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^^
^1
LIBRARY
UNIVERSITY OF CALIFORNIA.
OIKT OK
Received ^^^^?:?k£^ i88^^
Accessions No. X6 y^^ 3 Shelf No. .
08-
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CEtvJT-
'■;>.
FIFTI5: REPORT
OSP THB
Record Commissioners.
sEOo:
loiq".
BOSTON?
KOCKWELL AND CHURCHILL, CITY PRINTEES,
No. 39 Aroh 8tbbbt.
1884, •
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PREFACE TO SECOND EDMON.
In republishing their Fifth Report, the Record Commis-
sioners desire to renew the caution that this volume is to be
regarded as a collection of valuable and interesting essays,
for the correctness of which the reputation of the writer must
be the guaranty. The opinions of the author were stated
with the utmost frankness, the articles were printed in one of
the best known journals of the day, and the authorship was
acknowledged from the commencement. In reprinting them,
however, neither the city nor its agents are to be considered
as endorsing the opinions of the author, or as dissenting from
them. In one particular case, the seventy-eighth article, the
Record Commissioners have cancelled one essay, which ap-
peared in the former edition, from a scrupulous care to
respect the sensibilities of those who felt aggrieved by Mr.
Bowditch's remarks.
One article, marked 2*, of the series, which was over-
looked in the first edition, has been recovered for this issue.
Some errors of the press have been corrected, and the ap-
pearance of the volume has been improved by additional
spacing. A few more notes are given, and the number of
pages is increased from a hundred and eighty in the first
edition, to two hundred and twenty-two pages in this, though
the contents remain the same, with the exceptions above
noted.
The Record Commissioners avail of this occasion to renew
their expressed conviction of the great value of these contri-
butions to our local history, and to record the flattering
appreciation with which this volume has been received by our
citizens.
William H. Whitmore,
William S. Appleton,
Record Commissioners.
City Hall, Boston, July, 1884.
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TABLE OF CONTENTS.
Abtioub Pagb
1. Blackstone'fl House 1
2. " 6
2*. " 8
8. Boston Common 12
4. King's Chapel Borying-Qronnd .14
5. The Barricado of 1672 20
6. St. Paul's Church 23
7. The First Church 26
8. Novelties in Estates 29
9. Names of Streets . . . • 81
10. Chambers' Four-acre Pastoie . • . • • • .84
11. Allen*s Twenty-acre Farm • • . • • • • ,86
12. Zachariah Phillips' Nine-acre Pasture 88
18. Old Grants of Neck Lands 41
14. Copp's Hill 44
15. Old Bakers 46
16. Old Bopewalks 48
17. " 50
18. James Allen's Sixteen-acre Pasture 54
19. Jeremiah Allen's Pasture • • * 57
20. Buttolph's Eight-acre Pasture 60
21. Middlecott's Four-acre Pasture 68
22. Joshua Scottow's Four-acre Pasture 65
sy2S. Bulflnch's Four-acre Pasture • 68
24. Molly Saunders' Gingerbread •••«••. 70
25. Southacks' Pasture and Tanyard 78
26. Beminiscences of Somerset Street 77
27. Ancient and Modem Law 79
28. The Spring House 81
29. "VaUey Acre" 88
80. Cotton Hill 84
8L " 87
82. Peter Faneuil's House 92
88. Houses of Ozenbridge and Penn 95
84. James David's Pasture 99
>^85. Madam Haley's Daughter 102
86. Robert Turner's Great Pasture .104
87. Great men a century ago .107
88. Niceties of the Law 109
89. The Bowdoin Estate • 118
40. <* Contempt of Court" 115
V
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vi City Document No, 105.
Abtiolh Page
41. ** Contempt of Court" 119
42. Rogers's Estate 120
43. Allegorical 123
44. " A Challenge to Z "^ . '. 126
\5, Beacon and the Thurston House ....... 128
46. Hanging . . . . ." '. 130
vA7. Beacon Hill .132
w48. Thomas Hancock . . . . • . * • . • . . 186
^9. The Monument . . . . • . ' . . . . .189
60. Cook's Pasture ,. . • . . ' . * . . . . .142
61. The Commonwealth's Rope-walk .•.'.". . . . 145
^-62. The State-House Lot . . . 148
s^^B, Gov. Hancock's House . •.•.*.• • • . . . 151
vx64. Thomas Bulfineh .•..-..' 156
65. John Hancock .*....' 157
66. The Hancock Estate ...... . . . .101
67. Sewall's Elm Pasture . . • . 1C3
68. Streets on Paper . . . • • ' 165
69. Conditions — Eaves •.*.•. 167
60. ^rederickTudor— R. G. Shaw 170
61. RohertG.Shaw .«..-•• 173
62. Uriah Cotting — Samuel Appleton * . ' . . . . .176
63. Beiyamin P. Homer . .• .* . •' .' . . .179
64. John Callendep ,'.....'. . . .182
65. The Copley Estate • . . • .; . * . . . . .185
66. East's Pasture ■ . • - 187
67. Richard Pcpys*- Estate . * . . • 189
68. The Banister Lot . . • • • 191
69. The Copley Estate . .193
70. *< ' . . 195
71. *^ • . . • 198
72. *<• . • . • 201
w73. Mt. Vernon Street . • . . 204
74. Thomas L. Winthrop and John FhiUipe 207
75. Beacon Street .•.•..•. . • . . .210
76. The Lowell Family . - . . • 214
77. The Swan Family •....'.•. . . .218
78. The Beacon-$treet Fire . ..'..'. . .220
. IlLUSTBATIYK DoOUMBFTS AMD NOTB8.
1. Alonio Lewis's Notes on the Blackstone Lot .... 3
2. Odliif s Deposition 6-10
3. Anne' Pollard's" Deposition . 11
4. Title to King's Chapel .*.'.'. . . . . 16
5. To wil Dedd to King's Chapel .' .' 17
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•* Gleaner." vii
Pagb
6. Deed to Angola, a Negro, for Saving Gov. Bellingham's Life . 23
7. Padding Lane 81
8. James Barton 50
9. Rope-walks on the Public Garden 52
10. Eliot Street Laid Out 62
11. Reminiscences of an Old Bostonian 70
12. Valley Acre 83
13. Madam Haley . . . . * 89
14. Note by Lucius M. Sargent 102
15. Brattle Square Church Case Ill
16. ** " 115
17. " " 124
18. Note on the Turner Family, by L. M. Sargent • . . .137
19. Inscriptions on the Old Beacon 153
20. Sewall's Gift to the South School 164
21. The Lowell Family 217
22. Col. Swan's Book 218
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PREFACE TO THE FIEST EDITION.
Boston, Dec. 10, 1880.
In their fourth report, dated Sept. 1, 1880, the Record
Commissioners announced that the City Council had appro-
priated the sum of five thousand dollars for the publication
of historical documents relating to Boston. This was in con-
formity with a suggestion of the Committee on Printing for
1879, and it is presumed that the grant will be continued
annually. As already announced, the first of the volumes
thus ordered is the present fifth report, and it contains a
series of articles relating to the history of estates lying on or
around Beacon Hill. These articles were contributed in.
1855 to the "Boston Daily Transcript," by the late Nathaniel
IngersoU Bowditch, under the signature of " Gleaner."
Mr. Bowditch was confessedly the most learned conveyan-
cer of the day. He was born at Salem, June 17, 1805, and
was the oldest child of Dr. Nathaniel Bowditch, tKe distin-
guished mathematician. In 1823, the year following the
graduation of the subject of this sketch, his father removed
to Boston, and Nathaniel studied law under the late Hon.
William Prescott. From this time until his death, April 16,
1861, Mr. Bowditch was an honored and useful citizen of
Boston, pursuing his chosen department of practice with un-
rivalled skill, and accumulating treasures of information, of
which but a small portion is here shown. In 1851 he printed
a ''History of the Massachusetts General Hospital," and in
1857 a collection of curious facts entitled "Suffolk Surnames."
The latter volume has been twice reprinted.
In 1855 Mr. Bowditch began the interesting series of
''Gleaner" articles, which aroused a lively interest among all
conversant with the subject. Often a single article would
call forth the reminiscences or comments of other writers,
and the whole collection has been for years regarded as indis-
ix
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X CiTT Document No. 105.
pensable to any ono who would write on that portion of our
local history.
Although the series terminated abruptly in the manner ex-
plained on page 180 of this, volume, enough had been, written
by Mr. Bowditch to make its republication a matter of pub-
lic interest. When, therefore, the Eecord Commissioners re-
ceived the munificent grant of the city, they at once selected
these "Gleanings'' as among the first documents to be
issued.
It will be seen that the portion of our territory covered
by these notes is small ; but the articles are consecutive, and
the treatment is exhaustive. Beacon Hill and its surround-
ings are considered, every estate is scrutinized, and the
proverbial dryness of antiquarian and legal discussions is
relieved by anecdotes of the distinguished citizens who have
lived upon this noted territory during the past two hundred
years.
It has seemed unnecessary to attempt annotations to the
original work. Of course the twenty-five years which have
elapsed have produced many changes ; but these matters are
within the recollection of the present generation, whiph is
now to-reperuse these sketches.
The consent of the representatives of the family to this
reproduction was given a number of years ago, and has
been renewed at the present time.
The conmiissioners have to announce that their sixth
report is nearly completed, and that it will contain the
Roxbury Land Records, together with the records of the
First Church in Roxbury. It is intended that it shall
appear among the city documents for 1880.
Respectfully submitted,
William H. Whitmore,
William S. Appleton,
Record Commissioners.
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[UNITERSIT7]
"GLEANEE'^ AETIOLES.
I.
HISTORICAL.
July 2, 1855,
It is well known that when our forefathers first came to this
peninsula they found here a solitary settler, — Mr. William Black-
stone. Thus the Charlestown records say : —
Mr. Blackstone, dwelling on the other side of Charles River, alone, to a
place by the Indeans called Shawmutt, where he only had a cottage at or not
fa/r off the place called BlcLckaione's Pointy he came and acquainted the
GoTernoi of an excellent Spring there, withal inviting him and soliciting him
thither. Whereupon, after the death of Mr. Johnson and divers others, the
Governor, with Mr. Wilson, and the greatest part of the Church, removed
thither. Whither also the frame of the Governor's house was carried, when
people began to build their houses against winter, and this place was called
Boston.
Mr. Drake, in his excellent " History of Boston," quotes this ex-
tract, and remarks that " this place was not thought of for a town
until Blackstone urged it." He thinks that Blackstone's Point was
that afterwards called Barton's" Point, at the northerly end of
Leverett street, towards Charlestown, and adds : '' His Point is
more easily located than his house or his spring^** and proceeds to
suggest as not unlikely that these may have been near Poplar
street.
JVow, the exact location of Mr, Blackstone' s homestead lot is oa
definitely fixed as thai of the Mill-dam or Western avenue. He made
a deed to the inhabitants of the whole peninsula, rttaining this
homestead lot of six acres. By the town records of 1735, " the re-
lease of Mr. Blackstone, the first proprietor of the town of Boston,''
is mentioned as " now on file in the town clerk's ofl3ce." The origi-
nal, however, has never been seen by either of the historians of
Boston, — Shaw, Snow, or Drake, — and ia. doubtless lost. Black-
stone, wishing to live a more retired life and amid fewer neighbors,
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2 City Document No. 105.
subsequently sold this reserved lot ; but no deed from him is found
on record. In the course of time, therefore, its precise location
became doubtful. It was, however, accidentally discovered by an
investigation of my own. In May, 1829, I was examining the
titles of the Mt. Vernon proprietors, claimed under John Single-
ton Copley, the celebrated artist. I succeeded in tracing back his
lot in part to a deed from one Richard Peyps and Mary his wife,
of Ashon, Essex County, to Nathaniel Williams, by a deed not
found on record, but expressly referred to as dated January 80,
1655; and a deposition of Anne Pollard, in 1711 (Suffolk, Lib.
26, p. 84), proves that Blackstone sold to Richard Pepys. In
1676 is recorded a deed of Peter Bracket and Mary his wife, late
widow of said Williams (Suffolk, Lib. 9, fol. 325), conveying to
her children, Nathaniel Williams three-quarters and Mary Viall
one-quarter — all that messuage, with the bams, stables, orchards,
gardens, and also that six acres of land, be it more or less, adjoin-
ing and belonging to said messuage, called the Blackstone lot, being
fhe same which were conveyed to said Nathaniel by Richard Fepis,
of Ashon^ Essex County^ and Mary his wife, as by their act, bear-
ing date January 80, 1655, mil more fully appear.
Mary Viall's one-quarter gets into said Nathaniel, who conveys
the whole lot in 1709 (Suffolk, Lib. 24, f. 108) to Thomas Banis-
ter as ''an orchard and pasture, containing six acres more or less
on the N.W. side of the common with the flats; the upland and
flats being bounded N. W. on Charles river or a cove," etc., etc.,
" Southerly on the Common."
Blackstone's six-acre lot, therefore, was at the lower part of the
south-westerly slope of Beacon Hill, or, according to the present
monuments, it was at the bottom of Beacon street, bounded southerly
toward the Common, and westerly on the river. In other words, his
flne taste led him, at the outset, to select for his abode the precise
spot which is now the " Court-end " of the city. Jt must have been
a sheltered and sunny enclosure of almost unrivalled beauty.
Charles street was, in 1804, laid out along the water's edge, and,
in the cellar of one of the houses easterly of that street (set off to
the late B. Joy, one of the Mt. Vernon proprietors), is a copious
spring, which was doubtless Mr. Blackstone's. Shaw, in his descrip-
tion of Boston, p. 103, says: " Blackstone's spring is yet to be
seen [1800] on the westerly part of the town, near the bay which
divides Boston from Cambridge."
I felt as proud of^my delivery as a hen does that has laid an
egg ; and it was the subject of much cackling on my part. An
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"Gleaner" Articles- 3
account of it will be found in the '' Boston Courier " of that time,
" The Sexton of the Old School" -has also made it the subject of
one of his later lucubrationsr in the "Transcript." I had every
reason, indeed, to believe that the public mind was forever enlight-
ened on this momentous topic. Judge, then, of my mortification,
Mr. Editor, when I found the old erroneous surmises reproduced
in a standard work by so careful and well-informed an antiquarian
as Mr. Drake ! — my " pet " discovery wholly ignored by the very
man of all others who should have known everything about it ! —
my " credit" as clean gone as if I had beetn an original stock-
holder in the
'' Vermont Central."
July 3.
Rbv. William Blackstone. Jfr. Editor : — I was highly pleased by the
attempt of your ingenious correspondent in last evening's **Transcript," to fix
the location of Rev. Wm. Blackstone's house and spring. This is a subject
which, as is weU known to some of your many intelligent readers, has for
many years been one of more than mere curiosity with me. The conclusion,
however, to which he hits arriyed, to his own satisfaction, is not altogether so
to ours. Let us examine.
Mr. Blackstone sells land to Richard Pepys. In 1655, Pepys sells land to
Nathaniel Williams. In 1676, Mary, widow of Williams, conveys to her
children, Nathaniel and Mary, ** a certain messuage," and '< also that six
acres of land adjoining and belonging to said messuage, called the ** Black-
stone lot." In 1709, Nathaniel Williams, jr., sells to Thomas Barrister <* an
orchard and pasture, containing six acres, more or less. AU this is clear and
admissible.
But it does not so clearly appear to us to be demonstrated that either Mr.
Blackstone's house or his spring were on this land. Tour correspondent
says: **Blackstone's six-acre lot was on the south-western slope of Beacon
street." Admit it; but that ** six-acre lot" is described in the deed of 1709
as ** an orchard and pasture." When Mr. Blackstone, in 1633, gave up his
general claim to the township of Boston, fifty acres were reserved to him in
severalty. (Snow's Boston, p. 50; Drake's Boston, p. 95.) The ** six-acre
lot " was no doubt part of that fifty acres ; but what evidence have we been
presented with to prove to us that either Mr. Blackstone's " small cottage "
or the ** excellent spring " was there? Might they not have been, as Mr.
Drake and others think, at the other extremity of the fifty acres,, a tract con-
siderably larger than the whole of Boston Common? There we find *' Black-
stone's," now ** Barton's Point"; there we find a spring beneath a house in
Poplar street, in which Mr. Drake formerly lived ; there we find ** Spring
street" and Spring-street court," which have been regarded as having been
named in reference to "the excellent spring of fresh water." But there is
no "point" on the "slope of Beacon street."
I have no favorite theory to support in this matter, and only seek the truth ;
but my long habits of historical research have induced me to be cautious in
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4 Crrr Document No. 105.
drawing hasty concliuioiu from partial premises. Perhaps your intelligent
correspondent can famish us with something more definite and conclnsire.
Where are the deeds of the other f ortj-fonr acres? What if one of them
refers to the precise locality?
Alovzo Lewis.
HiSTOBiOAL. Mr. Editor: — When I obserre anything in yonr paper
marked or ** headed" ffirtorieal, I always read, or intend to read it; and
read with aridity the article so marked in to-day's (Jnly 2d) ** Transcript,"
signed Vermont Central. This note is to call the attention of that writer to
a single fact ; premising by the way, that when I was a youngster I was often
deceived by eaekling ; and that I am pleased with the tone of his article, and
glad he has taken the pains to investigate so closely respecting the home-
stead of Mr. William Blackstone ; but in his eagerness to show where Mr.
Blackstone's homestead was in 1655, it does not appear to have occurred to
him that it eould have been elsewhere in 1630. Now that this was the fact I
am fully persuaded ; for all the early indications at, and immediately after,
the first settlement of Winthrop's company on the Peninsula point to the
locality of Mr Blackstone where Mr. Drake has fixed it, so far as he has
pretended to fix it. What Mr. Shaw says about Mr. Blackstone's spring
can, by no arguments that occur to me, be transferred from West Boston to
the foot of Beacon street ; for West Boston did not, in early times, include
this locality, or certainly not generally. What was meant originally by West
Boston was chiefly included between what is now Cambridge street and the
Millpond and Barton's Point. This name was naturally enough given to that
section by the North End people. In process of time it extended to the hill
on the southerly side of Cambridge street. Therefore, that Mr. William
Blackstone lived, in 1680, in the vicinity of his spring on Poplar street, is the
deliberate opinion of
Ukbs Condita.
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*'Glean£B" Articles.
n.
HISTORICAL.
July 6y 1855.
