 80 >., ItT. 

— Chamber of Commona, 371, S7S. 

— Chriat Chunh. 31 a.; 90S a. 

— Ct^ Hall, 33 a.; 31. 

— ClTllSwTieaBaf — ' 



- (Mnmbian Ceattnal, 909 a.,Sn a, 
174 -.,383 a. 380 a., 9Bt, 
-C>imoMraWClnb.S7<. 
-ComntMi, BiilUi laglmal » 
oam-don.34._ 



<amn*don.» 
— CwMoaw 



Benmt, Ham. (and 

— cep^ am, to. f mi mm; 

Cgvtar. qMtod, Sll^ 

CoMt Horn (Ton Hom*. 1N»- 

17N}. la, Ifl. 17, 30-a, 1«L 
(Qbmb, BowCoBrt, ttnrt. I7«- 

1810), aa mad mu, tl m., U; m», 

IfUMlMM. 

(SdMDl SbMt, ino-tsNX »l 
■M. 93. 

(Coart SbMt, ISM-lSn), St ud 
mm: old. 31. 

(hmbntoB Sifuim, !<«•}, S> l 

Coort Knct, S Md mm, SS. 



^— Dnouliim Stmt, IS. 
EraesKtioa at 7S, 3T1. 



— EraniiiE T 
q<Mt«),3>U«. 

^— EuiMun FIml IM Md MM. 

GidMDn Stnrt, SM. 

FanMU HiU, 98, «, ffS i toaoj 

b^d i>, 17M, ». 

' Pmtt* Conrt, S8I >. 

rMof171l,30,M. 

— ni«<i<i7*7.7>.,u,i4>t..i<^ii; 

n,39,HSS^llL 

FlrM,laMo(re«ordiliT, M 

^— nrit nnnb, SI) Dor. Win- 
tbiiw'i «M Joibna baptiMd at, 149; 
i«amllotqmX«],l<3; A. a '""-'- 
Bi9torJr tf , qnotH, 9«*- 

— rUU Molh RccidMrt, M. 
-GMKta and Com^rj TiimmI. 



^— UraauT Baninf Gmmd, ttt. 

Gma Ur^pa TStm, 9fl. 

llHHmrSUwt,Na^SnB. 

— IhTBuriMt FUm 9S4 •. 

Har<nrdn>M,9MMHlMH; 

■^HaadPlaoalMii. 

llkliii7<braUlaMr,«MM 



..^ .M Onttni br J. 

& Lorlag, <UaA 9M >., m n, IN «., 
MI n, SM a.. MO a, m a. 



-M (OmQ, a»,Cl.MI,M4, I7i. 



King'i Chud, H a, 11^ 

913 H., «0 a., S87, MS and N> 



909 a. 

— I.Maa School, IM a., 3H. 



t CO^HM 



UnnU-i 

Straat),lM>. 
^— UaJall How(BO<>E»bM«« FboaX 

IMaodaM. 
Loaa WWf or Boatoa Fte, 

ina^lMa,9S0B. 

LoweU lortltale. Sit. 

MushaU Strart, 307. 

ManaoboMtU Guetto, dtod, « ■. 

Uanaera, S8, 3M; llialoiT c^ bj 

F. Kiddar, dl«l,Ua.,Ms., 70a.t 

J Baled, U a. ; pictitn oC nMaUoaad, 
II a.; Mkbntioa ol, ebaaged to 
odc-btBlioD of Fourth at Jaly, Mi; 



Memorial Hutoir of, bv J. W1>' 

r, died, 14 a„ 15 a., af ■., «> «, 

TO «., 76 a., BS, IM a. IPO a^ 90S «q 

Ml ■.. 903 a., tU a, 9M a., 9Tt «. ) 

qaotcd, IT. M, sea a.. 3;a. 
' Honhi BaiMlag, IM a. 



HMMm oC FtM Arta, IM a. 

NewNorthCbiDtb,91ia. 

N«wbwr(MwWMUn(loa)8lmt, 

Km-Ldtar, dtad, H a., 7t », 

"t; qaal*d,Wa. 
Korth F.nd, 970, ST4. 
North I.«Un School, IH. 

OM Oriek MMtiug llout (Fin* 

Cfaalrb), 91H. 



Cfaalrb), 91H. 
OldSoathC)iBTBli,MI>a. 



-OMS 

IM aod aa«, 9«7, 3M. 

— OM State IlaoM, «, II, « a. 

— Old Tb«n f loMB, 4B. 

— Pmbwtoa Sqaan, 9S. 