Mb. EprroR : — Being at present confined to my house I am
unable to refer to certain abstracts of my own, which I well re-
member, especially a deposition of Odlin, etc. Mr. Drake's his-
tory, however (p. 530), supplies me with all I want, and proves,
as I think, conclusively that Blackstone's Point was the six-acre lot
which lie reserved, and that his house stood on part of it. Mr. Drake
speaks of the four depositions, in 1684, of John Odlin, Robert
Walker, Francis Hudson, and William Lytherland, and he repre-
sents them as saying that they had —
Dwelt in Boston from the first planting thereof, and continuing so at this
day (June 10, 1684) ; that in or about 1634 the said inhabitant^ of Boston
(of whom the Hon. John Winthrop, Esq., Governor of the Colony, was chief)
did agree with Mr. William filackstone for the purchase of his estate and
right in any lands' lying within the said neck called Boston ; and for said pur-
* chase agree that every householder should pay 6s., none paying less, some
considerably more, which was collected and paid to Mr. Blackstone to his
full satisfaction for his whole right, reserving only about six a^res on the
point commonly called Blackstone^ s Point on part whereof his then dwelling
house stood ; after which purchase the town laid out a place for a training
field, which ever since and now is used for that purpose and for the feeding
of cattle.
Now, to my apprehension, nothing can make the matter clearer
than the above extract from Mr. Drake's own history. If it had
been printed in the part of the volume where his surmises are
made in favor of Barton's Point, he could not, as it seems to me,
have failed to be himself convinced of his mistake. The Common
(which contains about 50 acres) was very probably the residrie of
the 50 a/ires which had previously been granted to Mr. Blackstone,
and which thus became revested in the town.
One word of reply to Mr. Alonzo Lewis. Mr. Blackstone's
cottage was doubtless a slight structure, and in 1709 had disap-
peared ; but the trees which he had planted had grown, and were
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6 Cnr Document No. 105.
an orchard^ which of itself becomes a conspicuoas monurnent^ —
sivice U w the only orchard shovon on the most ancient plana of Bos-
ton. That there were numerous other springs I admit. That there
was an excellent spring on this spot so near the original shore
that the fresh water bubbled forth and ran down the sand to sea,
I was assured by an aged witness, now deceased, who was con-
sulted as to the titles in that locality in the suits of the Overseers
of the Poor against the Mount Vernon Proprietors.
SUMMABY.
Edward Johnson, in 1630, in his " Wonder- Working Provi-
dence," writes : " One [on] the South side of the River, one a
Point of Land called Blaxton's Point, planted Mr. William Blax-
ton."
The Records show that " 1 April, 1633, it is agi'eed that Mr.
William Blackstone shall have fifty acres set out for him near his
house in Boston to enjoy forever."
Blackstone sold the town, the following year, all said allotment
except six acres, on part of ijohich his then house stood — the sale
not being restricted to the 44 acres, but including all his right in
the peninsula. He received £30, raised by a town vote assessed
Nov. 10, 1634.
The deposition of Odlin, etc., is a well-known historical docu-
ment, whi6h has often been printed in extenso. *
Blackstone probably removed from Boston in 1635. It is, at any
rate, certain from a publication in 1641 that he had removed before
that year. See Savage's Winthrop. Annie Pollard proves that he
sold his reserved six acres to Richard Pepys. This six-acre lot,
'' commonly called the Blackstone lot," is traced from Pepys to
1655, through Williams, to Banister, 1709, and through Copley to
the Mount Vernon Proprietors — and it bounds 8. on the Common^
W. on the River.
Now, as to the orchard planted by Blackstone. In a publica-
tion of 1765 it is stated that many of the trees still bore fruit.
Bonner's plan of 1722, though it has no division lines marking the
bounds of the Common, has an arrangement of trees in rows, i.e.,
an orchard^ obviously in this locality. This orchard reappears in
Price's plan of 1733. Who can doubt that it was Blackstone's,
Pepys', Williams', Copley's orchard?
As to there being no Point at the foot of Beacon hill — all Bos-
ton has been called in print ^^ Blackstone's Neck," and the nam^ of
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'"Gleaner" Abtigles. 7
Blackstone's Point may have been given to that projecting part of
Boston which was nearest to his house. It is, however, a mere
question of nomenclature^ and does not at- all affect the question of
where Blackstone actually lived. ' Besides, no one can know that
there was not some such projection of the original shore at the foot
of Beacon hill as might with propriety be called a point. The
whole space at the bottom of the Common, now used as a parade
ground, and of which the level has-been greatly raised within a few
years, was doubtless at that time a mere marsh or beach, occa-
sionally, if not always, covered by the full tides. If so the shore
must have made a decided bend or sweep towards the east, imme-
diately in front of Mr. Blackstone's homestead lot. In other
words, there must have been a point thus formed. On the whole, I
think the *' point" is '' settled" where Blackstone settled, and feel
safe in changing my signature to
Q. E. D.
HisTOBicAL. Mr, Editor: — Your correspondent, "Vermont Central,"
otherwise "Q. B. 2).," has expended much labor and many words to prove,
what no one has called in question — what I admitted in my first article —
and what I published, with much more, some twenty years ago. The ques-
tion is not where Mr. Blackstone's ** then dwelling-house stood, in 1634,**
but where did his "small cottage" stand in 1623, eleven years previous?
This question has not been answered, much less " demonstrated."
^ Alonzo Lewis.
•
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City Document No. 105.
July 9, 1866.^
Mr. Blackstonb, like ^^ Monsieur Tonson," is come again.
Mr. Editor : — Duly appreciating the courtesy of Mr. Alonzo Lewis,
who recognizes the *' much labor and many words " which I have
expended in trying to convince him, I can only express my regret
at having wholly failed in my object. He avows himself an entire
sceptic as to the " whereabouts " of Mr. Blackstone's " small
cottage " in 1623. I might, perhaps, suggest that at that time it
was '' nowhere." At any rate, as we can hardly hope for much
light as to its exact location from Indian traditions or contempo-
rary Plymouth annals, I think we may rest satisfied if we can
ascertain where it was when Boston first began to exist, — in the
year of " Urbs Condita," or A.D. 1630. Mr. Lewis admits the
fact as stated and proved by me, that Mr. Blackstone's house, in
1634, and the six-acre lot on which \ithen stood, were at the north-
west comer of the Common. It may be that " some twenty years
ago," he^ as he states, somewhere published the same *' and much
more." It is certain, however, that* Mr. Drake has not done so in
his '' History of Boston," a circumstance which induced me to
write my first article.
In charging me with having failed to make out my case, Mr.
Lewis virtually assures me of bearing a false name (Q. E. D.), and
of having resorted to "false pretences" — of argument and
demonstration. To an indictment of any sort I am aware that it
is very unfortunate to be obliged to reply under two names ; since
he who resorts to an " alias " is almost always a rogue. But my
original name (" Vermont Central ") being, through the miscon-
duct of a namesake, justly an object of much odium, I changed it.
To prove that I did so '' according to law," or, in other woMs, that
I am legally entitled to my present name, I will NIB my pen and
offer a suggestion or two.
The Charlestown records, as we have seen, speak of Mr. Black-
stone as having "a cottage" at " Shawmutt" when, in 1630, he
invited our ancestors to come across the river and settle there. So
iThis article was omitted in the first edition.— W. H. W.
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*' Gleaner" Articles. 9
that his " small cottage," whensoever built, appears to have been
then extant. In 1633 the inhabitants of Boston set off to him 50
acres of land near "his house." They do not say *'his new
house," which would of course prove the existence of a prior
structure, or " his now dwelling house," from which, possibly,
though not necessarily, the same fact might be inferred. No one
supposes that the first houses built here were of large size, with
modern conveniences. All were at first " cottages." There is no
reason, then, to doubt that the ' ' cottage " of 1 630 and the ' ' house "
of 1633 were one and the same. It can haixlly be supposed, in-
deed, that before getting a grant from the town he would have
proceeded to erect a second dwelling. But the deponents in 1684
testify that in 1634 he sold to the town all his land except six
acres, on part of which his then dwelling house stood, and that the
town afterwards proceeded to lay out the training field, or Com-
mon. Upon this little word " then *' Mr. Lewis seems to take his
stand. To his imagination it presents a preexistent dwelling house
somewhere else. I am aware that a small word often varies
extremely the meaning of a sentence. There is much virtue in an
" if " or " but " ; and " no " is a host of itself. But, by all obvious
and natural rules of construction, this "then" merely proves a
non-existent dwelling house. It is as if these deponents in 1684
had said, "Mr. Blackstone retained six acres, on which, fifty
years ago, his tJien dwelling house stood, which is now no longer
standing,**
Snow, in his history, though he, too, like Drake, mislocates the
six-acre lot as being probably at Barton's Point, does not intimate
any theory of duplicate dwelling houses. He says : " Blackstone
cultivated with success the six acres which he retained, and soon
had a garden plot and an orchard near his cottage and spring,'*
Until, then, I shall hear some good reason for believing that Mr.
Blackstone built a " small cottage" in 1623 at Barton's Point, or
elsewhere, and then another " house" in another place before any
grant from the town to him, I shall feel entirely convinced that his
" cottage" and his " house" were one and the same building —
or that, if different buildings, they were, yet, both erected on the
same homestead lot, at the bottom of the Common,
And for trial of this issue, on the evidence already presented,
I submit myself to the " Transcript" and " my country."
Q. E. D.
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10 City Document No. 105.
July 11,
William Blackstonb, his Obchard, Cottaob and Spbino. — I see a
little discussion is going on — or off — I know not which — as to some of
these things in your * * Transcript." If you will look in'your own band-hox, you
will find what seems to me quite as much to the purpose, and some things
which may interest your inquiring friends. In 1849, March 14, 21, 28, April
4, 11, 18, 25, May 2 and 9, some industrious creature published in the ** Trans-
cript " nine consecutiye numbers, all about William Blackstone, his orchard,
cottage and spring. This writer's conclusions, so far as it was possible to
form conclusions from such slender premises, seemed reasonable to me then,
and they seem so now ; and if those conclusions were errors, they were evi-
dently not arrived at without labor. Numbers 7 and 8 of the series, published
March 28 and April 4, relate entirely to the orchard, cottage and spring. As
to the whereabouts of Mr. Blackstone's cottage in 1623, your friend Q. E. D.
has hit the location exactly — it was *' nowhere" Whoever has the courage to
dive for that will do a public service, while he is down, by looking round for
the old lady's cottage, W. B.'s grandmother's, about which nothing has yet
been ^^ demansiraied" Those who preserve the ** Transcript" will find the
whole subject, in the numbers referred to, treated at some length. The con-
clusions, as to the location, are the same with those at which Q. E. D. has
arrived.
John Smith, thb Elder. ^
^ There is little to be added to the able argument of Mr. Bowditch, set forth in his
two preceding articles, and afterwards fortified in his 67th article, later on.
A few facts have since been found which may be worth repeating. The depositions
referred to are also here reprinted, as they are often cited, and are important items in
our history.
Aug. 15, 1687. Judge Sewall wrote in his Diary (i, 186) : << Went into Water alone
at Blackstone's Point."
July 22, 1709. He wrote (Diary ii, 260) : " In the evening Mr. Mayhew and I
bath ourselves in Charles Biver behind Blackstone's point."
Snow (History of Boston, p. 427) says, "Mr. Blackstone's beach is incidentally
mentioned in a latter part of the ancient records of the town than that referred to p.
51. [March 9, 1638.] His marriage also to Widow Sarah Stevenson, July 4, 1659, is
recorded iii its proper place. Gov. Endicote officiated on the occasion." As 1 have
Snow's annotated copy, I find that this " later mention " is'Feb. 27, 1643. The town
records (vol. 2 of our Record Commissioners' Reports, p. 72) has the following entry
under this date : " William Colboron and Jacob Eliot are appointed to view a parcel of
Land towards Mr. Blackstone's Beach which Bichard Peapes desires to Purchase of
theToivne whither it may be conveniently sold unto him." In the Book of Possessions
Pepyslot is not specifically recorded, but Jacob Leger, Robert Wing, and Jane Parker
all abutted on his lot, and it is easy to show where it was. The date of said Book is
now quite confidently assigned to A.D. 1645. — W. H. W.
[Suff. Deeds, Lib. 24, fol. 106.]
The Deposition of John Odlin aged about eighty two years, Robert Walker aged
about seventy eight years, Francis Hudson aged about sixty six years, and William
Lytherland aged about seventy six years, these Deponents being antient dwellers and
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"Gleaner" Articles. 11
inhabitants of the Town of Boston in New £ngl<^. from the time of the first planting
and seUing thereof and continuing so at this day do jointly testify and depose that in
or about the year of our Lord one thousand six hundred thirty and four the then
present inhabitants of said Town of Boston (of whom the hono^'*. John Winthrop
Esq'. Govemour of the Colony was Chief) did treat and agree with M'. William Black-
stone for the purchase of his estate and right in any lands lying within the said Neck
of land called Boston, and for said purchase agreed that every householder should pay
six shillings, which was accordingly collected, none paying less, some considerable
more, than six shillings, and the said sum collected was delivered and paid to M^.
Blackstone to his full content and satisfaction, in consideration whereof he sold unto
the then inhabitants of s<i. Town and their hen's & assigns for ever, his whole right
and interest in all & every of the lands lying within said Neck,, reserving only unto
himself about six acres of land on the point, commonly called Blackstone's Point, on
part whereof his then dwelling house stood, after which purchase the Town laid out a
place for a Training Field, which ever since and now is used for that purpose, and for
the feeding of catUe. Robert Walker and William Lytherland further testify that
M', Blackstone bought a stock of Cows with the money he received, as above, and
removed and dwelt near Providence where he lined till the day of his death. Boston
the 10*^ of June 1684. Then personally appeared John Odlin, Robert Walker, Francis
Hudson and William Lytherland the four Deponents above named and made oath to
this Deposition according to their respective testimony, before us. S. Bradstreet, Gov-
emour, Sam. Sewall, Assistant. Februaiythe S*^ 1708 Received and accordingly
entred and exam^ p Addington Davenport Regist*.
[SufF. Deeds, Lib. 26, fol. 84.]
The Deposition of Anne Pollard of Boston Widow aged about eighty-nine years.
This Deponent Testifyeth and saith, That this Deponents husband M'. WiUiam
Pollard occupied and improved a certain peice or parcel of land scituate near the
bottom of the Common at the Westerly part thereof in Boston aforesaid and bounded
on the sea south west for many years, and that her said husband hii*ed the same of
Richard Peepy's late of Boston aforesaid Gen*°. deceased who often told this Depo-
nent, That he the said Peepy's bought the said land of M'. Blackstone, Clerk, formerly
of Boston aforesaid) And further this Deponent saith, That the said Peepy's built a
house thereon wherein this Deponent and her said husband dwelt for near fourteen
years, during which time the said Blackstone used frequently to resort thereto, and
this Deponent never heard any controversy between him the said Blackstone and the
said Peepy's about the said laud, but that the same was always reputed to belong to
him as this Deponent understood. And she fUrthcr says. That soon after the sale
thereof as she supposeth the said Blackstone removed from this Town of Boston, and
further saith not. Anne Pollard j^ Signum. Boston, December 26^ 1711. Jurat et
Capt in Perpetuam rei memoriam die et anno predict. Cor nobis, Jer. Dummer,
Addington Davenport, Just. Pacis unus Quor. December the 26*'' 1711. Received
and accordingly entred and examined. P. Addington Davenport Regisf .
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12 City Document No. 105.
m.
ANCIENT ITEMS.
July lOy 1855.
In 1676, after King Philip's war. Dr. Increase Mather, of Boston,
*' did by his letters procure a whole ship-load of provisions from
the charity of his friends in Dublin." So that when Boston sent,
by R. B. Forbes, Esq., a ship-load of provisions to Ireland, a few
years since, it was but the payment, without interest, of a debt
contracted by our forefathers a century and three-quarters before.
The debt is mentioned by Drake, but not its somewhat tardy dis-
charge. Mr. Drake, in each page of his history, has, in the notes,
preserved copies of the miscellaneous votes passed by the town in
each year, these being generally of too trivial a character to justify
an insertion in the text. Thus, under the year 1640, the following
vote is recorded as passed March 30, viz. : " Ordered^ That no more
land be granted in the Town out of the open ground or common
field, which is left between Sentry Hill and Mr. Colbron's end, ex-
cept 8 or 4 lots to make up the street from bro. Bobt. Walker's to
the Round Marsh.'' On this vote he makes not a word of comment,
and yet it was the origin of the Boston Common. Sentry Hill was
Beacon Hill. Mr. Colbron's end or field extended from Wash-
ington street back along Pleasant street and the water, and the street
referred to is Boylston street. The Common originally reached to
Tremont House, and indeed the little flower-garden at the S.E.
corner was granted more than 190 years ago as a house-plat, out
of that end of the Common. Rather a small-sized house-lot, by
the way! The granary and workhouse were erected where tbe
Park-street Church and houses now stand, the street leading hy
them having been called Sentry street. The Common originally
extended to Mason street ; and the whole Colonnade Row block of
houses was built on land sold off from it. On the other hand, its
original dimensions were enlarged in 1780, by a purchase, from
William Foster, of about two acres on Boylston street, east of the
burying-ground, and between it and Tremont street. The Public
Garden, was, and as I conceive still is, part of the Common, though
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** Gleaner ** Articles. 13
divided from it by Charles street about 1804. Surely a vote to
which Boston is indebted for this beautiful public pleasure-ground
should have received from its historian at least one sentence of
mention in his text. *
Mr. Drake does indeed mention in his text that on March 31,
1645, " there was purchased of Thomas Scotto for the use of the
Town his dwelling-house, yard, and garden, for fifty-five pounds.
[Cheap.] It was bounded on the north by land of Henry Messen-
ger, on the east by Mr. Richard Hutchinson's, by the Common
street south, and the burying-place west." But it would not have
been amiss if he had added that this is the School-street estate, on
which now stands the City Hall. Between this School-street land
and the city land on Court street, on which formerly stood the
prison and now stands the Court House, were intervening lots of
Henry Messenger, etc., which have been subsequently acquired, so
that the two estates are now united. And it would seem that of
the original School-street land portions were subsequently sold off,
on which were erected the brick buildings owned by the late John
Lowell, Wm. Sullivan, etc., and which were again purchased at a
much later day by the city, the land so repurchased being now laid
out as ornamental enclosures in front of the City Hall. It is ob-
servable that the west boundary of the deed of 1645 is on the
burying-place. It was not until more than forty years after this
period, under the administration of Andros, that the first Episcopal
church, now known as King's Chapel, was erected on part of ^^ the
burying-place."
Gleaner.
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14 City Document No. 105.
IV.
KING'S CHAPEL BURYING-GROUND.
July 12, 1855,
Mr. Editor: — There is a well-known legal conundrum —
'' What is that which, when it has once begun to run, never leaves
off running V^ The answer is, " A statute of limitation." It,
indeed, runs to some purpose. Its ^^ might makes right." An
unauthorized intrusion upon lands — a barefaced squal — it con-
verts at last into a title^ guarded by all the sacred majesty of law.
Our citizens, as they pass by the chapel in Tremont street, see
merely an ancient edifice, of fine proportions, belonging to one of
our most wealthy and fashionable congregations, and in the bury-
ing-ground adjoining they behold the resting-place of those who,
from age to age, after having worshipped at that churchy have, at
last, been gathered together beside its hallowed walls. Nothing ,
however J ca/n be further from the tnUh of history.
Isaac Johnson was one of the most distinguished of the founders
of Boston. His wife, the Lady Ai^abella, nobly bom and delicately
nurtured, sunk at once under the fatigues and privations of her
western voyage, and died at Salem, where she landed. The place
of her burial is not known — r
'* Yet still she hath a monument
To strike the pensive eye, —
The tender memories of the land
Wherein her ashes lie."
Her husband died shortly afterwards (September 80, 1630).
The grave closed, as it were, at once over them both.
It is tradition^ derived from the late Chief Justice Sewall, that
Mr. Johnson had chosen for his lot the great square between
Washington, School, Tremont, and Court streets, and that, by his
desire, he was buried at the south-west end of that lot, *' which
gave occasion for the first burying-pla^ of this town to be laid out
round about his grave." It is, however, a matter of doubt where
he was buried, and it does not appear that this whole square, or,
indeed, any part of it, was ever actually granted to him. It is
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"Gleaner" Artiguss. 15
certain that, in the " Book of Possessions " (our Doomsday^hooh)^
it is subdivided among several possessors.
Thus, Richard Hutchinson is '' Possessor " of the S.E. comer lot
on Washington street; the burying-place is located at the S.W.
comer on Tremont street ; while, between them, comes the estate
which, in 1645, Thomas Scotto sold to the town (now the City
Hall estate) .
Here, then, were buried those sturdy champions of. Puritanism,
who, dreading and detesting the thraldom of the Church of Eng-
land, had left the comforts and luxuries of the Old World, that they
might worship God according to their own consciences; who
through life had looked with almost equal aversion upon Episco-
pacy and Popery. The feeling that prompted Endicott to cut out
the cross from the King's colors — however the policy of his act
might be questioned — really pervaded almost all minds. Fleeing
from persecution themselves, they thought that they had the right
to drive forth from among them, even by persecution^ those sectaries
who sought, under claim of like liberty of conscience, to worship
God in modes which they judged erroneous. Here lie buried John
Winthrop, " The Govemor," d. 1649 ; '* the famous, reverend and
learned Pastors," John Cotton, d. 1652, John Davenport, d. 1670,
and John Oxenbridge, d. 1674; Major Thomas Savage, d. 1681-2;
Major Thomas Brattle, d, 1683, and others, their wise and brave
contemporaries.
Mr. Cotton's burial has been quaintly described as ^^ the most
grievous and solemn funeral ever known upon the American
strand ; " and an elegy is extant " on the Sudden and much
Lamented Death and Expiration of that Worthy, Grave, Pious,
and Everyway accomplished Hero, Major Thomas Savage, Esq'r."
How would it have shocked these worthies on their death-beds
could they have foreseen that their last resting-place was eventually
to be desecrated by the intmsion of a hateful Episcopal edifice^
within which, in still later times, under Episcopal forms, what they
would have regarded as the damnable heresy of Unitarianism would
be inculcated I
In May, 1686, the first society of Episcopalians was formed.
The old charter of the Colony having been annulled, and the politi-
cal power being then in the hands of that denomination, on the
arrival of Andros, in December of that year, they succeeded in com-
pelling the Old South Society to permit them to use their building
as often as occasion required. Drake says: "How the (Episco-
pal) Society obtained the land on which their church stood has
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16 City Document No. 105.
not been discovered ; * but it is not at all improbable that it was
taken by order of Governor Andros out of the common burial-place
which was given to the town by Mr. Isaac Johnson." It is cer-
tain that it was built on part of that burying-place, — an appro-
priation of the spot which could not have been obtained from the
living except under duress, and which would have been utterly re-
pugnant to the most cherished feelings of the dead. The act, in-
* Somewhat later Mr. Bowditch obtained some light on this subject, and May 28,
1868, he published the following in the " Transcript " : —
A QUESTION OF TITLE.
Mb. Editob: — In an article printed in the Transcript, in 1855, 1 illustrated the
doctrine of squat titles and titles by possession by the case of King*s Chapel — a part
of a public buiying-ground taken from the town for an Episcopal chtlrch, in the times
of Andros. I had a list of all deeds indexed under the name of ** Boston," and found
no deed recorded. I stiU beUeve that article entirely accurate as to the ori^^nal edifice
and the land under it. Within a day or two, however, my attention has been called to
a deed indexed under the names of Thomas Hancock and others, to Henry Caner and*
others, but which is really a deed of the Selectmen of Boston to the wardens and vestry
of King's Chapel in 1748 (Suff., 76, f. 82), by which certain additional pieces of land
are bought by said grantees for the enlargement of the church, and which deed of
course recognizes the ownership by said wardens and vestry of the original lot. Think-
ing that a religious society would feel relieved to learn that any part of their church
and land had been bought and paid fort I am happy to refer them to this old deed,
which, not being indexed under the names either of " Boston " or " King's Chapel,"
would necessarily be overlooked by all who sought for it. Gleaneb.
In a tract entitled " A Vindication of New England," printed in 1688, wiitten
probably by Rev. Increase Mather, we find these words relative to the Episcopalians
of Boston : " Thus at their own charge they built an house ; but can the Towns-men
of Boston tell at whose charge the land was purchased ? " From a letter of Judge
Sewall's in Mass. Historical Society's Collections, 4th series, vol. viii., p. 517, it seems
certain that the Council under Andres's administration took the land for the church-
building. There was no legislature, then, and this act of the supreme authority of the
colony could not be questioned.
But there is also evidence that, as early as 1710, the town entirely acquiesced in the
title of the Chapel, and was willing to grant an enlargement of its bounds. There will
be found in the Eighth Report of the Record Commissioners, on p. 74, the follow-
ing:—
** At a meeting of the Free holders and other Inhabitants of the Town of Boston,
duly qualified and warned According to Law, being convened at the Town-House
the 14th of Octor 1710.
A motion or Request in wi-iteing being presented and distinctly Read at this meeting
«& is as foUoweth viz*.
" The Request of the Hon"* CoU* Francis Nicholson together with the Ministers,
" Church Wardens, and others of the Church of England in Boston Sheweth.
" That the Church being too Small to accomodate the congregation and Strangers
*< that dayly Increase. And are desireous to Enlarge the Same with the Approbation
** of the Select men and Inhabitants, but wanting Ground on the North Side and East
<< End, Request that they may have a Grant of fifteen foot wide on the North Side
** and Seventy four foot in Length. And ten foot at the East end of the Church in
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**Gleanee'' Articles. 17
deed, could not, at first, have been regarded in any other light than
as a flagrant wrong and insult. It is, however, now the source of
one of the best titles in Boston, and is at least one good fruit of
the tyranny of Sir Edmund Andros.
According to the usual practice of reserving the most important
matters for insertion in the postscript, I would mention that I,
myself, witnessed on this spot a truly sacrilegious official act,
** Length which is included in the S^ Seventy four foot Beserveing the Same Liberty
'* to all persons who have had any friends buiyed in Said Ground which they £n-
<' joyed heretofore. Which Bequest being granted Shall be ever Acknowledged &c."
Voted, a grant to the S^ Gentlemen of their abovesaid Bequest."
The deed from the town in 1748, quoted by Mr. Bowditch, is here reprinted in full,
as it can hardly be abbreviated. — W. H. "W.
This Indenture made the tenth day of March, Anno Domini one thousand seven
hundred & forty eight, and in the twenty-second year of his M^^'estys reign between
Thomas Hancock Esq'. Middlecott Cooke Gent». John Steel Esq'. WiUiam Salter and
John l^ng, Gentlemen, Samuel Grant, Upholder, and Thomas Hill, DistiUer, all of
Boston in the County of Suffolk and Province of the Massachusetts Bay in New Eng-
land and present Selectmen of said Town, on the one part, and Henry Canner, Clerk,
James Goi*dbn, Shopkeeper, John Box, Merchant, John Gibbins, Apothecary, Charles
Apthorp, Esq'. Sir Henry Frankland, Baronet, Eliakim Hutchinson Esq'. James
Smith, Mei-chant, George Cradock, Jonathan Pue and Job Lewis Esqr<". James
Forbes, Merchant, Sylvester .Gardiner, Physician, and Charles Paxton, Esq', all of
Boston aforesaid, as the said Henry Canner is Minister, the said James Gordon and
John Box the Wardens, and the said Charles Apthorp, Sir Henry Frankland, Eliakim
Hutchinson, James Smith, George Cradock Jonathan Pue, Job Lewis, James Forbes,
Sylvester Gardiner, John Gibbins and Charles Paxton arc the Vestry of King's
Chappel in Boston aforesaid, on the other part : Whereas the Freeholders and other
Inhabitants of the Town of Boston in Town meeting legally assembled on Monday the
eighteenth day of April last, did, in answer to the Petition of said Minister Wardens
and Vestry of said Chappel, by their vote then passed impower the Selectmen afore-
said to make a legal Conveyance in behalf of said town to the said Petitioners, (upon
their first complying with certain terms and conditions therein mentioned and ex-
pressed,) of a peice of land situate in said Boston, fix>nting on School street, extending
thirty feet on said street from the east end of said Kings Chappel, and includes the
Passageway into the Burying Ground and the Westerly pait of the School house
and of the laud thereto belonging, measuring thurty seven feet back from the said
street, together with the old School house and other buildings belonging to it, being
partly on the prcmises and partly on the Towns land a^joyning, to be removed when
the town shall require it, at the expence of the Petit". ; also a strip of land thirty feet
in length & four feet wide, extending from the northeast corner of the old Chappel
upon a line with the north side of said Chappel, in order to erect thereon part of the
walls of the propos'd New Church ; also another strip of said wedth aciyoyning to and
turning upon a right angle with the foriher, thence running until it meets the larger
peice herein first proposed to be granted, saving a passage way of six feet wide in the
last mentioned strip thro' the walls of the new Church, in some convenient place
between the said Northeast corner and the Chancel hereinafter mentioned, which
entrance shall be at least six feet high, leading into a peice of burying gi-ound belong-
ing to the town, which peice measures twenty five feet North and South & twenty feet
East & West; also another peice of land in foim of an half oval at^oyning Easterly
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18 City Document No; 105.
perpetrated by the direction of a superintendent of the City Burial
Grounds, now deceased. Under the very windows of the Historical
Society he caused many gravestones to be removed from their
original position, and rearranged them as edgestones by certain
paths which he there laid out. The result is, that the tear of affec-
tion and friendship may hereafter be shed, or the sigh of sentiment
breathed, in a wrong locality; and perhaps the bones of a stranger
apon the beforementioned parcels of land, & extending fifteen feet north and as much
soath from the middle of the Eastermost line thereof, and to extend ten feet farther
east in its extream distance from said middle point, being for the proposed Chancel :
provided there shall be still left a passage way of at least eleven feet in the narrowest
part between said Chancel <& M'. Cooke's line intx> the burying ground, provided also
that the bodies of those who shall be known to lye in the said strips of land or within
the said half oval peice, shall be decently taken up and buried in some other part of
the buiying ground with the consent of their friends, <& in such manner as they with
the Selectmen shall agree to and dlroct, or where no friends appear, they shall be
removed as the said Selectmen shall direct, at the charge of the Pet". ; also a priviledge
to extend their new building over the aforesaid peice of burying ground lying to the
northward of the present School house, and measuring twenty five feet by twenty as
before express'd, provided they do not cany the floor of the church or otherwise
incumber the same within eight feet of the surface of the earth as it now lies, and that
no Monuments or Grave stones either within or without the building be destroyed,
and if accidentaly broken in carrying on the work, be repaired at the charge
of the Pet"., unless they shall agree with the friends of those who may lye
buried in said peice of ground, or where no friends appear, with the Selectmen, to
remove the bodies in manner as is herein provided for the other dead bodies before-
mentioned : then and in such case that the Selectmen be impowercd likewise to con-
vey to the Pet", said peice of burying grround and the entitince into it herein before
reserved, which said terms and conditions were, that said Petitioners should procure
and cause a legal title to be made to the Town of a certain peice of land over against
the present Grammer School then in the occupation of the Widow Green and others,
measuring thirty four feet and a half or thereabouts on School street, & ninety seven
feet back more or less, bounded on the west by Col". Wendalls land, and easterly on
a passage way leading to the house where M% Gunter now dwells, together with the
priviledge of said passage way for ever ; saving to the Petitioners a liberty of remov-
ing if they saw good, the buildings then upon said land when required by the Select-
men, said Petitioners likewise to erect upon said land a new School house, & finish
the same in like decent manner with the present School house, to the satisfaction of
the Selectmen, as by said votes reference thereto being had, may more fuUy appear.
And Whereas the said Petitioners or some of *em, in pursuance of said votes have
since purchased the last described peice of land on the south side of School street, and
by Deed conveyed the same to said Town of Boston, and also erected a new Brick
School house thereon at their expence, which School house the Selectmen aforesaid
have viewed, and judging the same to be compleatly finished, according to the Vote
of the Town did by their vote pass'd the sixth of March jlnstant accept of the same
accordingly.
This Indenture therefore Witnesseth, that the said Thomas Hancock, Middlecott
Cooke, John Steel, William Salter, John Tyng, Samuel Grant and Thomas Hill,
Selectmen as aforesaid, in consideration that the aforesaid peice of land on the. south
side of School street aforesaid, has been conveyed to the Town of Boston, and a
School house thereon erected and compleatly finished at the expence of the Peti-
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*' Gleaner" Abtigles. 19
instead of an ancestor may be piously gathered and entombed anew
by a descendant^ unsuspieions of so strange and inexcusable an
outrage. In delightful contrast to this attempt to improve " The
King's Chapel Burying Ground," let me refer your readers to a
beautiful volume, in which it is described^ by Thomas Bridgman,
published in 1853, and entitled *' Memorials of the Dead in Boston."
Gleaneb.
tioners, as is aforementioned, have granted enfeoffed conveyed and confirmed, and by
these presents do pursuant to said Town vote fully and absolutely gi-ant enfeof
convey and confirm unto the said Henry Caner, James Gordon, John Box, John
Gibbins, Charles Apthorp, Su: Heniy Frankland, Eliakim Hutchinson, James Smith,
Greoi'ge Cradock, Jonathan Pue, Job Lewis, James Forbes, Sylvester Gardiner and
Charles Paxton, the severall peices or parcells of land and priviledge aforesaid that
they the said Selectmen were impowered to convey by the said Vote ; saving and always
reserving unto the said town all such rights and priviledges as they are paiticularly
expressed <& reserved to the town in and by said votes. To have and to hold the
said granted lands and priviledge (reserving as aforesaid) unto them the Hem*y
Caner, James Gordon, John Box, John Gibbins, Charles Apthorp, Sir Henry
Frankland, Eliakim Hutchinson, James Smith, Greorge Cradock, Jonathan Pue, Job
Lewis, James Forbes, Sylvester Grardiner and Charles Paxton and to the successors
of the said Minister Wardens <& Vestry for ever, to & for themselves <& the congrega-
tion that usually attend the Publick Worship of God in said place, and their only use
and benefit for ever. In Witness whereof the partj^s to these presents have hereunto
interchangeably set their hands and seals, the day and year first aforewritten.
Thomas Hancock and a seal, Middlecott Cooke and a seal, John Steel and a- seal,
W". Salter and a seal, Sam^ Grant and a seal, Tho*. Hill and a seal. Signed sealed
and delivered in presence of us, Ezekiel Goldthwait, Ezekiel Price. Suffolk ss.
Boston March 10**>. 1748. The aforenamed Thomas Hancock, Middlecott Cooke,
John Steel, William Salter, Samuel Grant, and Thomas Hill Selectmen <&<>*, person-
ally appeared and acknowledged the within instrument to be their free act and deed,
coram John Fayerweather Just". Pacis. March 10*>* 1748 Beceired and accordingly
entred and examined. P. Ezekiel Goldthwait Beg*.
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20 City Document No. 105.
V.
THE BARRICADO OF 1672.
July 13, 1855,
Mr. Drake, in his " History of Boston," p. 394, says, under date
of Sept. 5, 1672 : " The fears of an invasion from the Dutch may
have given rise to a stupendous project of fortifying the town. A
circular wall was ordered to be erected, extending from one ex-
tremity of the cove to the other, or its terminations were the Sconce,
at the point now occupied by India wharfs on the South, and Capt.
Scarlet's wharf, at the foot of Fleet street, on the North." " The
circular line to be built upon was to touch the channel at the nearest
point before the town, and between the wall and the seaward ex-
tremities of the wharves, built and to be built, one hundred feet
space for vessels was to be left.*' " This great structure fell
gradually into decay, and it has been long since any vestiges of it
were to be seen. Its exterior was probably of wood. It went by
the name of the Old Wharf as long as any of it remained."
There are various inaccuracies in the above statements. It
would hardly be proper to say that the Declaration of Independence
may have been caused by the aggressions of the mother-country.
The Sconce, or South Battery, which was one terminus of the
structure (though I have not my plans to refer to), coincides, I
believe, with Eowe's wharf* rather than India wharf which it
adjoins. The structure was not built on a circular line, but on a
straight line or lines. It was the earliest large wharf erected in
Boston. Long wharf did not exist till 1710. Central wharf and
India wharf were built within the present century. Further, it was
erected withmit any reference to *' touching the channel** And what
is meant by the phrase " Between the wall and the seaward ex-
tremities of the wharves built and to be built, one hundred feet
* Foster's wharf bounds northerly on ** Sconce " lane, 13 feet wide, laid out in 1673.
On the northerly side of this lane is Bowe's wharf, of which part was conveyed to John
Bowe in 1764, by the executors of Jacob Wendell, and the residue (measuring 100 feet
on Batterymarch street, now Broad street) was conveyed to said Bowe by the inhabi-
tants of the Town of Boston, in 1785. (Suffolk, Lib. 181, fol. 258.) This was part qf
the Old South Battery estate or Sconce. The name of Batterymarch street is derived
firom this battery, which bounded upon it. — [Note by the author.]
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*' Gleaner" Articles. 21-
space for vessels was to be left " ? The facts are, that the structure
was a sea-wall, built across the mouth of the cove, with certain
^^ gaps " or openings left for the passage of vessels. All the flats
outside of this wall, to the channel, and also two hundred feet in
width of the flats inside of it, or towards the town, were granted
in fee simple to the individual undertakers who erected the struct-
ure. And the various upland owners were restricted from wharf-
ing out beyond a drcuiar line^ which was swept along the shore
from one terminus of the structure to the other, which " circular
line " ranged west of much of the present Commercial street, etc.