. — Flolut«o{,lHA.Bowen.dtad,93. 
_FtarMLoa(mv{,lSOa.,lMt^ 



Fwt Bin (Tom) 

rrtoMlibw7,US. 
rriaMflodatj, MOa. 

PBbllaLU>iM;.IO,SSa^I44,SUi 

ClMBb«kla Oilltitiiw lm,ti»U 



~— Qatlrar Lam (dow OongnM 
8tn«t), IM a. 

Qnakar UMUog tloMa^ IM a. 

— QMcn(Bow Coorti StrMt, 33,M a. 

^— Heoord CotnniiMtDnent' tUporti^ 
qBotsd, U H., ID. TV a., Tt n., Ti a., 
143, IM ■., 3S8-31I-J, 3«a-3ei^ 371, 
aei-SBT a.) dlod, It a., lU a., U a., 
•3 a., «« a., I9T a., 3M a., SH a., 
9«S a., 371 a., 1S6 a., IM a., 9U a. 

~— Rogtn Building. 18. 

St. Audtaw's Lodge, SM a, 

-^ Sandcmniian SmI^, 970^ 971 

School Sttoet, 23 

ScooDd Cbaroh, C. BobUM-* HIa- 

(on ef, qooled, 9Sa 
— — b«laetiiiaii'*Uiiiatci,nMnUoiMd,n. 



IBTO, died, 303 a, 9eS a., 973 a. 

quoted, 97A, 374. 

• Somanet aub HoaM^ IM. 

Stale Mom*, 71 a., IH. 

8laUHoBes,01d,«,4l,«la. 

State Straat, 18, MS. 

— Tea PartT, M; Ml«r about, (ram 

Franklio, 67, M) ' "" 



TmAo(,81j>- 
-^ Thaatn, 2SS a. 
Third NatKHwl Bank, », SS). 

— ToMwraphioal aod HittoriMl 
DeMriMlon or, br If. B. Shnrtlaff, 
died, m a.. 903 a., sea >., 3M a. 

— Town Dooki (Hocord*}, men- 
tloned, 79 a., 2S7. 

Town HooM. t>-33, M ; old. 46. 

Town Uaatingi, 71 a., 73 a.. Ml, 

988; warrant for, qtKited,SA8; 360; 

bold al Old Brick meeting hooM, 381. 

— Town Raoord*, died, 14 a., M a., 
119 a., 1S3 a., IM a., SCO a., 308 a., 
SIO a., 314 a, 987, MB a., 9M a.) 
nenUooed. 64 a., 71, 73 a.. 958, SS2, 
988-370, 3M;qaolad, 384. .SNatMi, 
Town Book*. 

^— Tremont BtfMt, S9 ■. 

Tremoat ThMlrv, 984 a. 

Trinlh Cbaroh, IBliSeglrien of, 

dtMl, IH a., 104 a., IM a., SM a. ; 

BMoUonMl, 1B4 i qnotad, 9M a., 389 

a.. >74 a. 

UBk»SaMjDepodtTaalta,SM. 

DnioB Stiecl. srth S8T. 

DaiMHity, 8S. 



— WadtlncloBatfart,U,Ba,MI 
a., 981 a. 

LetterT^ 

— WUta HoiM nrm, wr lam, 
989 a^ 183 and aeM^ StI a. 

V'Idk'iLmw (now D« Bt.),9M>. 
« irrlshtoa.BiinkerHIII,CWli>. 



JwirrlKhtoa,B 
«,Darohaiter,. 



BoKoo u>d Hiin* Railroad. 844. 

BoBdMT, H*f. Jooatfaaa <1TU-1804), 
bii %'iaw of Um Caaaa aod Conaa- 
qneocM of the AMMteaa BenlalioB, 
quoted. 337 a. 

BouHerTNaUiaotd. 130. 

BoorlMK, Sir Jobo George nSI7-lBM), 
latter of n«nt boa*, UT. 

BonnM, Kdward Emenoa (ITfT-lSTS), 
hia HiatotT ol Welb and K«ua- 
bunk, UalM, dted. 176 a. 

BowMtCftCHAaMa Pkkuiumi, A JI., 
sri; nbaeribM la Goald Uanartel 
Fud. IM; rMoarin en UopkiM 
Fonndatioua, Ml Ua Aceant at 
Iba TiMt •dmtotitarad tn tha Tna- 
teea of the Charito of l/wMd Hop- 
-' ■anliooed.MBa. 
KhaoM I 

1839, W 

dted, SIS a. 

lawdDia, iaiBM (1797-11 
H. C. I74S, Goraraor at 
artta,970. 