The consequence was, that many conveyances of wharf-estates on
this cove, for a century and a half, instead of bounding on ^^ the
sea," or *' low-water mark," bound on ** the drcuiar line ^^ to which
thehr right of wharfing out was thus restricted. Mr. Drake^ recol-
lecti'ng ^lat there was a drcuiar line somewhere, has erroneously
transferred it to the actual structure. The whole space between the
^^ circular line " and the line of the two hundred feet of inside flats
granted to the undertakers was to remain in common for wharfage,
etc., and not merely, as Mr. Drake says, ^'a one hundred feet
space."
Mr. Drake speaks of this structure as having long since '^ wholly
ceased to eodst." Down to the time of the erection of Central
wharf, say forty years ago, a portion was standing, called the
South Island wharf, on which were salt stores belonging to the
proprietors of Long wharf. Over part of this Island wharf Cen-
tral wharf was laid out. In digging for the foundations of that
wharf branches of trees — part of the " primeval forest," with the
bark still entire, were thrown up from the bottom of the original
structure, with the stones in connection with which they had been
sunk one hundred and forty years before. Another similar
''island," lying north of the Long wharf, was removed about
twenty-five years ago for the purpose of making a channel or
water passage in common for the wharves in the vicinity. And at
this present time (1855) one of the chief wharves of the city,
though now of course rebuilt, is itself but a part of the Barricado
of 1672, viz., the T wharf. The neck of the T, connecting it with
Long wharf, is a part of that structure, and the T itself still main-
tains entire and enjoys its two hundred feet of flats inside, and all
the flats outside towards the sea, — all, or nearly all, said flats being
now covered by the present solid and substantial wharf. Here
certainly is a very respectable " vestige " of this old enterprise.
The name of this structure was "The Barricado," or ''out
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22 CiTT Document No. 105.
wharf." It only acquired the name of ' ' The old wharf or wharves "
by lapse of time, and probably after it had fallen into decay ;
after it had got into the condition of an estate near the foot of
State street, an ancient deed of which graphically describes it as
^^ a messuage now running to despair." It is as much a misnomer
as if the South Society had been stated to have had the prefix
'' Old" when it was first established.
The Barricado grant gave to each "undertaker" a fee simple
title, but it was upon the condition that he, his heirs and assigns,
should keep in repair the part which he built. Breaches of this
condition have gradually worked a forfeiture of almost all these
titles, but the gi*ant itself will always remain one of great historical
interest. It is perhaps the most anomalous exercise of power recorded
in our local annals; being utterly inconsistent with the prior vested
rights of all the upland owners in that cove^ who^ by virtue of the
Colony ordinance of 1641^ as coTistrued by the present conditions of
our Supreme Judidai Court, already owned in fee simple aU the
flats to the channel.
Gleaner.
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**Gleaneb" Articles, 23
VI.
ST, PAUL'S CHURCH.
July 14, 1855.
Mr. Editor : — We have seen that King's Chapel Church origi-
nated in something like a '^ squat." There is one circumstance
respecting St. FauFs Church equally peculiar, and perhaps not
generally known even to those who worship there.
At the beginning of all things Bobert Blott is found to be
" Possessor " of a tract of land, measuring 140 feet on the high-
way, now' Washington street, and extending in depth 276 feet
along a cross street or lane, named from him Blott' s lane, after-
wards Willis's or Banister's lane, now Winter street. Behind this
lot, occupying all the residue of Winter street to the Common, was
the possession of John Leverett, who is named as the westerly
abutter of Blott in the " Book of Possessions." The northerly part
of Leverett's possession, measuring 210 feet in front on Winter
street by about 100 feet in depth, is the source of title to the blocks
of dwelling-houses now standing thereon, four of which front on
Tremont street, the othera on Winter street.^
The southerly part of Leverett's Possession had been sold off, as
early as 1664, to one Wyard or Wyre, though the deed is not re-
corded. Thus, we find that "Hudson Leverett, alias John
Leverett," mortgaged in 1664 an half an acre of ground, bounding
on the street north, the Common west, the land now Ooodman
Wyre^s W. (evidently a mistake for S.), and Goodman Blott's
easterly.
Eobert Wyard and Sarah his wife convey to John Wampas^ an
Indian^^ by warranty deed, dated January 28, 1666, recorded Sep-
* An instuice of the holding of real estate by one of a class rarely so enriched in
colonial days is i*ecorded in Suff. Deeds, Lib. viii, fol. 298. It is here cited at length
as a suitable illustration of the times, the necessary punctuation being supplied. •
W. H. W.
DEFOsrnoKS of J4mes Penntman, John Clouoh, Junior, and Meneno,
Negbo, belativb to [Angola].
James li'ennyman, aged forty one years or thereabouts, sworne, saith that about
foure years since, being in a shed that John Clough had sett up on a peece of land
he had bought of Williaji Talmage, joyning to the highway leading to Boxbury, at
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24 City Document No. 105.
tember 28, 1668, in Suffolk Deeds, Lib. 5, fol. 690, a tract of land
210 feet deep and 32 feet broad, more or less, bounded W. on the
his worke, y*. late Richard Beliingham, Esq'. & then Governor, coming rideing by,
called to this deponent & inquired of him whether he knew who had puld downe his
fence ; y«. deponent answered him he knew not, it was so universally donne, every
one almost coming that way findeing it soe dirty would be puUing downe the fence
to mend the highway ; at which the Governor seemed trebled, but sayd, " I thought
it would have bin better, I have given Angola the Negro, a peice of my land fronting
to the highway, of fivety foot square, to him & his children for ever," upon which,
the deponent answered him, " if your worshipp, now you are agiveing, will be pleased
to give mee a peice, I would thank you and accept of itt." The Governor replyed,
*• thou never didst that for mee which hee hath done ; he was the onely instrument
that under God saved my life, comeing to mee with his boate when I was sunke in
the River betwene Boston & Winisimet, severall years since, & layd hold of mee &
got me into the boate ; he came in and saved my life, which kiudnese of him I re-
member ; and besides my giveing him fifty foot square of my land, to him & his, I
shall see hee shall not want whilst I livet" In which the deponent tould the Governor,
that being hee had soe done & it was his pleasure soe to doe, or words to that efect,
he might doe well to give him a Deed of Gift of it, for now the Law required that
lands should be held by Deed of Sale or Deed of Gift ; to which the Governor replyed,
he resolved to give him a Deed for itt, but they two should not differ. And further
the deponent saith that not long after hee was present on the place, & on the said Grov-
emor Bellinghams request did help on John Jaxson a Carpenter to lay it out; &
held one end of the pole by which the said peice of fivety foot of land square was
measured & layd out to the said Angola, by his order, as now it is fenced in ; & have
bin injoyed by the said Angola ever since ; the Governor then adding that hee gave
the said peice of land to Angola & his heirs for ever, but so as not to be sould by his
wife, in case shee should marry againe, from Angola's Children; & further saith
not.
John Clough, Junior, aged forty seaven or thereabouts, deposed, saith that hee was
present neere the place abovementioned in James Penniman's deposition, <& at that
tyme, & saw the late Crovernor Richard Bellingham Esq', on his bay horse sitting, &
so discoursing w^ the said Fenniman ; & heard the said Richard Bellingham Gov', so
declare, that he had & did give the said Angola the said peice of land of fivety foot
square, to iivjoy to him & his heirs for ever ; & in answere to the said Pennimans
proposition of a Deed, heard the Governor to answere as above, adding, that hee &
Angola shold not differ; and that hee was at worke when the Land was so laid out by
the said John Jaxson, & that by the Governor appoyntment ; beeing present, tho
he was not soe nigh as to heare all that was then said.
Meneno, Negro, aged about 60 years, deposed, saith, that some foui'e yeare since,
beeing at carrieing of the late Governs Richard Bellingham Esqr. wood into his yard,
when wee, that is myselfe & Angola, had done, the Governor giveing us a cup of sack,
said, stroakeing Angola on the head, " I have given you a peice of land of fivety foot
square ; now I am in a good mood, goe & take itt; " & somewhile after, the sd Menene
was present w*^. the said Richard Bellingham Gov'. & John Jaxson, James Penniman
& Heniy Tyte, & is declared in the said Peniman & Cloughs oath, same the said
Jaxson & Penniman to lay out the said land ; <& heard the Governo' say to Angola,
" now it is thine ; " and further saith not
Taken upon the oaths of the 3 severall persons herein mentioned this 16^^. of
12»»'. m 73 before.
Stmon Bbasstbebt I ^^igt
Edward Tynq i
Recorded & compared 16*. 12 : 73 p. Freegrace Bendall Rec.
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"GiiEANEE" Articles. 25
Common, S. on John Cross, E. on Alexander Baker (who had
succeeded Blott) , and N. on land now or late of Leverett.
And it is from this Indian, John Wampas, that St. Paol's Charch
derives its title to the northerly portion of its estate, say 32 feet on
Tremont street, by 210 feet in depth.
27ie light of Gospel truth emanating from a trvly fieathen source I
Gleaneb.
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26 CiTT Document No, 105-
vn.
THE FIRST CHURCH.
July 17, 1855.
Mr. Editor: — It is believed that the title of the First Church
in Chauncy place is, in one particular, entirely unique. Summer
street, from its leading towards a mill, and from its passage by the
Seven Star Inn (which once occupied the site of Trinity Church),
was in ancient times known successively as " y* Mylne streete,"
and Seven Star lane." It was at first called merely " the street "
or highway. The " Book of Possessions," among the estates on
the south side of this street, has the following item: *' Richard
HoUich, one house and lot, bounded with Thomas Bell, East,
Gamaliel Waite, West, William Blantaine, South, the streete,
North."
From the possession of Gamaliel Wait, on the west, is derived
the title of the store now occupied by Hovey & Co. Thomas Bell,
named as the adjoining easterly owner, was dead in 1655, and his
son Thomas sold to John Maryon [i.e., Marion] a moiety of the
estate in 1668, described as measuring 90 feet on the street, and
bounded '^ with the land of Richard HoUidge West, and is there
254 feet more or less."
Richard Holling^od of Boston, planter [being the third alias
under which this original possessor appears] and Ann his wife,
*' being preserved to a state of old age, attended with many weak-
nesses and infirmities, and for a valuable sum of money secured to
be annually paid us, and the survivor of us, " — conveyed to Henry
Alline and Robert Sanderson, '' Deacons of the First Church of
Christ in Boston aforesaid, whereof we are members," "all that
our dwelling-house and housing with the land whereupon they
stand, yards, garden, orchard, bam, and land unto us belonging,
situate on the southerly end of the town of Boston aforesaid, and
butted and bounded Northeasterly on the street or highway. South-
easterly by the land of John Marion^ Sr., Southwesterly by the
land of Phebe Blanton, widow, and Northwesterly by land of
Gamaliel Wait " (reserving during their lives the use of the old
bouse, so called, and the little garden), "to have and to hold to
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"Gleaner" Articles. 27
them, their successors in said office, or assigns, to the only proper
use and behoof of said Church or Society forever," by warranty
deed dated December 17, 1680, recorded December 20, in Suffolk
Deeds, Lib. 12, fol, 1,
The first church edifice erected in Boston was on the south side
of State street. The present Brazier's building occupies part of
the site, though the original lot projected out much farther into the
street. The whipping-post and stocks, etc., were, one or both,
erected in front of it. The mental and physical means of improv-
ing the population were thus brought into immediate juxtaposition.
After standing on this spot about nine years the church was re-
moved, in 1640, to its second location, on Cornhill square.
By an indenture in 1807 (Suffolk, Lib. 223, fol. 131) between
Ebenezer Preble (who had succeeded Marion) and the then
deacons of the First Church, Chauncy place was laid out, 40 feet
wide, almost wholly over land of the church (a triangular gore of
land, six feet wide on the street, and running to a point at the dis-
tance of 117 feet, being all that was contributed by Mr. Preble,
who bought of the Society a somewhat larger triangular gore of
land, extending from said point southerly and lying easterly of the
easterly line of said place) . The Society then sold Benjamin Joy,
Esq., in 1808, their estate in Cornhill square (on which he erected
'' Joy's Building "), he agreeing to erect for the Society four brick
dwelling-houses on the front portion of their Summer-street estate.
Behind this block of houses stands the present church, bounding
easterly on the new court thus laid out. And a school-house was
subsequently erected on a lot sold off on the south side of the
church.*
The original homestead lot of Mr. Hollich appears to have been
about 150 feet wide, and more than 250 feet in depth ; and now,
though a quarter of an acre of it is appropriated as a highway, it
* Few portaons of the city have changed more rapidly than this. Many will re-
member Chauncy Hall school, founded by Gideon F. Thayer, and will also recall
Chauncy place, separated from Bedford place fii-st by an old brick wall, and then by
a handsome u'on fence, allowing transit to foot-passengers only. The church and the
school both flourish on Back Bay. The demands of commerce, heralded by the short
occupation of the west comer of Chauncy and Summer street^t as a post-office, in 1860,
have entirely changed Chauncy place. Through Judge Jackson's beautiful garden, on
Bedford place, Avon street is now extended, and on thecorner of Bedford street stands
the Mechanics' Association Building, used as a City Ilall, 1863-0. Just west of it, on
Bedford street, stood ^e Second Church, in a lot bearing the last signs of
Wheeler's pond. The High and Latin school-house opposite has vanished, and a wide
though cuiTing street has opened up to civilization various ends of divers courts. Suf-
folk place has been extinguished, and huge stores cover its site. — W. H. W.
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28 City Document No. 105.
conveniently accommodates two public edifices and four private
ones. So that the first occupant had ample room for ^^ swinging
a cat" whenever he felt so inclined.
There is probably no land in Boston^ except that on which Cliauncy
place Church stands^ which is held under a direct conveyance from
the first possessor^ and of which no subsequent conveyance has ever
been made.
Gleaner.
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''Gleaner** Articles. 29
vni.
NOVELTIES IN ESTATES.
Jii/y 19, 1855.
Mr. Editor : — There are ** curiosities of law " as well as " curi-
osities of literature. ' ' When just entering that profession — which
I regret to confess was at a remote period of some thirty years ago
— I remember hearing the following professional anecdote: A
young lawyer had put up his "shingle," and sat waiting for his
first client. An interesting female in black walked into the
apartment, and submitted her case to his consideration. She was
a widow, and the second- story apartments of her husband's house
had been assigned to her in full of her dower or thirds in his real
estate. The building had just been burnt up. The question sub-
mitted was,. "What had become of her dower? This was
decidedly a " poser." The attorney had to dig very laboriously to
get at the /owncfo^ions of this " castle in the air." What was the
final advice given to this fair client I do not remember.
It is often the case that an arched passage-way is laid out
through an estate, so that a portion of a house is sustained above
it. Such are the estates at the entrance of Williams court, and of
Disbrow's Eiding-school, in Washington street. I do not recollect,
however, more than two instances, in the whole city, of fee simple
estates without any land whatever attached to them. One of these
is the lofts over the arch on India wharf, which belonged to the
late John Lowell, Jr., at the time of his death ; the adjoining stores
which sustain it being the property of others, one or both of them
being subject to the easement of a stairway which forms the means
of access to the lofts. The other instance is that of the apart-
ments over the arch in Franklin place.* Thus Charles Vaughan,
William Scollay, and Charles Bulfinch, in consideration of five
shillings, and for the promotion of the designs of the Massachu-
setts Historical Society, conveyed to said Society, May 1, 1794,
^ The entrance from Franklin street to Arch street was only wide enough to allow
of the passage of one team. Brick posts divided the roadway from the sidewalk on
each side. After the great fire of 1872 Arch street was widened, and the lines mate-
rially altered, at an estimated expense of #334,000 ; including its extension through
Morton place. Of course the arch disappeared. — W. H. "W.
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30 City Document No. 105.
(Suffolk Deeds, Lib. 179 , fol. 98), " the upper apartment or room
in the centre building in Franklin place, in Boston, (called the
Cres'cent, with the passage-way or staircase leading to the same."
[See, also, Lib. 446, fol. 43, Suffolk Deeds, for conveyance of
Vaughan to the Boston Library.]
In contrast to houses without any land attached to them, we
sometimes find lands upon which no buildings stand or can stand.
Thus, opposite the last-mentioned arch, is the enclosed area in
Franklin place. This originated under the following deed:
Charles Vaughan, retaining 6-50ths, conveyed to 21 grantees
44-50ths of the block of eight dwelling-houses, east of the arch —
by deed dated May 3, 1794 (Suffolk Deeds, Lib. 178, fol. 107),
and covenants that a certain street shall be kept open, '' enclosing
in its circuit a piece of ground of semi-oval form — the shortest
diameter of which, in the centre between its extreme points, shall
be 30 feet, which said semi-oval piece of land shall he kept unoccu--
pied by any buildings forever, for the accommodation, convenience,
and beauty of said lot of land, and the advantage of said houses."
Buildings without lands are rather unsubstantial, — and land
without buildings is rather unproductive. I should always give a
decided preference to investments in which both are judidoualy
united*
Gleakeb.
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"Gleaner" Articles, 31
IX.
THE NAMES OF STREETS.
July 20, 1855,
Mr. Editor : — Few matters of mere taste and fashion result in
more serious inconveniences than the frequent and capricious
changes made in the names of streets. Our original street nomen-
clature was certainly not very select, yet how interesting would it
be to the local antiquarian to feel sure at once of the identity of
some old locality from its existing name I How many spots in
London are still visited by pilgrims who delight to recall the wits
and sages who formerly frequented them I The memory of the
great lexicographer is better perpetuated by Bolt court than it
would be by Johnson square.
Our Pudding lane, so called, probably, from some primitive
eating-house,® had not ceased to be an appropriate designation even
in the days of the Exchange Coffee-house — though it had long
been superseded by Devonshire street. Frog lane, so named from
the ancient croakers on the Common, though now called Boylston
« In the notes to *' John Dunton's Letters from New Eng^land in 1686/' printed by
the Prince Society in 1867» I have fully explained this name. It seems that the famous
''Blue Anchor Tavern" fronted on Washington street and bounded south-east on
Pudding lane. (Suff. Deeds, Lib. 21, f. 369.) The exact location is fixed by the deed
of Mary Lidgett (Lib. 19, f. 71), of land bounded west forty feet on the highway to
Boxbury, south by land and house belonging to Harvard College, north by Monck's
house, etc. The store still belongs to Harvard College, and is the one occupied by
Little, Brown, & Co. The Lidgett estate, which was bought of "William Avery and
Mary his wife, widow of John Tappan, seems to include the two stores next north of
the College property, and thus the old tavern estate would be the one next north of
the angle in the street. The lot north of the tavern belonged to John Wiswall, whose
daughter, Mary Emmons, sold it in 1709 (Lib. 24, f. 241) to Elisha Cooke. It bounded .
south on the house formerly the Anchor Tavern, " now in possession of James Pitts,"
and north on house and land of said Cooke. Elisha Cooke, therefore, came next noith,
and the corner belonged to Col. Nicholas Paige. Said Paige gave it, in December,
1714, to Nathaniel Oliver (Lib. 30, f. 246), bounding north on King street (now State
street) fifty-seven feet; east on John Genish one hundi*ed and thirty-two feet;
south on Cooke and Pitts ; west on Cooke and CornhiU street (Washington street).