— Junea (1769-1811), H. O. 1771, 
MnofGoT. JanMa,3Ma. 

— iniluun, 981 a. 

Bowao, Abd (17B0-IBI)0), a< Baato a , 
ensTkver, aoa of Abd of Oraenbaab, 
N. Y., bia Plelan of Boatoa, dtad, 
3S. 

p 1 .!„ ^qulrrd, pldaia bj Jaha 

naottoaed. IM. 



•d (ram Waid H 



tloa,Liaat.JaM]ph,Mra. 
Sarah (TJb3)^wUm of Uart. 
Joaeph.3S7 a. 
— tullr, SM. 

InMon, Bialton, or Biatta*, Haaij da 
(<{. ISOS), 8M ( etlad. Mt a. 1 kU U* 
UfibM at CoMaaladioibMA^M. 



4M 



Bndbwy* Mm, hit TkmTdi In lh« Ib. 

ierior ol AoMriea, ottotod, SaO. 
BnMlfofd, John, of njrmoath, 1Q03» S8t. 
— — JoMtrfi, Jr^ jaror, ITTT* 908. 
BnMlfonl, AUm^ *ja^ n. 
Bndstreet, l<«c]r (WoedWidce), wIfB of 

Rot. SiiNOo, 12.1. 
«— Somoel (1711-i;.1735), aoo of 

BoT. Simoa (II. C. Hm) of CiMtfleo- 
ini. M a w ., 201 n. 

Sumel (174.V1810), Morduuit of 
aad CluurfeoUnrAt iott of 

SuBuel, 261 and MOlt. 
— Simon (1603-1007), (Governor of 

lUMaelmMtU 116. 
«— Rev. Simon (II. C. 1660), of Now 

London, aon of Got. Simon, 925. 

361 n. 
Brainti^ JUm^ 20,62, 117, 122, S90. 
BraintfT. 5m Braintroo. 
Brandon, Edward John, City Cleric of 

Cambridge, aanorr i a M iwbttoUion of 

Early Town Fkoeoodinct of Cam* 

bri<^S51. 
Bratebcr, Anttin, inqniij into d«iUi 

of, 10^ IS. 
BraUla S^aara, Chnreli in, Roaton, 

rcoordt of, cited, 206 n^ 210 n.; 

Fonrth of JalT oration daUrered in, 

387 n. 
Brattoo. SMBraelon. 
Braacr's Bnildinf, Borton, dUof int 

■Mctim^lionae, 18. 
Breek. Samnel (1771-iM2), of Roaton, 

Brrnton, Un. [7 Mairtlia, wife of (*ot. 

WilUnm of Rliode Itland], 220. 
Breton, Mm la (<f. 127d). Biahop of 

Heinlaed, cited, 004 n. ; quoted, m 
BmttoB. SitBmcton. 
BnswsTKR, Frawk, AJI., ztL 

Elder William (e. 1600-10441018. 

Brewster, Maaa., 041 040. 

Bridgea, Capt Roberi (if. 1090), of 

Wnn, Clerk and SpaJrar of tlio 

Amae of Depntieo, 11^ 130^ 140, 

100, ^9^ 100. 

Brief of John Adaaa, al tffal of aol- 

dierH, 1770, cited, 00 n. 
. BrigMon, Maaa.« 70 n. 
BnuaiBa, Hon. IIartiii; A.B., zrl, 4. 
BriMot do WanriOe, Jeon Piorri (1754- 

1700), hia Bow IVaTda in tiM Unitad 

Slatea, moled, 300. 
Bviiled, Chnriea Aator, hia EngHili 

f •n g na dg i in Ameriea» in Ombrtdgo 



Mm, hit fUMNUcea of tiM United 

Statea of America, or America and 
her Reaonreea, qnoted, 301. 

Briatol, Masa., 026. 

.— ConntT, Mass., ConTontlon, 60. 

Britannia, Sy Willtam Camden, dted, 
113. 

British, the, 271 ; regimenta In Beaton, 
86; aoMierinir, 20; officer, Diary of, 
mentioned, 00; War Office. 01, 53; 
aenrice, 51 ; side, 202 ; flag; 200; for- 
cmment, 203 n. ; caTalry need Old 
South Meeting-llonse as a 
achool, 280; deputation, 070. 

Army lists, 52. 

— llosenm, 04. 

Soldieiv. John KoUe exhiMta bin 

for jury which tried, 1770, 60. 00; 

trial of;04>70; meniiocicd, 340; ra- 

port of trials of, mentioned, 05 n.^ 

70 n. 
Britlon, Bishop of Hereford. Sm Bra* 

ton. 
Broadstreet 5m Bradstreet 
Broadway, K. T., 200 n. 
Broke or Brooke, Sir Robert (d. 1060), 

hia Abridgment, cited, 405 n. 
Brmnlield, Abigail, datq^ter of CoL 

IlenrT. S€t Uocers. 
Edward, father of CoL Henry, 

202 a. 

— Elimbeth, daaghter of Col Henry. 
4S;ct Rogers. 

— Hannah (CUrke), aecond wife of 
Col. Henry, 210 n. 

— CoL llenry (1727-1020), 67 n., 
107, 108L 2(6-204. 210, and mote; 
birth and death, 202 n. ; sketch of, 
called a New England Country (Gen- 
tleman, cited, 2U2 n.; Charles M- 
ham's letters to, 200, 310. 

-— Margaret (Payerweather) (1702- 
1701), flnt wife of 0>L Henry,211 a. ; 
birth and marriage, 310; death, 211. 

Sally, danghter of CoL Homy. 

-iT^VUIiami of Stoka Ntwingtoo, 
1504,202 0. 

— manaion, 202. 

— name of, 200 n. 

— School at Harrard, Mass., 300 n. 
Bromflelda, the, n pamphlet on, by D. 

D. ShMie, in the Ifow Enghind His. 
torical and (Senealogieal Register, 
cited, 100 n.; Americiin, 303 n. 
Bronson, Henry, M.D., HI ; hki nis> 
torical Account of the Conneoticnt 
Ib FhoMO of the Bow 



4i6 



Hairen Colony HMorioal Soeialy, 

dted. Ill n. ' 

Brooke. Set Broke. 
Brookfleld, Mass., 311, 010. 
Brookliiie, Mass., 180, 413; Moddy 

RiTcr aiid Brooklioe Records, quoted, 

337 and nde, 2u0. 
Broom, Herbert (1815-1802), Broom 

and Uadley*s Commentaries on the 

Laws of England, cited, 404 n. 
Bronne. 5m Browne. 
Brown, Alexander, LL.D., his First 

Republic in America, dted, 220 n. 

— John, 1741, 017. 

— William Garrott (H. C. 1801), 
in chaige of HarTard Cdlege Ar- 
chiTcs, 282 n. ; remarks upon inter- 
pretation of letters in College Pro- 
grammes, 0.34 ; his artfcle in the 
Hanrard Graduates' Magaxine, upon 
the UuirerdtT ArchiTco, cited, 051. 

Brown UniTcrsfty, 241 n., 20a 
Browne, Lieut. I^eonard, R. A., 51. 
^—Richard, of Watertown, Mass., 
1040. 117, 110, 180, 131. 

— William (1730-1002), H. C 1755, 
of Salem, Judge of the Superionr 
Court of Judicature, 70. 

Bruce, Philip Alexander, hia Economic 
History of Virginia in the Seren- 
teenth Century, cited, 228 n. ; hia 
letter nnoted, 233 n. 

Broen, OiNuliah, Deputy from CUoooeo- 
ter, Mass., 1040, 117, 127. 

Brunner, lleinrfoh.hi^ DeutMbe Bochta* 
geeohlchte. cited, 400 n. 

Brunswick, lie., 412. 

Brunswick, House of, 70. 

Brush, Crean (d, 1778), 204 ; a striking 
figure, 272; emigrmted to Amerftsa, 
373; commission issued to, quoted, 
870; executes It, 273 ; departure and 
capture, 274; imprisonment in Bos- 
ton Jail, 274; death, 274; rooordof 
n case of John Rowe against, ouoted, 
375; John Hill recorers jndgBMnt 
In case against, 375. 

Buchanan, Frances (b, 1700), stop, 
daughter of Crean Brush. 5m Allen. 

Buck, Jamea, of Boston, 00 n. 

Buckingham, Joeeph Tinker (1770- 
1861)1 oditer of the Beaton Courier, 
310; his Personal Memdrs and Re. 
oolleotiont of Editorial Ule, quoted, 
810. 

— Sarah (Hooker), wife of Be?. 
Stephen, 78w 

•^— Bar. Stophea (fl. a 1000), ol 



Borwalk, Conn., aoo of Be?, 

of Saybrook, 70, OL 

— Re?. Thomas (1040-1700), ol 8i^. 

brook, Omn., 78. 
Buckinghjunshire, EngU»d, OOi 
Buckiniuster, Joseph, 70 n. 
BuflTam, Deborah, daughter of Bobeit 

of Salem. 5m Wilson. 
Bulfiiicb, Charles (170.%-1044), II. C. 