The old lines remained with hardly a change until our times, when State street has been
widened slightly, and Devonshire sti^eet (the old Pudding lane) has been materially
altered.
The Blue Anchor Tavern was famous in our early history, until its sale in 1703. It
accounts most satisfactorily for Pudding lane. — W. H. W.
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32 City Document No. 105.
street J will, I UDderstand, in view of the very latest improvements,
be oflScially changed to " Squirrel avenue." Goodman Robert
Blott ought still to preside over Winter. When King and
Queen streets gave place to StcUe and Court streets, what lingering
sense of loyalty to the House of Hanover caused that name to be
retained ? Think of Queen Anne^ of glorious memory ! being actu-
ally obliged to change her name, because, by harboring females of
bad repute, she at last lost her own character, and made her near- .
est ne^hbors ashamed of her acquaintance ! And, then, what an
insignificant and unmeaning misnomer of North street was substi-
tuted ! Look at the late preposterous extension of the name of
Congress street through to Broad street, in violation, as it were, of
the vested rights of Theodore Atkinson I
Hog alley ^ indeed, is the only ancient home which I am not
prepared to defend. It was a small alley formerly running from
Washington street, now discontinued and making part of the
Adams-House estate and that next adjoining. Patriotism may
palliate, though it does not justify, the merging into Washington
street of the several streets known as Dock square^ Marlboro^
street^ Neiobury street^ Orange street^ and the Neck, How much
more convenient were the former subdivisions, to say nothing of
the victories of Marlboro' and the fame of the noble House of
Orange, which these old names commemorated ! Who can now
tell, for instance, where 343 or 789 Washington street is, without
first ascertaining the nearest cross streets between which it is situ-
ated ? An old gentleman once told me that he had always lived in
the same house^ but on six different streets. It fronted easterly on
Orange street, afterwards Washington street, and bounded north-
erly on Nassau street, afterwards Common street, then Tremont
street, and finally Common street again, after Tremont street was
extended through to meet Tremont road. An individual who
devotes himself to the examination of land titles may, indeed, well
sigh at these changes.
It is refreshing to a lover of the past to find a few names still
commemorating original proprietors. The area included between
Green street and Cambridge street once converged almost to a
mere point, called the Field Gate. By different deeds, in 1667,
1672, and 1685, Simon Lynde purchased nearly the whole tract
through to Chambers street, and the same became vested by mesne
conveyances in his son, Samuel Lynde, who, in 1691, bought the
remaining lot, and by deed dated in 1718 (L. 32, f. 270) conveyed
the whole to John Staniford, as bounded easterly by the highway
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"Gleanee'' Articles. 33
t.e., Bowdoin square, which had cut off the apex of the triangles),
66 feet northerly on Green lane, 855 feet on a bevel line, as the
fence runs ; westerly on land of Charles Chambers, 546 feet, and
southerly on Cambridge street, 677 feet. Through this tract of
about six acres were laid out two highways, appropriately named
Lynde street and Staniford street.
There is one " oasis" in this desert, — one street of which the
name can never be changed without a violation of tlie plighted faith
of the city. John Hull, who, by coining the famous pine-tree shil-
ling for the public, amassed a large private fortune, invested some
of his residuary shillings in a pasture at the north part of the
town, containing 1^ acres, bought of Richard Dumer in 1665.
(Suffolk, L. 6, f. 235.) It was between Salem, Snowhill, and
Charter streets. He died in 1683, intestate, leaving a widow and
one daughter. His only child, Hannah, married Samuel SewaJl,
Esq., and Hull street was conveyed by them to the town in 1701
and 1705 (L. 20, f. 265), on the express condition that it should
always continue to bear that name. If history had recorded noth-
ing else of Judge Sewall,' I should, from this one circumstance,
have formed a high opinion of him as a judicious and discreet per-
son. He did, indeed, temporarily yield to the witchcraft delusion
of 1692 ; but, at least, on the particular subject of the names of
streets, he was decidedly in (zdvance, not only of his own age, but of
our own.
Gleaner.
^ Judge Samuel Sewall will be long remembered on account of his most interesting
and valuable Diarj, covering the period from A.D. 1685 to 1730, now owned by the
husetts His^rical Society, and printed by it in three volumes. ^ W. H. W.
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34 City Document No. 105.
x;
CHAMBERS' FOUR-ACRE PASTURE-
July 21, 1855.
Mr. Editor : — We will walk a little farther into the pastures,
or " The New Fields." Going from Bowdoin square, we left
John Stamford, in 1718, owner of all the land to Chambers street.
Next west of this estate came Chambers' pasture. This is traced
back directly to the Book of Possessions, where we find, p. 144,
*' Vallentine Hill, of Boston, graunted unto Mr. William Davies a
certain parcel of land in ye new field in Boston, being foure acres^
more or less, bounded on ye North with James Penn, John Biggs
and James Penn on the West, and Robert Turner on ye East, and
Thomas Buttolph on ye South ; and this was, b^^ an absolute deed
of sale, sealed and delivered before William Aspinwall, Not. Pub.,
ye 2 : 6 mo. 1648."
Robert Turner was the predecessor of Stamford. Buttolph's
Pasture was south of Cambridge street, which did not yet exist.
Capt. William Davies died in 1676. His son and executor, Ben-
jamin, conveyed to his mother, Sarah, who married Major Edward
Palmes ; and Palmes and wife, reciting this conveyance and mar-
riage, convey to CTiarles GhamberSy March 5, 1695-6 (Suffolk, L.
25, f. 10), " all that our pasture of four acres," etc., bounded W.
on widow Mynott and on James Allen, N. on said Allen, E. on
Manasseh Beck [a predecessor of Stamford], and S., on the high-
way leading to said MynotfsJiouse" (i.e., Cambridge street).
Chambers laid out Chambers street, and in 1727 sold to Stani-
ford a gore 14 feet on Cambridge street, 245 feet deep, lying E. of
said street (Suffolk, L. 41, f. 214). After this he had left W.
of Chambers street, a square tract of land, 320 feet wide on Cam-
bridge street by 546 feet 4 inches deep on Chambers street;
bounded both N. and W. on Allen ; or, in reference to other streets
since laid out, his pasture reached on Cambridge street to a point
70 feet W. of N. Russell street, while on Chambers street it
reached a point 40 feet N. of .Eaton street.
Chambers died in Middlesex, 1743, devising to four grandchildren
named Russell. James Russell, acquiring the whole, conveyed
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'^Gleaneb" Artiolbs. 3§
to Thomas Russell, 1778 (Suffolk, L. 164, f. 281). Thomas Rus-
sell, after sellmg off the northerly feet on Chambers street, con-
veyed all the residue to Daniel Austin, Thomas K. Jones, and
Thomas Clark, in 1794 (Suffolk, L. 178, f . 249). These grantees
laid out F, BitsaeU ^ street 40 feet wide, and Eaton street 36 feet
wide, and divided the premises into 36 lots, — being a land pecu-
lation of quite venerable antiquity. In calling the street through
this pasture Chamber street, the city has given it an absurd and
insignificant name, in mutilations of the fab proportions of that to
which it is really entitled. A robbery even of a single letter is
criminal. Official restitution should immediately be m,ade,
Gleaneb.
> I cannot explain the F, except as a typographical error. The deed does not
mention these new streets hy any name, hut Bussell street is recorded on a list in
AJ). 1800. Ftohably the author wrote i\r. (».«., ITorth) Bussell street, as that is the
present name, and as he had useditin the preceding paragraph.— W. H. W.
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86 City Document No. 105.
XI.
ALLEN'S TWENTY-ACRE FARM.
July 23, 1865.
Mr. Editor: — Resuming our walks from Bowdoin square
into the pastures, we find that Chambers' pasture, in 1648, bounded
north and in part also west on James Penn, the residue of the west
line being on John Biggs ; while in the deed of 1695 to Chambers,
Biggs has turned into ''the widow Mynott," and Penn into
" James Allen." The town granted, in 1641, to John Biggs, 1^
acres '' of marsh land on centinel hill field," extending back from
the front (i.e., Cambridge street) to a salt creek {which is now
missing) . Biggs devised to his wife Mary, who married a Mynot
[Minot], and on her death, in 1676, her lands came to her father,
John Dasset, Sen., who, in 1696, joins with his son, John Dasset,
Jr., in conveying six acres to James Allen^ derk. (L. 17, f. 237,
etc.) These six acres extended south of Cambridge street, besides
including the north of the street.
James Penn was a man of tlie highest consideration in his day,
— a ruling elder of the church. It is not strictly correct to say
that he lived " at the Albion," but his mansion house was at that
corner of Tremont and Beacon streets. He had an Id-acre past-
ure in the new fields as early as 1648. Perhaps it was held under
the grant referred to the town's order of 18, 3 mo., 1646. He
died, and, by will dated in 1671, says : " I give, etc., to Mr. Jame9
Allen all my pasture, being eighteen acres, more or less, lying be-
tween Major Leverett and Captain Davis, to enjoy after my wife's
decease forever. ' ' Now, Capt. Davis was the predecessor of Cham-
bers, and Leverett owned the large estate extending from Green
street to the water, through which Leverett street was laid out by
his heirs.
By these two sources of title, the farm now in question gets
united in Rev. James Allen. He made a deed of settlement in
1706 (L. 23, f. 8), and in 1710 devised his lands in accordance
therewith. By these instruments he vested in his son, John Allen,
'' all that his tract of land or /arm, so called, containing by esti-
mation 18 acres, lying in the new fields, which was devised to. him
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''Gleaner*' Articles, 37
by his uncle, James Penn, deceased, and two acres of his meadow
land, part of the purchase of John Dassett, lying next adjoining to
the afoi*esaid farm or lands." It is very natural that Biggs' 1^
acres should have grown a little. This 20-acre farm of John Allen
embraced all the lands west, and also all north of Chambers' four-
acre pasture, at the corner of Cambridge and Chambers streets,
being situated between Cambridge street, south, the water, west,
and the Leverett-street estates north and north-east. Allen ex-
tended Chambers street northerly through his lands, bending round
westerly towards the water, being a 30-f eet highway, known for
many years as '* Allen's highway ^ or Wiltshire street," now merged
in the name of Chambers street.* Accordingly an elegant plan of
the Leverett-street lands, 1728, is recorded (Suff., L. 40, f. 9) the
west and south-west lines of which, in all 1,406 feet 4 inches in
extent, &om Green street to the water, bound throughout on '^ Mr.
John Allen's 30-feet highway." These lines indicate the exact
bounds of the Allen farm in that direction, so that it included
Blossom street. Friend street, Vine street, North Grove street.
Bridge street, McLean street, late South AUen street, Allen street,
formerly North Allen street, Poplar street, etc., the City Jail, the
Medical College, the Hospital Grounds, etc. The whole of his
extensive tract, except only two a^res, immediately fronting on Cam-
bridge street, being the possession of Penn.
The entire lower part of Cambridge street was a marsh, the
shore at this point being deeply indented. As now filled up, the
tract will probably be thirty acres at least ; and, besides this, Mr.
Allen owned sixteen acres south of Cambridge street. The rope-
walks, formerly on Poplar street, and those formerly constituting
the boundary of the estates on Pinckney street, though so widely
separated, were both on part of his one continuous tract of land.
I think it certain, therefore, that Bev. James Allen owned a far
larger part of the territory of Boston than was ever owned by any indi-
vidual, unless, perhaps, we except one William Blackstone. And he,
though he had a grant of fifty acres, only retained and cultivated
six. And it may be safely asserted that Mr. Allen's deed of settle-
ment, in 1706, passed a title to m,ore lands than any other deed re-
carded in Suffolk County.
Gleaner.
* I do not include the part of Chamber street which runs into Leverett street,formerly
known as Gravel street, and laid oat through Leverett's land. —[Note hj the author.]
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38 CiTT DooxmENT No. 105.
xn.
ZACHARIAH PHILLIPS' NINE-ACRE PASTURE.
July 24, 1855.
Mb. Editob : — At our last walk into the pastures, we had got
stuck at the extreme end of the north side of Cambridge street,
in *' a parcel of marsh ground, lying in ye Centinel Hill field, con-
taining IJ acres," etc., granted 27, 7, 1641, to John Biggs,
*' bounded with ye salt water toward the north-west, with a salt
creeke toward the north." If we now go into the " salt water,"
and swim to the spot forming the present south comer of Cam*
bridge and Charles streets, we shall see, south-easterly of us, at
the distance of 250 to 800 feet, an elliptical line of shore, no-
where reaching within 100 feet of Cambridge street, and having a
bend outwards towards the south, after which it again bends
inwards. This north-west edge or slope of the " Centinel Hill,"
or Beacon Hill, was occupied by a pasture of nine acres, the
lines extending over the flats, northerly, towards Cambridge street,
and also westwardly towards the channel. This is ^^ Zachariah
Phillips' Mne-Acre Pasture^** a name which sounds as familiarly in
my ears as " Pemberton square."
This pasture extends from Cambridge street, southerly, along the
water side, till it meets the '' Blackstone six-acre lot " at the bot-
tom of Beacon street. Its east line begins on Cambridge street,
at a point 110 feet west of Grove street, and then runs
straight nearly at right angles, slightly converging towards Grove
street, so that on the north side of Maj' street its distance from
Grove street is reduced to 66 feet. This straight line continues
about 832 feet from Cambridge street, or to a point 266 feet south
of May street ; then there is a jog inwards of 140 feet ; then it
again runs south about 200 feet farther, and then westerly
to the sea. These last lines are on Blackstone or Copley; the
first long line is on the 16 acres of James Allen.
The earliest deed found is that of Samuel Cole to said Phillips,
Dec. 30, 1658 (Suffolk, L. 3, f. 194). It has a little twist in the
points of the compass. It conveys nine acres, more or less,
bounded north on Brown and on said Cole [^afterwards Allen] ,
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" '^Gleaneb" Aeticojss,, 89
on the eea Bouth and west, and on Nathaniel Williams east and
south. WtUiafns owned Blackstone's S-acre lot.
Phillips, in 1672, sells to John Leverett and Sarah, his wife
(Suffolk, L. 8, f. 98). John Leverett died in 1678. In 1707,
one-half of this pasture was assigned to the heirs of Hudson Lev-
erett, who, in 1725, sold to Nathaniel Hubbard (Suffolk, L. 42, f.
65), and he to Nathaniel Byfield in 1726 (L. 42, f. 71).
The other half belonged to the six daughters of Governor Lev-
erett, and, after mesne conveyances, five-sixths became vested in
Byfield in 1726 by deed (L. 42, f. 69), and he married the re-
maining daughter, which got the whole title snugly unto him, since
she ^^ Dame Sarah Leverett, being minded to show regard', value,
and confidence for and in said Nathaniel," conveyed to him her
share, etc., 1718 (L. 37, f. 605).
This pasture was divided into 59 lots, — Southack and May
streets being laid out through it parallel to Cambridge street, and
Southack street (now called West Cedar street) being also laid
out to run southerly along the shore. Two other streets^ HUL street
and Short street^ were also laid out^ wMth many a m,odem house
has now unconsciously covered over.
I will not specify their exact location lest I should disturb those
occupants whose ^^ ignorance is bliss." West Cedar street has
at a later day been continued northerly from Southack street to
Cambridge street. This old plan was never recorded. Hon. Na-
thaniel Byfield sold off 7 of these lots, numbered 7 to 14, to Nathan-
iel Kenney ; and then (apparently forgetting this deed, which
merely included a lot 300 feet wide on Southack street, and thence
extending westerly to the low water, widening as it went) , for love
to his three grandsons, Byfield Lyde, Francis Brinley, and George
Cradock, makes a deed of gift to them of the whx)le pasture in 1729
(L. 44, f. 49). They appear to have made a verbal agreement to
divide according to this plan, probably drawing lots from a hat
instead of making a formal indenture ; it being ^^ all in the family"
This process, however convenient at the time, has since caused
much trouble to others, if not to themselves. At a later period
most of the northerly water lots on this plan get united in Charles
Bulfinch, and the southerly ones in Messrs. Otis, Mason, Joy, et
oZ., or the Mt. Vernon proprietors.
The celebrated suits of the Overseers of the Poor against these
proprietors were brought to recover some of the extreme southerly
lots of this pasture. This debatable land extended from a little
west of Louisburg square to the water, ranging a little north of
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40 City Document No. 105.
Pinckney street, and reaching near Mount Vernon street. One
Tilley had mortgaged these lots to Pemberton in 1747, who fore-
closed in 1750, and devised to the Overseers in 1782. The pur-
chasers of the Copley estate, or Blackstone lot, in 1795, under a
deed which ran westerly t&voards the waJter^ found a fence standing,
fastened to an old. powder iKmae^ which was proved to have been
as far north as within twenty feet of Pinckney street. This fence
erroneously continued to the water^ and indiided nearly all the de-
manded premises as part and parcel of the Copley lot. And as to
the residue of the land sued for, the acts of the Mount Vernon
proprietors in digging down the whole hill to a great depth in 1804,
and laying out Charles street across the same, were held evidence
of a good title by disseisin against all persons from whom, after
such a lapse of time, a grant would be presumed. These suits,
between thirty and forty in number, with a great array of eminent
counsel, were among the most important private actions ever de-
cided in this county, and gave quite a celebrity to '^ Zachariah
Phillips' Pasture."
Gleaneb.
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*'Gleanee" Abtigles. 41
xni.
OLD GRANTS OF NECK LANDS.
July 25, 1855.
Mb. Editor: — In 1708 the town of Boston conveyed to Sam-
uel Phillips, David Jeffries, Thomas Savage, William Clark, Wil-
liam Payne, Benjamin Pemberton, Oliver Noyes, Habijah Savage,
Elisha Cook, Jr., Thomas Bannister, Jr., and Benjamin Fitch, a
tract of land and flats extending across the Neck from low-water
mark to low-water mark (Suffolk, L. 24, f. 106). This deed
gives no measures, but the grant extends from the pasture of John
Bennett and land of Daniel Epes, as far south towards Roxbury as
" 24 feet beyond the new jxivement,*' Not a very permanent monu-
ment! It was really a grant of about 1,000 feet in length. Its
north line is the present Castle street,' and its south line stops
a little short of Dover street. It was on the condition that the
grantees should finish a highway (now Washington street), and
«^ secure and keep off the sea," which, as it would seem, some-
times washed across the land from east to west.