1781, 313 and nete, 040. 
BuUiraat, Dr. Benjamin, hia Journal, 

a noted, 101 n. 
kMk,Amiah. 5m Anaah BnOosk. 
*^ Annah. See Morton. 
WiUiam, bis VirginU Impartlaay 

Examined, quoted, ill. 
Bunker Hill, Charlestown, Mass., 40, 

040; monument on, 00; Tmnrimirj 

battle-Diece ol, mentioned, 315; poem 

on, by Mrs. Morton, mentioned, 880. 
Burbeck, Chariotte Augusta, daughter 

of Gen. Henry, 51 aiM ftWc, 53. 

Edward, father of WiUiam, 50 n. 

Gen. llenry (1754-18i8X aon of 

WiUiam, 50 and fM<t^54;daoglit«n 

of, 51 ; papen of, 63. 
Jerushn (Gkyrer), wife of WB- 

liam, 53 n. 

Marthn (Shute), wife of EdwMvl, 

53 n. 
Lt-Cd. WiUiam (1716-1785), fn. 

tberof Gen. Henry, Mn., 04. 
-^ famUy, 53. 
Burdett, Georn, prwMhar, 1640^ el 

Exeter and York, 180 n. 
Burke, John (1787-1848), his Extinct 

and Dormant Baronetciea, cited, 01 n. 
Sir John Bernard (1815-1802), 

son of John, hie Extinct and Dor. 

mant Baronetciea, dted, 01 n.; his 

Landed Gentry, dted, 201 n. 
Bum, Richard (1700-1780), hia Justico 

of the Psaoe and Fviih OOosr, 

quoted, 000. 
Burnet, Gilbert (1040-1715), Bishop of 

SaUsbnry, quoted, i% 
Bush, Jdhn, constaMa of Wells, Mo^ 

400; depodtioo ol, 408^ 400; made 

a frseoMtt, 1050, 400 n. 
Butler, Gen. Benjamin FVanklin 

fCdby, 1030), LL. D., n member of 

Congrses and (Soremor of llsssa 

ohusstts, 074. 
Caleb {1770-1054), Dartmouth, 

1800^ his Histoiy of (Proton, cited, 

380 n., 207 n. 
Catherinoi dai^hUr of WilKaa. 

Sm FalhoM* 



4» 



moBL 



Jamet (ITat-lWT). M CWort, 

lIaM.«MBof Jmimik«M4. 
MiwT(8l60«»^),wltoolJMiMt, 

— 8Mioc«x«T,LUBnX^W8;d«itlj, 
Ml, 344; Wrtb, 544; •nett^.M; 
cdocmtioo, 344 ; cteM^ate of W. B. 
BaMeU 144; tlwiM Uw Mid be- 
came«WBMl for Bottoa Md Maine 
lUUroaa, S44; taeond oompUoUer of 
U. S. TraMonr, 044; ■ o wfn ul a d tor 
Orenecr of flmrrwrd CoUegik 544; 
rnMeni of Yowif Mto'i Omjo- 
cnUe CUiK 545; ehmetor, 545; 
Bishop Uwrtnoo pajt trilmU to 
BMnionr of • 595. ^^^ 

Stei^o, of Doelos, 1558^ 544. 

WilliM^of GmU0 GriM, Coiurty 

Care, IrelaiMl, S04. 
BMtra, Mm Chester (1821-1555), en- 

nmrer, 55. ^. 

B^Md Parieh,KewbttrrJIaie.,905a.; 

JHimnier Aeadeinj, 905 a. ; Congro- 

ntioiialChiireh lleeorde,eitod,Ma. 
Bjiee. Re?. Mather (1705-1755), U. C. 

ITtS^ 950 and aeli, S5S. 

Cabinet coMMOi •< EogiMd, 75 

and nefc» 75 a. 
Cabo^ Geoffge (1751.1595X 555. 
LotrtSt A. B., xtH; eabeecibet to 

Goald Menorial Fand, 500. 
_. ISamael, of Boetom 175L 914 a. 
— tfarah (Barrett), wife of Saaael, 

914 and aift. 
GUdweH. Jamee, Mrtallf woMided 

5 Mareh, IHO, 82. 
Califbraia, 519, 540. ^ ^ 

CaWerl, George, hooknllv ol Laniom 

557 a. 
ObaMdge. Maee^ 5, 55, 40, 5f^ W i^ 
n, 5^ 54, 50. 59 aad oilf, 117, 179, 
185, S05 and ai«c 910 a., 958 a., 906, 
510,511, 525, 525,555,540 a., 545, 
594, 559. 419; City Gum — la t of, 
54; W. B. BaMeU eleeted lo Board 
ol AMemea in, 84; to Common 
CemMil, 54; i treet e a r employee 
strike in 1885, 85; State Confonttoa 
held is, 1775, 994 ; eajois Go? . Hep- 
UM'b hoMfrf • 585 A. 