Three of these grantees (Habijah Savage, Bannister, and Fitch)
released to the others, and in their stead Stephen Minot and John
Noyes were admitted. And in 1709 a great indenture of division
was made into ten lots, each of them measuring at low- water mark
on the east side 97^ feet, and at low- water mark on the west side
94 feet 3 inches — the lines being slightly converging. The meas-
ures on the east side of the street were 96 feet, and on the west
side of the street 95 feet 4 inches. The indenture is recorded in
Suffolk, Lib. 24, fol. 239. The premises thus divided, upland and
flats, were probably ^^y acres. This division is the source of all
the modem titles within the extensive area which it embraces.
It is a fact, though it will hardly be believed, that Castle street
* It may be weU to mention here that the land on the north side of CasUe street and
west side of Washington street belonged to Daniel Epes. He bought it of William
Paine, whose mother was Elizabeth Colbron, daughter of the first owner. Castle street
is thus an important boundary, as Dea. Colbron's estate was very large, and no deed of
division is on record. See Sparhawk v, Bullard, 1 Metcalf, 95-108. — W. H. W.
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44 Cmr Docithekt No, 105,
was once known as Cambridge street. Thas, in the division of
Stephen Harris' estate (Probate Records, 1774, Lib. 74, fol. 28),
a lot is set off, bounded east on Orange street, north on Cam-
bridge street.
An interval of nearly eighty years passed without any further
grant of Neck lands. But in 1785 the town conveyed to Stephen
Grore and others a tract of land and flats 1,400 feet from north to
south, extending 200 feet west of Washington street, and embrac-
ing all east of that street to low-water mark. (Suffolk, Lib. 149,
fol. 126.)
Two of the original grantees, Nathaniel Davis and Joshua
Farrington, give place to Edward Blake and Jeremiah Williams.
The ultimate proprietors were Robert Davis, John May, Edward
Blake, John Parker, Joshua Witherle, Benjamin Cobb, Jr., Stephen
Grore, Nathaniel Curtis, Ebenezer Dorr, Amasa Davis, Jeremiah
Williams, William Boardman, William Dall, and Caleb Davis.
This grant was. on the condition of erecting certain " barriers" for
a like purpose of excluding the tide waters, and was, perhaps,
nearly if not quite as extensive as the first.
An indenture of partition was made among these proprietors in
1778, dividing their land into 14 lots on both sides of Washington
street, the general direction being by straight lines from low-water
mark on the east side to the line of the town land, 200 feet west
of the street. But, to avoid a bevel, every lot has a bend in its
lines at about 70 feet from the street, which it thus meets at right
angles. This bend has given a very peculiar appearance to all the
buildings which have since been erected on this long range of lots.
The indenture is recorded in Lib. 162, fol. 100. The area included
in this division begins a few feet south of Dover street, and ex-
tends a little beyond the estate of the late John D. Williams,
whose well-known partiality for a particular color is still perpetu-
ated in his green house and green store. A parchment plan of
this division existed unrecorded for more than half a century, but
is now bound in at the end of a modern volume (Lib. 491), being
separated from the indenture to which it relates by 229 volumes.
Beyond these lots, on the city lands, where we now find splendid
dwellings and elegant public squares, there stood, year after year,
on\j the gaUows — that landmark of civilization — the traveller's
guidepost at the entrance of a great metropolis I One of its
posts formed the boundary of ''Colonel John May's lot," which
words of ownership were accordingly painted on it. A wag added
the words " andportion** Another anecdote is told of two friends.
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''Gleaner'* Articles* 48
riding into town across tlie 'Nedc, fme ot whom, looking signifi-
cantly at this structure, jocosely observed to the other, "Where
would you be now if everybody had their deserts?" The reply
was,." I should be riding into town cUone!" It is said that when
Marshal Prince was executing the sentence of the law on four
pirates, an eminent counsellor, now deceased, went from motives
of curiosity to witness the spectacle, intending to preserve a strict
incognito. The marshal, however, happened to discover him in
the background, and utterly disconcerted him by calling out to
. the crowd; with a loud voice, " Make way, there ! make way for the
Honorable Mr. O. ! ** Mr. O., though " bom great," and though
he had also himself " achieved greatness," doubtless felt that on
this occasion he had "greatness thrust upon him."
Gleaner.
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44 Cut Document No. 105,
xrv.
COPFS HILL.
July 27, 1856.
Mb. Editor: — One of the most ancient burying-groands in-
Boston is that atCopp's Hill. It is made up of several parcels of
land. The north-easterly part, measuring 294 feet on Charter
street and 154 feet on Snowhill street, was sold to the town by deed
of John Baker and Daniel Tarell, dated February 20, 1659, re-
corded November 1, 1736, Lib. 53, fol. 154. After Hull street
was laid out by Sewall and wife, they conveyed to Joshua Gee in
1708 (L. 25, fol. 174) '' one rodd square in which Mrs. Margaret
Thatcher now lyeth buried," bounded north by the burying-place,
and on all other sides by their pasture, with no right of way ex-
cept through the old burying-place. They, in 1711, ''for the
purpose of enlarging the burying-place," conveyed to the Select-
men of Boston (Suffolk, L. 26, fol. 97) a tract of land measuring
170 feet on Snowhill street and 180 feet on Hull street; in other
words, extending the old south-easterly line of the burying-place
straight through from Charter to Hull street. In this deed was an
exception of the " rodd square sold to Gee." The consequence is,
that in the midst of this burying-place of the town there is a small
square lot, which is private property, the place of interment of
a wealthy lady, who, while living, owned a large estate in this
vicinity.
The burying-ground has since been further widened on Hull
street so as to include lots measuring 148 feet 10 on that street,
originally sold by Sewall and wife to John Clark, Jr., in 1726 ;
Wm. Lee, John Jackson, and Thomas Jackson, in 1816. But mat-
ters so modern cease to be interesting !
A word or two about Mr. Gee and Mrs. Thatcher. Joshua' Gee,
boat-builder, owned a very large tract of land and fiats between
Charter street on the north. Prince street south, Snowhill street
east, and extending down the hill to the sea. He died in 1724,
and his son Ebenezer dying in 1730, the estate came wholly to
Rev. Joshua Gee, who died in 1748, and the division of his estate
in 1750 between his seven daughters and his son Joshua is one of
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"Gleaner'' Articles. 45
the most important documents in the Probate Office. The G-as
Company's works, Brown's wharf, etc., are held under it. This
son died without issue, and the name of ^VGee" thus became ex-
tinct among us. In the suit of Rust vs. The Boston Mill Corpora-
tion the locations, of Mr. Gee's lands became important — and the
growth of some of the boundaries and contents was amusingly
commented upon by the late H. G-. Otis (who on this occasion
was, I believe, counsel in court for the last time), as being a cir-
cumstance which might naturally have been anticipated, as "Gee,"
in Greek, means the earth, t.e., land.
Mrs. Margaret Thatcher was the wife of Rev. Thomas Thatcher.
Her first husband was Jacob Sheaf e^ a man of note, who died in
1658. We find that a deed was made to Thatcher and wife by
John Everedd, alias Webb,*** in consideration of £195 paid by her
as administratrix of her former husband. It is dated July 5, 1666,
recorded Suff., L. 5. f. 510. This deed included all the land be-
tween Salem, Hull, Snowhill, and Prince streets, except certain
lots on Prince street, which had been fenced in previously, Mrs.
Thatcher died, leaving a daughter, Mehitable, wife of Sampson
Sheafey and Elizabeth, wife of Jonathan Corwin. Sheafe and wife
sold to Robert Gibbs in 1697. On a division between the families
of Gibbs and Corwin, two streets were laid out, commemorating
the family name of Sheafe^ the first husband, and Margaret^ the
Christian name of the lady heraelf .
In regard to the right of way out of the "one rod square," it
would seem that as to the occupant^ at least, a right of egress is not
so important from a place of interment as from a place of residence.
And yet it appears that, after all, the venerable old lady, Mrs.
Thatcher, must have walked^^ out of this lot, since I find among
the inscriptions in the King's Chapel Burying-ground the follow-
ing: — " Here lyeth interred the body of Mrs. Margaret Thatcher,
formerly wife of Mr. J**ob Sheafe, and late ye wife of the Rever-
end Mr. Thomas Thatcher, aetatis 68, obit 23d February, 1693."
Who can tell, however? " To lie like a tombstone " is a proverb ;
and the tombstones in thai buiying-ground have been shuffled
about so much that on a question of locality of interment their
authority is especially apocryphal.
Gleaner.
^* This is one of the rare cases of an hereditary alias. The two names are often
nsedthus linked together, on our early records of the first generation. — W. H. "W.
^^ The anthor was mistaken about this supposed removal, as appears by his subse-
quent article, no. xxriii. — W. H. W.
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46 City Dooument No. 105.
XV.
OLD BAKERS,
July 30, 1855.
Mb. Editor : — One of the earliest trades of civUized man is
that of a baker. How soon it may have been divided into distinct
branches among us I cannot state. But a century ago there is re-
corded a deed from a " gingerbread baker.*' Presiding over his
comparatively luxurious department, he probably looked down with
contempt on his humbler brethren who merely provided the plain
'* staff of life." It is certain that old times were golden times for
the bakers, and, doubtless, also for their customers, for there were
no villanous adulterations in those days. At the time of the siege
of Boston, Ebenezer Torrey, a baker, removed to Sudbury or its
vicinity, and died leaving an estate of over $100,000. After the
Revolution (say seventy years ago), six of the wealthiest and most
respectable citizens of Boston were bakers.
Three resided at the North End, — Edward Edes, John White,
and '' Deacon " Tudor ; three at the South End, — Samuel Smith,
John Lucas, and Edward Tuckerman. Mr. Edes has, I believe,
left no male descendants living in Boston. The late Professor
Webster was a grandson and namesake of Mr. White. Deacon
Tudor owned a very valuable wharf estate on Ann street, near
Lewis street. This family still hold the highest social position in
our community. The chief legatee of Mr. Smith married Joseph
Head, Jr., Esq., and they removed from this city several years
since. John Lucas left at his decease a very large estate, and
made many public and private bequests. He owned a tract of land
on Washington street, adjoining Lilcos place. Mr. Tuckerman
left several sons, who were distinguished merchants. His estate,
as divided in 1819, included very valuable parcels in State street,
etc., and especially an extensive tract of land on the west side
of Washington street, embracing all Dover street. The late Col.
Joseph May remembered when these bakers were in the habit of
going on horseback to Philadelphia, with specie in their valises,
behind them, to make their purchases of flour, which were sent
home by packets. This journey generally occupied from two to
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"Gleaner" Artioles, 4t
three weeks^ and they had notes up in church asking for Divine prO'
tectum from its perils.
Shade of Molly Saunders, I invoke thee ! There have doubtless
been fairer faces and more graceful forms than thine, but thy gin"
gerbread was matchless. Thou hast infused new vigor into the
elastic step of the youthful dancer. The statesman, wearied with
the cares of office, and the politician, burdened with the affairs of
the Commonwealth, have found relief and solace from thy minis-
trations. I have shaken hands with President Monroe, and even
with President Pierce, but what were those glorious moments com-
pared with one cake of thy "buttered gingerbread — price three
cents 1 " Thy praises have been on the lips of beauty, of youth,
manhood, and age, fifty, aye, seventy years ago, as they are now
upon mine. Thy name and fame have become ^ ' historical," and have
reached from the village of Salem to the metropolis of New Eng-
land. Such is the fitting reward of true genitis and a life devoted
to the sacred cause of humanity I Milner*s rusks were excellent,
and KeU^ when he tries, can do a thing or two ; but thou hast ever
been unapproachable I Vainly do my aged heart and palate now
yearn for thee and thy delicious handiwork ! Yet wilt thou forever
remain associated with the most tender and cherished recollections
of my childhood 1 Verily thou wast a queen among the bakers of
olden time ! Gleaner.
P. S. — Don't you think, Mr. Editor, that the Salem papers will
republish this obituary notice of the late Miss Saunders t
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48 City Document No. 105,
XVI.
OLD ROPEWALKS.
July 31, 1855.
Mb. Editor : — I fear that my subject will oblige me to " spin a
long yam." The first rope-maker in Boston was John Harrison,
A.D. 1642. His exact whereabouts is not specified by Drake,
but can be very definitely fixed. His ropewalk, or " ropefield,"
ten feet ten inches wide, is now covered by Parchase street, begin-
ning at the foot of Summer street. Thus the range of lot on
High street used to extend to the water, separated, however, into
two parts by "Harrison's ropewalk" or " ropefield," or more
recently by Purchase street. [See Suffolk, Lib. 5, fol. 99 ; Lib.
12, fol. 250.] In 1 736 it became the property of the town, and was
appropriated as a highway.
Harrison owned a large tract of land of at least 340 feet in ex-
tent on High street, measuring westerly from Atkinson street, and
including all Prentice's wharf, and part of Russia wharf, the prin-
cipal part of which land was divided among his children in 1^85.
Purdmse street is thus rightly named, as it was in part, at least,
purchased. Drake's History mentions that Harrison, in 1663,
appealed to the Selectmen not to license a rival rope-maker, John
Hey man, and remarks that "at the last accounts it was in the
hands of the Selectmen."
This notice of the j^rs* rope-maker in Boston brings back to my
affectionate remembrance the last one, recently deceased. Asso-
ciated for several years with the late Isaac P. Davis, as a trustee
of one of our literary institutions, I ever found him to be a man
of cultivated intellect, courteous manners, and the most genial
kindness of heart. Habitually possessing almost unequalled
knowledge of passing events, and great vivacity in narrating and
commenting on them, he was a universal favorite in society. With
him the " rope-maker " was merged in the " gentleman." During
the two centuries since our city was founded, that occupation has
certainly never had a more popular living representative, nor one
whose death — though at quite an advanced age — has been more
generally and sincerely regretted.
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'* Gleaner" Articles. 49
The estates on the west side of Pearl street, about 130 feet
deep, are made up of seven ropewalks, or strips of land. Of these
the two inner ones are held under Atkinson^ and the others under
Hutchinstyiu Thus, the most west one, 20 feet by 744 feet, was
conveyed by Theodore Atkinson and others to Edward Gray in
1712 (L. 26, f. 127), and became the property of John and Rich-
ard Codman, 1793. The next lot, 20 feet by about 740 feet, was
sold by the same grantors in 1712 to William Tilley (L. 26, f.
126), and became vested in Mr. Davis in 1794. All the remain-
ing lots are part of the 4^ acres owned in 1668 by Eliakim Hutch-
inson. The Commonwealth, having confiscated the estates of
Governor Hutchinson, conveyed part to Jeffry Richardson in 1798
(L. 176, f. 8) ; part to Samuel Emmons, Jr., and Victor Blair,
1782 (L. 174, f. 183) ; part to Rev. Samuel Parker, D.D., 1796
(L. 184, f. 145) ; part to Edward C. Howe, 1782 (L. 135, f. 22),
and the residue to William and Archibald McNiell, 1782 (L. 184,
f. 27).
The old name of Pearl street was Hutchinson street, which was
rendered odious to our rebel ancestors by Governor Hutchinson.
These ropewalks were burnt July, 1 794, and the titles were all
conveyed to Rev. Samuel Parker in 1796, under deeds from whom
the present estates are held. Two acres, occupying all the west
side of Pearl street, seems to be a snug little investment for a
clergyman ; but, unfortunately, he officiated in this matter not as a
proprietor^ but as a mere channel of conveyance^ a " cat's-paw " for
effecting a division of the estates.
Drake mentions the burning of seven ropewalks at one time,
which he says were " in the vicinity of Atkinson street." He
might have mentioned more definitely that they occupied the whole
west side of Pearl street from Milk to High street. If they did
not bound on Atkinson street, however, they burnt it.
Gleaneb.
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50 Cnr Document No. 105.
XVII.
OLD ROPEWALKS.
August 2, 1855.
The plan recorded in 1726 (L. 40, f. 9), with the division of the
11 acres of land of the Leverett heirs, by Leverett street, shows a
ropewalk then existing there, which must have ranged across the
land afterwards known as the Poorhouse, or Almshouse, estate
at the point. It was held under a lease, and has not, therefore,
left a durable trace among the conveyances on record. And yet.
it is probable that it is from the visible fact that one Barton " was
making ropes there, that that whole point of land acquired and
kept for a century the name of Barton* s point. This name appears
on Bonner's plan in 1722 ; and the Barton Point Association pur-
chased all the city lands at the bottom of Leverett street in 1824.
A similar instance is found in the old name of East Boston, which
was Noddle's Island, though never owned by any " Noddle."
That island was owned by Samuel Maverick, whose f eastings,
failings, and fines have been so amusingly shown up by L. M.
Sargent, Esq. His name is piously commemorated by the " Jfot;-
erick Church.''
Rev. James Allen, as we have previously stated, owned a lai^e
pasture south of Cambridge street. It was bought before 1700 in
^* It seems a litde strange that Mr. Bowditch, who says so much about ropewalks,
has neglected to say more about Barton. The first record of the name here is that of
Mr, Bai'ton, of the fourth division of the Tax-list of 1674, which in 1681 becomes
James Barton. In 1687 Hugh Barton is named, and again in 1691 and 1695.
James Barton, ropemaker, had a wife Margaret, and a son John, bom here in 1686.
In that year he mortgaged (Suff. Deeds, Lib. 14, f. 8) his ropewalk at the South End,
bounded east to that of John Harrison, deceased, west by the street leading to Fort
Hill. Later on his deeds mention his house and wharf on the east side of Anne street,
near the drawbridge. He died in 1729, aged eighty-six. Long afterwards, June 27,
1755, commissioners were appointed (Suff. Wills, Lib. 50, f. 490) to divide this property
between his two daughters, Margery Simpkins and Buth Cook, and four grandsons,
J^es, John, Samuel and Michael Barton, at the request of John Cook and his wife
Buth,' Mrs. Margaret Simpkins, Mr. James Barton, Mrs. Catherine Barton, and Maiy
Bradford, called children and grandchildren of James B., of Watertown.
It seems that three of the foui* grandsons wei*e then dead, only James surviving.
Savage says that Margai*et, daughter of the first James, married Robert Calef. ~-
W. H. W.*
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** Gleaner'' Articles. 51
several lots, containing in all 18 acres. By his deed of settlement,
1706, and his will in 1711 pursuant thereto, the southerly 7 acres
became vested in his daughter Mary, wife of John Wheelwright.
Both died, — the husband in 1760. He undertakes to give to his
son Jeremiah the piece of land " which came to me by his mother."
The son, however, really took as heir to the mother.
Jeremiah Wheelwright sold off to Enoch Brown 1| acres (Suff.,
L. 182, f. 120) which subsequently became vested In the Mt.
Vernon proprietors, and included lands on Pinckney st.), etc.
He, in 1783, conveyed to Jonathan L. and Benjamin Austin a
ropewalk lot, ^4 feet by 900 feet (L. 1 70, f . 42) . Jeremiah Wheel-
wright died in 1784, and his devisees conveyed to Joseph Games
another adjoining ropewalk, 20 feet by 900 feet (L. 189, f . 64) , and
to Greorge and Peter Cade a third adjoining ropewalk in 1792.
(L. 173, f. 20.) This also was 900 feet long, and it was 24 feet
wide for 540 feet, and 12 feet wide from the residue.
These three ropewalks of Austin^ Cames, and Cocfe, were all
bought in 1805 by Messrs. Asa or Samuel Hammond, Samuel
Swett, and Ebenezer Farley, who laid out the same into house-
lots fronting north on Myrtle street, and extending back to the
rear of the Pinckney-street lots, all of which bound north on Cade's
ropewalk for the whole extent of 900 feet.
Mr. James Allen had a farm of twenty acres north of Cambridge
street and embracing Poplar street. On the south side of this
latter street a range of three ropewalks was placed, fronting on
Chambers street. Thus, in Suffolk, L. 43, f. 159, is a plan of all
the Allen-street lots, 1 729, the north line being on John Allen* s land
or ropewalk. Thus, one 25 feet wide was conveyed by Allen to his
son Jeremiah, 1752, who, in 1757, conveyed to John Erving ; sub-
sequently ''Tyler & Caswell's" Topewalk. The middle one, 25
feet wide, is traced through Wells, Winthrop, to Joseph Head,
1805. The north one is traced through Gardner, 1737, to Joseph
Bunnell, 1785. The two south ropewalks were each 25 feet wide ;
the north one, 30 feet wide.
All these ropewalks becoming the property of Samuel Brown
and William Paque, were, in 1807, laid out into a range of house-
lots, occupying the whole south side of Poplar street from Cham-
bers street to the sea.
It is remarkable how extensively the initial letter P figures in
regard to the location of these old ropewalks. Purchase street,
Pearl street, Pinckney street. Poplar street, and the Point on
which the Poorhouse was built ; and I certainly consider that the
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52 City Document No. 105.
most provoking, perplexing, and protracted professional job which
I ever had to undertake in my profession was that in which I
found that, in order to get at the title of one house-lot, I was
obliged to investigate from three to seven ropewcUka. At this day
such an examination would be preposterous, because of no practi-
cal importance.
After the Pearl-street ropewalks were burnt, the town sold off a
range of ropewalks at the bottom of the Common, which were the
last that remained standing within the limits of the city proper.
They were west of Charles street, fronting towards the Providence-
depot lot, and their rear line being towards the Mill-dam. Restric-
tions were imposed which secured to the public, light, air, and
prospect over these low buildings. In the mayoralty of President
Quincy they were all repurchased by the city, it being a favorite
project of his to improve the premises in that vicinity by buildings.
Generally succeeding in all his enterprises, this repurchase has
been one of the most svxxessful of his municipal undertakings, in
consequence of the total failure of the specific project which alone
led him to extinguish these ropewalk titles, since the city has thus
gained the exclusive control of its beautiful Public Garden. This
pleasure-ground we owe equally to his having done whM he did^ and
to his having been prevented from doing what he intended. The
first was an arduous enterprise, which only his energy could have
accomplished. The last was rendered almost an impossibility by
that very energy honestly exerted in a wrong direction."
Gleaner.
" The matter of the propriety of building on the Public Garden was long contested.
The land was originally a strip of flats, in which rose Fox Hill as an island.
August 12, 1794, in a town-meeting, the question was considered of allowing the
owners of the ropewalks destroyed by a fire on Pearl street to rebuild on the marsh.
In September the report of a committee was accepted, granting these ropemakers
the marsh and flats, including the whole or such part of Fox Hill as fell within the
bounds.
This grant, which was made in consideration of not building on Pearl street, was for
a strip of land 300 feet wide and in length, extending from a line drawn parallel with
Beacon street, and 500 feet fi*om that street. The upper or eastern line was to run from
the westerly end of Bidge HiU (being 500 feet from Beacon sti'eet), " directly towards
Eliot street as far as the town's land extends on the west side of Pleasant street," leav-
ing a '* space of fifty feet between this line and the end of the sail fence projecting down
from the buiying-ground on the south side of the Common." The grantees might vary
the lines by relinquishing fifty feet on the east line and taking fifty feet instead on tho
west side ; or they might extend across the marsh diagonally, provided they did not
come nearer than fifty feet to the end of the bmying-ground fence, nor cross the line
parallel with, and 600 feet from. Beacon street.
The town reserved '* sixty feet in width aci-oss the southerly end of said piece of
land for a road firom Pleasant street down to the channel."
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** Gleaner*' Articles. 53
The selectmen ** were also aathorized to lay out a road sixty feet wide from Pleasant
street along the easterly side of these lands over the marsh towards Befacon street," in
order to meet a road that might be opened firom West Boston bridge.
Thos Charles street was established, and Boylston-street continuation was projected.
The ropewalk lots were six in number, each fifty feet wide, and when brought back,
in 1824, the first three lots measured 1,006 feet on Charles street, 1,138 feet on the west
side. Lots 4, 5, and 6, measured 1,138 feet eaeh.
In 1806 the ropewalks were burned and rebuilt. In 1824 the city bought back all
these rights. On the 26th July and 27th December of that year the town voted on the
following questions : —
1. On authorizing the City Council to seU the upland and flats west of Charles street.
R^ected, 1,027 to 846.
2. In case the sale was authorized, whether the Common should be forever kept
open. Agreed to, 1,111 for, and 737 against.
3. Whether a settlement should be made with the Boston and Roxbury MiU Co.
Rejected, 1,404 to 420. •
4. Whether the uplands and flats should be sold south of aline from a point on Charles
street, opposite the south-west comer of the Common (1,350 feet from Beacon street),
running at an angle of 85° with Charles street, to the bounds of the city flats ; provided^
that the Common, and all the upland and flats lying west therefrom, should be kept for-
ever free from buildings. This was rejected, 1,404 to 420.
6. Whether the City Council should be authorized to lay out any part of the lands
mod flats, lying west from the Common, for a cemetery. Rejected, 1,632 to 176.
In 1843 the question of selling the land was revived, and a pamphlet was printed
giving the opinions of Jeremiah Mason and Fi'anklia Dexter, to the effect that the
ropewalk lots were part of the Common, and as such could not be sold. Mr. Bowditch
signed a similar opinion about the land north of the Providence depot. See, also, a
pamphlet entitled '<The Public Rights in Boston Common. Being the Report of a
Committee of Citizens. Boston, 1877." — W. H. W.
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54 Cnr Doouhent No. 105.
xvm.
JAMES ALLEN'S SIXTEEN^CRE PASTURE.
Augtist 2, 1866.
Mb. Editor: — After our late smm we landed on Zachamb
Phillips' pasture, at the end of the south side of Cambridge street,
and have seen that the earliest deed in 1658 bounds on Brown and
on Samuel Cole, afterwards land of James Allen. Accordingly
we find that James Brown, joyner, conveyed to Josiah Cobham in
1666 (Suff., L. 5, f. 84) two acres, more or less, bounded south on
Brattle, east on John Bi^s, west on Phillips, north on the beach
or river. [The water then extended up some distance east of the
present end of Cambridge street.]
Josiah, the son of this grantee, was dead in 1691 ; and Josiah,
3d, his grandson, in 1697, sells to James Allen (Suff., L. 18, f. 21)
" two acres of land on west side of Boston, late in the tenure of my
grandfather, Josiah Cobham, bounded south on land now or late
of Thomas Brattle, Sen'r, east on John Biggs, now said Allen's,
west on late Zachariah Phillips, and by the beach and river north-
erly." [Cambridge street did not yet exist.]
In tracing the title of the Allen farm on the north side of Cam-
bridge street, we found a grant to John Biggs, in 1641, of 1^ acres
of marsh /or 40 shillings (rather a low price for all the land from
the water to within 70 feet of North Bussdl street) , which held out
two acres. He also acquired 4 acres of upland adjoyning, and his
inventory, in 1666, mentions ^' 4 acres of upland and 1^ acres of
marsh, £120." I do not find the grant to him of these four acres,
though in 1644 he had liberty to fence in his marsh, and '^ if any
quantity fell within the said fence above his proportion, he is to-
allow the town for it." Perhaps, therefore, he fenced in these 4
acres at the same price. He devised to his widow, Mary, who
married a Minot, and died, as we have seen, devising to her
father and brother, John Dasset, Sen. and Jr., who sell to said
Allen, 1696 (Suff., L. 17, f. 237), a piece of land containing 6
acres, more or less, bounded with said James, north (i.e., his
land on the north side of Cambridge street, acquired under James
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''Gleaner" Aexicles. 65
Pean) , south and east on Nathaniel Oliver, west on Josiah Cob-
ham. Of this purchctae 4 acren only come aovJth of Cambridge
street.
Samuel Cole^ after the sale in 1658 of Zachariah Phillips' past-
ure, retained a tract which he seems to have sold to Thomas
Brattle ; but the deed is not recorded. In the inventory of Cole's
estate (Prob. Eec, L. 5, f. 37) is this item : " A bill due from Mr.
Brattle, £20." This I guess was the purchase-money of this land.
Brattle died in 1683, leaving seven children, and in 1684 (SufT.,
L. 13, f. 96) there was set off to his three sons-in-law, Nathaniel
Oliver, John Ayre,^* and Joseph Parson, in right of their wives,
^'all that pasture-land lying in Boston near unto Centry hill." A
subdivision took place in 1685, by indenture (Suff., L. 13, f . 380 ; L.
16, f. 64), by which this pasture is assigned to Mrs. Oliver. Na-
thaniel Oliver and Elizabeth, his wife, conveyed to James Allen, by
warranty deed dated Jiine 6, 1698 (Suff., L. 18, f. 180), ''eiglU
a^yres, etc., bounded north on the highway and on land late of John
Dassett ; east on Davy and on Mrs. Swett, late Thomas Butolph ;
south on the late Francis East and N. Williams ; west on land late
of Leverett, and on land late of said Dassett." [East and Wil-
liams owned the Copley lot on Beacon street; Leverett owned
Phillips' pasture.]
ZacJieus Bosworth}* had lands in the Book of Possessions. As
early as 1648 he owned 5 acres in the vicinity (see mortgage,
Suff., L. 1, f. 92), and he died seized, devising the same to his son
Samuel, in 1655. He sold off to Richard Cook the easterly 2j-
acres, 1665 (Suff., L. 4, f . 320) ; and by deed not recorded, but ex-
pressly referred to, he conveyed the westerly 2^ acres to Humphrey
Davie^^ (not the distinguished philosopher). Davie mortgaged, in
1683 (Suff., L. 13, f. 72), to secure a marriage settlement on his wife,
** This name is more properly speUed Eyre, and should not be confounded with
that of Ayer or of Ayres, boUi of which are found on our records. — W. HafW.
^ Our Humphrey Davie was, however, of some local importance. He was the
fourth son of Sir John Davie of Greedy, Co. Devon, who was made a baronet in 1641.
Humphrey came here, settled in Billerica, was an Assistant 1679-1686, and died in
1689. His second wife was Sarah, widow of James Richards, of Hartford. By his first
wife he had a son John, who married his step-sister, Elizabeth Richards, and lived at
Groton, Conn., until 1706, when, by the death of successive cousins, he became the fifth
baronet, and returned to England to ei\joy the family title and estates.
Zaccheus Bosworth, who is named in this article, also owned, by the Book of Pos-
sessions, a lot of land on Tremont street, whereon afterwards Jacob Wendell built a
house. Quite recently, owing to a law in regard to the names of streets, the Street
Comnussioners have given the name of Bosworth street to Montgomery place. This
court, for its end is blocked by a flight of stone steps leading to Province street, wac
Uud out in 1825, and must be on part of the Bosworth land. — W. H. W.
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56 CiTT Document No. 105.
this ^tract called 4 acres, more or less (bat which subsequently
shrinks again to its true proportions) , and the mortgage being fore-
closed, his widow conveyed to John Davie ; and John Davie and
Elizabeth, his wife, conveyed to James Allen, by warranty deed,
May 11, 1699 (Suff., L. 19, f.358), ''about two andan half acres
of pasture, enclosed, bounded west on the late Samuel Coole (Cole),
now said Allen's ; east on Richard Cook, since Elisha Cook ; north
on land in the tenure and occupation of Joseph Belknap, Jr., and
on land of said James, heretofore Thomas Butolph; south on
Thomas Miller, now Samuel Sewall, with an highway as heretofore
used."
Now, these purchases of 2, 4, 8, and 2^ acres, make up together
siQcteen and a haif acres ^ and constitute AJlen^s one continiu)tL8 past-
ureyon the sotUh aide of Cambridge streetynext east of ZacJiariah
PhiUipt^ pasture.
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"Glbanbe" Aeticles. 57
XIX.
JEREMIAH ALLEN'S PASTURE.
August St 1866.
Mb. Editor : — We have shown that Rev. James Allen acquired,
by four porchases, 16^ acres on the south side of Cambridge street.
By his deed of settlement in 1706^ and his devise in accordance
with it (1711), he vested in his daughter, Mrs. Wheelwright (as
we have stated), the southerly seven acres; the whole of which
(except the part thereof covered by three ropewalks on Myrtle
street) gets united in the Mount Vernon proprietors ; the easterly
portion by the deed of the children of Enoch Brown, in 1797,
(Suffolk, L. 186, f. 232), and the residue or westerly portion by
direct deed of the devisees of Jeremiah Wheelwright, son and heir
of Mrs. Wheelwright, in 1795 (L. 180, f. 191). The easterly line
of the Brown purchase is 77 feet west of Belknap street.
The northerly tract, containing about ten (teres, by the same deed
of settlement and devise (1706-1711), was vested by James
Allen in his son, Jeremiah Allen. He, about 1725, laid out the
same into 87 lots, containing, generally, 4,000 feet each. Through
the centre of the pasture he opened Centre street, and, at intervals
of 200 feet on each side, other streets, called respectively Grove street
and Qwrden street, — names doubtless then significant of the rural
beauty of the spot. He also laid out at intervals of 240 feet, two
cross streets, parallel to Cambridge street, viz., SoiUhack street and
May street. These two last streets are continued west into Zacha-
riah Phillips' pasture, which was divided into lots at the same
time; the two plans being evidently made to conform to each
other. Neither of them was recorded. A large proportion of
the lots of Mr. Allen remained unoccupied and unimprove d by his
grantees for very many years.
This pasture begins on Cambridge street, 110 feet west of Grove
street, and extends to land late of Buttolph (now Buttolph street).
It measures in front 550 feet on Cambridge street, and is in depth
648 feet, to the ancient ropewalk, the side lines slightly converg-
ing. At a later day Myrtle street has been extended across the
extreme south lots of this pasture ; so that it is now enclosed by
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58 City Document No. 105.
four very definite boundaries, viz., Cambridge street, Buttolph
street. Myrtle street, and the east line of Zachariah Fhillips'
pasture.
This territory has been the theatre of very queer conveyancing.
One Thomas G. Urann, in 1804, made warranty deeds at pleasure,
for very ti*ifling considerations, of certain portions of it which he
found lying unenclosed and unclaimed. Some of his grantees hold
to this day. He was at last deterred by threats of indictment from
the fuither pursuit of this sj'stematic project of land theft. In
one single volume of Suffolk Deeds (Lib. 211) will be found no
less than forty-eight conveyances /rom him. A deed to him would
be a rarity. I was some years since amused at one of his heirs-at-
law calling upon me, under the idea that he was entitled to some
lands in this locality which his ancestors had left unconveyed. . I
told him that the only inheritance left by Mr. Urann was a minus
quantity, viz., the obligation to make restitution to the true owners
of lands which he had himself wrongfully appropriated.
About a century after the death of Rev. James Allen (1802),
and although 7he did not die oumer of this pasture^ having disposed
of it by deed in his lifetime, a decree of the Probate Court was
obtained, as if he hid been owner at his deaths and as if his estate
had been still in a course of settlement. By this decree an assign-
ment was made of ^' his estate in Cambridge and Buttolph streets,
valued at two hundred dollars," to one of his descendants, James
Allen, he paying to the other heirs their proportion, and by him
a conveyance of the fictitious title thus commenced was forthwith
made for $500. This legal finesse effected for many lots of this
pasture what had been accomplished as to other lots in a more
mardy^ may I not say a more honorable^ mode, by Mr. Urann.
The late Mr. Otis possessed a lot, 70 b}^ 100 feet, at the corner
of May and Centre streets. He obtained a deed from the true
owner of the comer lot, 40 by 100 feet, which bounded east on a
lot belonging to the late Henderson Inches. Now, Mr. Inches,
who bought in 1766, had accidentally mislocated his land 30 feet
too far to the east, and his heirs, finding that they had all the deed
gave to their ancestor, told Mr. Otis that if they ever lost the 30
feet which had been accidentally enclosed, they should take this 30
feet adjoining his lot, but otherwise not. Mr. Otis accordingly kept
it as his own, and sold four house-lots, each 25 by 70 feet, so that
all the yards and out-buildings were upon this disputed territory.
After many years the Inches' heirs were sued, and lost their 30
feet. They then sued Mr. Otis' grantees, who were placed in a
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**6leaneb" Abtiolbs. 59
very embarrassing situation, being certain of losing all the needftil
appendages to their tenements. The suits were decided in favor
of the demandants, and Mr. Otis, paying the sum awarded by ref-
erees mutually chosen, the titles of his grantees were confirmed
A.D. 1833.
The Tooral and legal character of this district was for a long
time equally bad. The HUl was the five points of Boston. It was,
however, purged by the official broom of President Quincy, and its
tiUes and its reputation have become much improved by time.
Gleansb.
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60 CiTT Document No. 105.
XX.
BUTTOLPH'S EIGHT-ACRE PASTURE.
AuguH 8, 1855.
Mr. Editor : — Leaving Mr. Jeremiah Allen's pasture, with its
ancient " gardens " and " groves " sadly desecrated by civilization,
we proceed easterly, and reach Thomas Buttolph's 8^ -acre pasture.