City|]alC55. 

Basl,74a. 

Fksi^rULTOab 

High osheei, ^^ 

||%yMidBtnsl9 5IOik 




History of « by L. & Fteige, eited, 

75 a., 75 a., 171 a., 540 a. 
Holmes Place, Uie, oeeapied liy 

Dr. K. Pearson, *J00 a., 910 a. 

Holjrol[e Place, 905 a. 

Holyoke Street, 905 a. 

Manual Trainlnff Sehool, 85. 

Meeaog^KMse (new) hi (1755), 

75. 

Memorial HaO, 5, 554. 

Probate Oftce, 905. 

Proprietors* Bo^ords, 551. 

PabUe Ubraij, 89. 

Rirerside l*iess, 584. 

Town Beoords, cited, 74 a., 910 a. ; 

Vital Statistice mentioned, 851 ; early 

town nrooeedinos (1690-1705), 591. 

Ualremity Pmss, 55. 555. 

.-.— i— Stt otto llarvaid College* 
Ouabridte Ewiays, C. A. Brisled*e 

Bngllsh Langaage ia America, ia, 

quoted, 245. 
Cambridge Unlrersiliy, Engiaad,919 a., 

559. 
Camden, WUUam (1651-1525X hU 

Britannia, cited, 115. 
— MieceUany, qnoled, 945. 
Canada, 51 a^ 59, 202; Commismry 

General of Lower, 900 a.; Practical 

Notes made daring a Toor in, and a 

Pbrtion of the United SUtee, by A. 

Fergnsson, qnoted, 999; diAcalty of 

obtaining senranU in, 959. 
CanningrBlisabeth (1754-1775), trial 

of, quoted, 57 a. 
CaaieHmry,Eng.,155a. AsrPkarsga- 

tire Court of. 
Tales, Chaaeer's, qaoted, 514, 

515. 
Cape Ann. Mass., 179 and wers, 175 a. ; 

John Deris attended Depiiiy-(3or. 

ernor to. 175 a. 
Cape Bretoa IsUod, Nora Scotia, 58; 

Ffsaeh settlemeoU in, 590. 
Cape Cod, Mam , 549. 
Cape of Good Hope, 575. 
Cape Horn, 575. 
Capo Rapoise (Arundel), Me., 175 a., 

in a., 189,408 a. 
GspePorpus. Sm Cape Plorpoiss. 
^ea, Elisabeth (Hall), wife of Joha 
Either of Hopestlll), 970. 
— - HopeetiU (1750-1507), 950, 954; 

Urth. 970; a Saademaaiaa, 970 ; ei^ 

fssted lor order ol the Council, 971; 

sends appsal lo Shsriff Greenleaf, 

971 1 drew ap application lo Court 

U ImvOif.mi leiaitalsdaiasafs 



4ST 



eitiien, 971; death, 971 ; Ber. B. G. 
Porter's rsmarlcs on, 907, SM; a 
great dry<goods dealer, 297 ; Samuel 
Farkmaii and Benjamin Thompeon 
apprenticed to, 297 ; a member of the 
Artillery Company, 908; buried at 
Copp*8 UiU, 288 and asfr ; Massa- 
ehusetts Spy started ia attic of his 
building, 208. 

John, father of flopestUI, 970. 

John (if. m0),eoa of Uopestill, 

908 a. 

- — Patience (Stoddard, 1755-1701), 
wife of HopeetUl, starts a peUtion la 
behalf of ber husband, 971; birth, 
205 a.; death, 208 a. 

— Thomas, merohanl^ d Boetoa, 
1807,272 a. 

Carleton, Lieut Osgood (1749-1810), 
snrreyor, son of Jeremiaa, of Haver- 
hill, Mass., 99 a. 

Cariton, OUrer (1801-1882), mastsr of 
the Salem Latin school, son of John, 
854; L. SalionstaU*s Menhir of, 
mentioned, 854. 

Cames, Edward, iuror, 1777, 981. 

Carolina, 590: Indepeadeat 
ni«s,955. 

Caroline, steaaier, 575. 

Carr, George (d. 1582X of Ipswieh, 
129. 

— Petrick, BwrtaUy woaaded9Maieh, 
1770, 82. 

Sir Bobert (e. 1509-1557), of 

Etal, NorUiumberiand, one ot the 
King's Commimionen to New Eng- 
land, 1559, 152. 

CAUTBa, FnAKKUir, LL.D., zrl; snb» 
seribos to Gould Memorial Fund, 500. 

— Jamrs (kwuDOB, LL.D., zriii; 
elected Honoranr Member, 82^ 547 ; 
accepts, 94; Istmr ol rsgrst fkom, 
557. 

John (d. 1550), ol Vligiaia, his 

wiU, quoted, 927 a. 

Bobert (1555-1759), soa o< Jbha, 

997 a. 

Gary, Anae, daughter of CoL WUsoa 
MUes. SmNidiolas. 

— - ElbuOieth, daughter ef CoL Wil- 
son Miles. See F^rfaz. 

Mary, daughter of CoL WUsoa 

Miles. SfeAmMsr. 

— Nathaniel, of Bestoa, 951; aa 
Addresssr of Hatehiasoa aad Gags, 
and a Protsstsr, 951 a. 

Sarah, daughter ef CoL WQsoa 



CoL Wiboa MUss, o< Thrgbia, 
I; refnsee WasUngloa Us daagh- 

tar's hand, 925. 
Casco (town), Me^ 186. 
Casoo Bay, Mon 19^ 175 a. 
Castle Crine, County Chrn, Irslsai, 

204. 
Castle HiU, Salem, Mass., 551. 
Castle WiUiam, fort on Castle Iskad 

(now Fort Independence), Boetoa 

Ha^, 54, 80 a., 197. 
Catholics. See Boroan <3sthoHcs. 
Caolkiiis, Francee Manwaring (1755- 

1550), 100, 103, 105 a., 107 a., 110; 

her History of New London, quoted, 

00 a.; mentiooed, 100, IIL 
Ceelys, Va., 999. 

Centennial, or FhiladeMib^ Imposi- 
tion, 91 ; a new experiment, SA. 
Century Dictionary, cited, 244 a. 
Charfboitm, Benjamin, of the Eaoeutire 

Council, mo, 15 a. 
Chadwiek, Ber. Joha White, qaoted, 

510. 
(niaiSey, Mathew, ef Boston, 1545, 129. 
Chamber of Commerce, Boetoa, 371; 

L. Saltoastall*s addiem tow oaoted. 

579. 
CuAMBBaLAiir. Hoa. JoenuA Law* 

BKjroK, LL.D., zriii; eleded Corre- 
sponding Member, 412. 
Judge Melien (1821-1000), LUD. 

his chi^iter ia Narratire aad Critisal 

History of Amsrica, cited, 55 a. 
— CoUeetion, ia Boetoa Pubtts 

Libnury, pUa of sesne ol Fifth o< 

March riot in, 55 a. 
Champemown, CapL Fnmeis (1515- 

l«8f),170a.,182,185. 
Chancy. See Chauncy. 
(handler, Fsteg Whitmaa (1515-1585), 

LL.D., 58. 
^— Sara Caulo, LL.D., zrl; oah- 

scribee to Gould Memorial Faad, 



Channel Islaads, 914. 

Channing, Ber. William EOery (H. C. 

1708), D.D., 889^ 570; iniaeaee of, 

ia tb rsligioa of MsmssiiMstts, 

551. 
ChariM L, Xiag ol Eagiaad, 170l9N 

a., 915 a. 
II., Kiagof EMfamd,917,915aad 

aoff,553,409; pstttioooliahabkaats 

ol Maine to, 189. 
Charlee Birer, Mass., 75 a. 
Charlestowa, Mass., 19 a^ 17, 117* 197, 

m, 94% 950 a., i51 a. 



428 



CmAMhUfWwit, Uam. (emthmed). 
— — Firfft Chwch, First Beoord-Book 

€l, in tbe New £D|rlaiid Uittoncal 

and Gtnealofrieal Kagiiter, qaoM, 

219. 
— — Fir« Cents SftTingi Bask, depoeite 

of this Societj whbdrmwa from, 82, 

t9S;depontsim8a,9d). 
— *- GenealogNt and Eetatet oC bj 

T. B. Wymaa, dtad, 177 n^ 2t0 a., 

291 It., 297 a. 
-»- Great Hoosa, 17. 
«— - Mdlon't Fdint, 60. 

Xeek, SO. 

— — See oAerc, Bonker If UL 
Charlton. See Charieetown. 
CInrter, Flrrt. granted br Gorfu to 

tlM citT of Gorgeaaa, ]«il. 179 a. 

— of tne Plymeatk Companj, 170. 
«— of Sir Fetdinaado Goi^ lOrW, 

109, 171; acquired bj MaetacJmwtti 
BayCokmj, 171. 

«— of Few London Society United 
lor Trade and Comneree, 90. 

-»— See Cbarten, mnder Co nn ectic n t ; 
Maamehaietts. 

Charter Oak, Hartford, Conn., SSO; 
learet from, offered to the Societj, 
bj Henry Williamt, 210 ; stood on the 
gronnd chosen lor Georige Wyllys's 
awnsion, 217; teneratsd bj[ the 
Indians, who nsed it as a gnide to 
plantinff cofn, 217; bknrn down, 
ISjO, 219; Charter concealed in, 
1087. 219 a. ; sorrow among citiseos 
of Hartford when Charter Oak feU, 
220. 

Cbasb, Cbarues AoGvaTUs, A.M., 
XTi: mhKcribis to Goakl HeaMrial 
Faad, 000. 

-»- Frederick, his History el Dart- 
month College, qnoted, 25a 

Chancer, Geoffrey (e. 1940-1400), his 
liMend of Good Women, quoted, 
210; his Caaterbuy Tales, qnoted, 
314, 910. 

Chaaner, Ber. Charlea (1602-1072), 
Ptasideat of Hartard Collefs, 202, 
207, 024, 020, 029^ 001, 101. 

— Israel (1044-1702), son of Pftsi- 
dMt Charles, hk Almaaae for 1000, 
mentioiped. 000, 040. 

Chaaaeeyi^ llemoriab of the, by W. 

C. Fowler, eitad, 202 a. 
Chebaeea (Esses), Mam., 174 n^ 170 

and asir ; 000. See Jabaaae, 
Chestant Hill« Newtoa, llass^ 211, 004. 
^ UL^OO^OL 



Chicsgo, Uniferrity of, 241 a. 
Chigaecto Bay, N. 8., 204 a. 
Chihl. Elizabeth, Mrs., 64 a. 
^— Ephraim, of Watertown, 

1040,117,110,101. 
Francis James (18S5-1800X LUV^ 

41 ; his Knglinh and ScoUiiOi Bal. 

Uds, 1858, ated, 241 a.; bis English 

and Scottish Popuhir BaUads, IbUO, 

cited, 241 a. 

Joseph, juror, 1777, 202. 

•— Town and Parish Records of 

famihr of, in library of N. E. His- 

torie Genealogical Society, cited, 04 a. 
China, 902. 

ClIOATB. COARLBt FlAKCfS, A.M., 

zri ; of committee for increasing the 
permanent funds, 307, 310; sub- 
scribes to Gould Memorial Fund, 
309. 

^— > Hon. JosEra IIoDoes, LL.D., 

' Ti, xriii; bis Memoir of l.<eTerett 
Saltonstall, communicated by S. L. 
Tbomdike, 355 ; letter of regret from, 
357 ; the Memoir, 350-385. 

._ Robert, 1741, 317. 

Rnfus (1709-1850). LL.D., 800. 

Christ Church, Boston, 63 a. ; Registara 
of, cited, 63 n., 30:) n. 

Christian Examiner, the, edited by 
J. H. Allen, 311. 

Christian History, Fragments of. by J. 
H. Allen, mention^, 313; in ita 
Three Great Periods, by J. II. Allen, 
mentioned, 314. 

Church. Dr. Benjamta, Jr. (ti. 1770), 
II. C. 1754, 71 a^ 204 ; character, 
205; convicted of treason by court 
martial, 1*05 ; report on commemora- 
tion of Fifth of March quoted, 200; 
rarioos committees on which he 
senrd, 200-208. 

(Charles) r. Oaekbone (Joseph), 

70 a. 

Church of England, 116; Royal 
authority over, 114. 

Cicera, Marevs Tullias, 288. 

Cincinnati, Society oL See Maryhind. 

City Halls. See mttder names of cities. 

Ciril List. See MascaehnsetU CIvU 
List. 

•"^~ Serrice, 873* 

Serriee Reform, 000-383; D. B. 

Eaton the originator of the mora. 
■ent in America, 380; Law, 003. 

-^ Bemkm Reform Association, 382. 

-»-War, American, earrring trade 
of AMinM dhwippatiad aurlag, 071* 



INDEX. 



429 



driliied America, by T. C. Grattaa, 

quoted, 263. 
Clapp, Darid, his Old Morton and 

Taylor Estates in Dorchester, Mass., 

cited, 292 a. 
CUpton, Northamptonshire, Enghmd, 

80 a.