In the Book of Possessions, p. 57, ^^ William Hudson, Sen., a lot
in ye new field, containing about /3^i;e acres^ bounded with Richard
Cooke on the east, Mr. Thomas Clarke west, sould to Mr. But-
tolph, p. 42." And, accordingly, in p. 42, we find " Wm. Hudson,
Sen., granted to Thomas Buttolph fyve aci^es of land in the new
field, bounded with Richard Cooke east, James Johnson west, Wm.
Wilson south, — Davis apothecary, north, and this was by a deed
dated 26,4, 1646, acknowledged same day before Mr. Winthrop,
Governor." James Johnson's possession is described as *' about
an acre^ bounded with John Biggs (our old friend) north, Francis
Lloyle*' west, Zach. Bos worth south, Thomas Clarke east." .John-
son seems to have acquired also Lloyle's and Clarke's lots. Thus
we find that James Johnson conveyed to Thomas Buttolph by deed
dated 14th, 6th, 1649, recorded 29th, 1 mo., 1654(Suff.,L. 2,f. 11),
3^ acres in Centry field, bounded on land of said Thomas east, on
William Davis north, on Theodore Atkinson west, and Zacheus
Bosworth south. These two purdiases vested in BiUtolph the 8i
acres, Davies owned the Chambers pasture on north side of Cam-
bridge street.
Buttolph died in 1667, devising to two sons, John and Thomas.
The latter died intestate, 1668, leaving a widow, Mary (who mar-
ried Swett), and four children, Thomas, Nicholas, Mary, and
Abigail. In 1682 John conveyed to these children his moiety
(Sufi:., L. 12, f. 274).
Thomas died. Abigail married Joseph Belknap, Jr. Mary
UThe Book of Possessions has been printed for the city in the second volume of
these Reports. James Johnson's possessions.are on p. 20 of the original. The name
which Mr. Bowditch reads as Francis Llojle is by me deciphered as Francis Lojall.
In the i*ecord of his possessions he stands as Francis Lyle ; and Savaqb I'ecoi'ds him
as Lyall, Lysle, Lisle, LioU, or Loyal. — W. H. W.
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''Gleaner" Articles. 61
married one Thaxter, and, after his death, Robert Guttridge. In
1701 these heirs divided the whole pasture (Suflf.,L. 23., f. 119), each
having a lot of 2f acres ; the westerly part being assigned to'
Nicholas, the middle to Mrs. Belknap, and the easterly part to
Mrs. Thaxter, or Guttridge. This pasture extended from Buttolph
street to Hancock street, being about 430 feet in average width,
and in depth back it measured about 625 feet to Myrtle street. In
1734, by indenture between the Belknap heirs and Mrs. Guttridge,
Belknap street was laid out (Suff. , L. 49, f . 98) . On the west side of
Mrs. Belknap's lot was a rope walk, 24 feet wide, which Nathaniel
Belknap sold to Thomas Jenner in 1 733 (L. 48, f . 1 79) ; sold in 1771
to Edward Carnes. It is a straggling ropewalk, which should have
shown itself in my article on * ' Old Ropewalks. * ' South Russell street
was laic^out in 1737 (L. 54, f. 203) , through the middle of Nicholas's
lot, by his heirs, Mary, wife of John Phillips, and Abigail, wife of
Knight Leverett, or rather by their husbands. It was probably so
named because it led in a southerly direction from Chambers' or
RusselVs pasture, or opposite to North Russell street.
Buttolph street was laid out along or across the extreme westerly
line of this estate, and its easterly boundary includes the houses on
the west side of Hancock street. The westerly portion of this
pasture, like that of Jeremiah Allen, became gradually occupied by
our. " colored brethren." Thus a lot, no less than 88J feet wide by
117 feet deep, on the westerly side of Belknap street, bought by
Ebenezer Storer in 1737, was conveyed by his executors to
'* Scipio." He is not styled in the deed " Africanus," but was no
doubt lawfully entitled to that additional appellation. The deeds
of this area show how exclusively the great names of antiquity are
borne by this class of our fellow-citizens. Cato, Csesar, Pompey,
Scipio, here figure on an humbler stage than of old, in company
with "Cuff Buffum," etc. And among the "Dinahs" and
" Phillises " occur other female names, which, though derived from
bright colors^ really indicate, at first blush, the dark skin of the
parties, viz., Olive, Violet, Rose, etc. Our city fathers, not being
of opinion that " a rose by any other name will smell as sweet,"
have recently merged Belknap street into the less offensive name
of Joy street. Buttolph street has not been disturbed, except that,
with the usual official brevity, it has, like ElZiot street, been cur-
tailed of one letter,'^ and now figures as Butolph street. Hancock
^^ Mr. Bowditch is, perhaps, over-critical in respect to Eliot street. That street was
laid oat in 1740 through lands belonging to the descendants of Jacob Eliot, who was
one of the brothei<s of Bev. John Eliot, the " apostle to the Indians." This family, in
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62 City Document No. 105.
street (so named from King John^ having before been named
George street, for King George) has always been occupied by whUe
inhabitants, being the genteel end of Buttolph's pasture.
Gleakes.
all its branches, has always used the form '* Eliot " ; bat the Essex county Elliots or
Elliotts, to which belonged the Boston ministers and our Mayor, Eliot, have yaricd the
spelling at times.
I annex an abstract of the indenture laying out Eliot street, and also that part of out
Ti'emont street which ci*osses it. See, also. City Document No. 119, of 1879. <* Nomen-
clature of sti-ects." — W. H. W.
" Lib. 69, fol. 63-6. — 4 June 1740. Indenture between Bei\Jamin Eliot ) -tetiftnewi •
John Eliot ) ^**"""®™ »
Bev. Jacob Eliot of Lebanon, Windham co. Conn.; w. of Jona. Willis of
Boston, housewright, they four being the heirs of Jacob Eliot, mariner, dec^ on the
one part
Also John, Edwai*d, Samuel <& Jacob (Holyokes all), .
Maiy Arnold, Hannah Burrill, widows, & Sarah w. of John Eliot, stationer : — they
seven being the heu's of Mary Holyoke widow dec* — who was also an heir of Jacob
Eliot & whereas the other sister & heir of Jacob E. was Abigail Davis who sold
her right to bro. Bei^iamin, now they desire to make a division
First they lay out 2 streets at nearly right angles, one to run WNW from Orange
street — to be called Eliot st ; the other to run SSW from Frog Lane to HoUis st, to be
called Holyoke st : to be described as follows.
Eliot St. to begin 21 inches from the S.E. comer of s* Jacob Eliot's house on
Orange st. occupied first by Paul Collins, then by John Clark & now by Bei\j.
Eliot, to i*un in a straight line WNW 906 feet till it reaches land lately bo't by ^ John
Eliot of Abigail Davis, widow — The sti*eet to be 30 ft wide. And as this 30 fb at the
first point will run 7| feet on the land of Joseph Henderson, late of Samuel Band, the
8* H. has sold a strip to the town for a street.
Holyoke street begins at the N.E. comer of land of W^ Laihbert in Frog Lane &
runs first through land of John Clough, next through the lands to be divided & then
through land of Gov. Belcher till it falls into Hollis st.*'
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Google
'Gleaner" Articles. 63
XXI.
MIDDLECOTT'S FOUR-ACRE PASTURE.
Augtist 9, 1855.
Mb. Editor : — Our earliest deed of Scottow's pasture bounded
on Jeremiah Houehin. His executors sell in 1677 (Suff., L. 16, f.
297) *' all that theire piece or parcel of land, situate lying and being
in Boston, containing by estimation four acres, be the same more or
less, being butted and bounded on the north by the highway, east
by Mr. Simon Lynd, south by the land of John Turner, west by
the land of Benjamin Gibbs." [Scottow had sold to Gibbs.]
The grantees in this deed were Richard Middlecott and William
Taylor. The latter died 1682, and his son and heir, of the same
name, conveyed to said Middlecott, 1697 (Suff., L. 17, f. 351).
Middlecott died 1704, and a division was made 1 727 (L. 42,
f. 175), by which a 40-feet street was laid out through the pasture,
called Middlecott street, which name it retained many years. This
pasture measured 310 feet, 8 on Cambridge street, and extended
back on the west side 689 feet, on the east side 741 feet, and in
the rear it measured 210 feet. The lots on the west side of Middle-
cott street measured 130 feet on Cambridge street, and those on
the east side 139 J feet on Cambridge street ; and at the rear end of
the pasture the lots narrowed to 85 feet on each side of this new
street. The street so laid out was 40 feet wide.
Here then was one of the finest estates in the city, and this
spacious avenue was appropriately named for one of its earliest
owners. Houehin street would not have been quite the* thing, but
Middlecott street was unexceptionable, — a name agreeable both to
the eye and the ear. It happened, however, that one Bowdoin^
some 70 years ago, was placed by his fellow-citizens in that
gubernatorial ducking-stool^ in which the commander-in-chief is
annually soaked while reviewing the "' Ancient and Honorable
Artillery." It also happened that he owned an estate on Beacon
street. His devise (bearing the same name), in 1800, opened
through this land a street in continuation of Mr. Middlecott' s, and
presto ! the whole street became Bovodoin street. Now, it cannot, of
coarse, be suspected that the living Mr. Bowdoin named this street
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64 City Document No. 105.
for himself. The act would savor of ostentation. The selectmen,
doubtless, thought that having accommodated Governor Hancock
with a street, they ought in justice to do as much for his rival. In
itself the change was as absurd as if a boy, having a fine kite
with an excellent bob to it, should, because it had a ribbon or how
added to it, be obliged to call the whole article by the name of
this tail-piece.
The partiality thus evinced for governors has not yet died out,
though now, indeed, it rarely extends to such as are either oflacially
or personally defunct. But how appropriate would it be to confer the
name of the governor for the time being, on the street in which he
happened to live ! The visible splendor and dignity of our highest
office would thus be greatly increased ; periodical changes in the
names of streets would thus be brought about with even greater
frequency, and in a less fitful and capricious^ manner than at
present. Mt. Vernon street would become Gardner street, etc. If
such a rule should prevail, perhaps, in a few years, Winthrop square
would succeed as the third designation of Pemberton square, which
has only had two names in twenty years. If it should be thought
that in the event Winthrop place might lead to some confusion,
that name, conferred in honor of a dead governor, could be ex-
changed. It is the order of nature, indeed, that the dead should
give place to the living. Besides, it is rather an equivocal com-
pliment to name half of a court for anybody. Otis place and
Winthrop place could both be named for Sir William P^pperell,
through whose estate Otis place is laid out. They could together
be called Pepperell square. Two birds would thus be killed by one
stone ; and then in a few 3'ears the authorities could ignore the
origin of the name, drop off the " ell," as they did in ElZiot street,
and the residents would hail, in the directory, from Pepper square.
The names of streets, however, are comparatively unimportant,
, since we seem in a fair way to lose the reality^ — several streets^ as
I learn by the papers, being aJb once used up by the Metropolitan
Railroad.
Gleaxeb.
P.S. — Is it true that the mayor had a present of a snapping*
turtle, weighing forty pounds, to put into the Frog Pond? If so,
I wish he would snap at our city functionaries for some of their
proceedings. G.
" This word is as given in certain corrections printed by Mr. Bowditch at the time.
W. H. W.
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*^ Gleaner" Abticles. 65
XXII.
JOSHUA SCOTTOW'S FOUR-ACRE PASTURE.
August 10, 1865.
Mb. Editob : — At the last advices I hailed from the west side
of Hancock street at the easterly end of Buttolph's pasture ; con-
tinuing easterly a four-acre pasture of Joshua Scottow is next
reached, which extends from Hancock street easterly 280 feet on
Cambridge street, or to a point 52^ feet east of Temple street,
and is in depth back, towards summit of Beacon Hill, 660 feet, or
just below the line of Deme street. This estate was probably
sold by Thomas Scottow to his brother Joshua, 27, 4, 1648. A
mortgage by Joshua, discharged in 1665, mentions such a deed.
Joshua Scottow conveyed to his son-in-law, Benjamin Gibbs, Jan.
10, 1670 (Suffolk, L. 7, f. 168). Colonel Benjamin Gibbs and
Lydia, his wife, mortgaged the same to our old friend^ Rev. James
Allen, for £150, 1671, (Suffolk, L. 7, f. 192), who assigned it to
Richard Wharton, by whom the mortgage was foreclosed, 1680
(L. 12, f. 329). Richard Wharton died 1691, and his administra-
tor conveyed to Stephen Minot the south-west moiety, or two acres
Nov. 24, 1697 (L. 18, f. 18), and to Isaiah Tay the north-easterly
moiety or two acres, Nov. 23, 1697 (L. 18, f. 17). The whole
pasture is thus described: '^ A pasture on the north-west side of
Beacon Hill, containing about four acres^ bounded north-east on
the late Jeremiah Houchin, now Richard Middlecott's, south-east
on the late John Turner and Richard Cook, south-west on late
BvUeLs (i.e., Buttolph's pasture), and north-west on the lane lead-
ing to the pastures" ( i.e., Cambridge street).
And here another '* ropewalk " turns up, and one, too, of quite
respectable size, viz.., 44 feet 6 inches on Cambridge street, by 665
feet deep. It was sold off by Minot in 1 73 1 to Samuel WaJdo ( Suff . ,
L. 46, f . 170) from the easterly side of his allotment. Waldo's heirs
sold off to Joseph Bidgwayin 1768 (Suff., L. 112, f. 105.) Now, the
volumes 112 and 114 have been missing from the Registry of
Deeds ever since the Revolution, — a most convenient circumstance
for conveyancers, as it allows us to suppose all missing deeds to
have been there recorded ; an hjrpothesis which, of course, cannot
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66 Cirr Doocmeht No. 105.
be possibly disproved. I myself caused this deed to be re-
recorded in 1834 (L. 383, f. 20). It embraced all except a 30-
feet lot at the south end, being 44 feet by 635 feet 6 inches. Across
the West part of the old ropewalk was laid out a lane, 10 feet wide,
now well known as Bidgway^B lane. This ropewalk, and Jenner's
ropewalk, which we found in Buttolph's pasture, added to those by
Pearl, Plhckney, and Poplar streets, make together H ropewcUka
in Boston^ which were probably " spinning^*' all at once^ for a
period of at least sixty years,
Mr. Minot had retained almi:)dt all tlhe lots on the east side of
Hancock street, being throughout about 91 feet deep, to this old
ropewalk on Ridgeway*s Lane. He died in 1732, and a great dir
Tieion was made in 1733 anxong his heirs ; John Minot taking the
north lot, of the moderate size of 217 feet, on HancocJc street;
George took the next lot of 159 feet wide ; Christopher contented
himself with only the next, 85 feet, on Hancock street ; while Peter
brought up the rear with the south lot of 159 feet. All this long
range of lots finaUy became vested in Jonathan L. and Benjamin
Austin, from whom the modem titles of all the east side of Han-
cock street, north of Deme street, are derived ; and this street
should, I think, have been named for Scottow^ Wheaton, Minot^ or
Au$tin.
Mr. Isaiah Tay died, seized of his twonacre pasture, in 1730, and
devised the same to his wife ; but the poor man f oi^ettiog to add
the word ^* heirs ** {prohaUy from not employ vng an attorney)^ the
poor womcm lost her pastures, and it went to collateral heins of her
husband. In 1737 partitkxi deeds were made (L. 54, f» 235 ; h.
65, ^ 80), by which a 30-feet street was laid out directly through
the eentre of the pasture, leaving on each side lots 52^ feet deep.
This street is now Temple street. About half of the land on the
east side of this street (say 330 feet deep from Cambridge street)
was subsequently bought by Joseph Coolidge, Esq., and formad
part of the garden of his noble mansion-house estatis, which, alas I
has fm-ever disappeared. Having now got into some of the best
society in Boston, I like my quarters so well that I think I shall
^op and pass the night. I may, perhaps^ hereafter advise you of
my ftir<^r journey to the eastward.
GX£AN£B.
P.S.'-^As the city fathers eagerly listen to all proposals for
changing the names of streets, I beg leave to ask tlmt Temple
strf'^t should be changed to Tay street. A temple is a heathen
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bailding, which only by poetic license is applied to a Christian
church. The present name was given to this street before it had
any church in it, or as a mere matter of taste and fancy.'' Now, as
the law prevented Mr. Tay from separating this estate from his
family and nam^y it ought^ at Ua^t^ v^t to separate his name from
the estate* Tay is a word so short that it will not probably be
thought necessary (as ia so many other cases) to strike out a
letter. Though, if that should be thought desirable, the y might of
course be omitted. The word itself is extremely musical. It occurs
ii^ t)^ poet's lay^ apd r^yme^ can easily be found for it through all
\t^ lexers of the alphabet. The only objection that occurs to ^le
19, that to our Hibernian fellow-citizens it may suggest merely ^
irellTjcopTfu beverage^ instead qt the ancient legal martyr^ whose
£^ I wish tto^ to commemorate.
" 0iirelj Mr. ^owditch mast have forgotten that Gov. Bowdoin's daughter married
Sir John Temple, bart., whose daughter married Lt.-Gov. Thomas LindaU Wh^^taop.
Tam^ was a Bostanian, hy ndaptioa «t least, his £at)ier and grand&ther having lived
^ ti»e Xeu Hills Farm, apd was o^e of our most uQted citizens. Doubtless this was th^
true source of the name of the street. In this connection I may add the wish that Mr.
Bowditch had lived to protest against the change of the name of" Lindall street,'*
whieh commemorated a fiftmous fiunily hero, to the nnm«Mwing an4 misleading tit)a
pi <<£xebange place/' in 1373. F^r nearly * cantuxy and a half lyindall's lai^e or
street W99 knowjn. — W. H. W.
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68 Cmr Document No. 105.
xxin.
BULFINCH'S FOUR-ACRE PASTURE.
August 11, 1856.
Mr. Editor : — Yoi^ will remember that I was last in Middle-
cott or Bowdoin street, having entered Mr. Coolidge's garden from
Temple street. He purchased the northerly lots on the west side
of Bowdoin street, 1791, 1795, and 1825, which gave his estate a
total front on that street of 368 feet 3 inches. This house and gar-
den was altogether one of the most beautiful residences which have
existed in our city within my memory. It was laid out into lots
in 1834, and no less than 28 dwellings were erected on it ; while a
large parcel of nearly 5,000 feet, with a fine old tree upon it, was
purchased and retained by the late Dr. Shattuck, for air, light, and
ornament, for the benefit of his estate on the opposite side of Cam-
bridge street. This, also, has just been covered with bricks and
mortar. The Middlecptt estate extended back from Cambridge
street about 1 66 feet south of Allston street, that street (which was
formerly known as Somerset place) , and also Balfinch place, 30
feet wide, having been both opened into Bowdoin street, through
this pasture, and thence extended easterly into Bulfinch street.
This leads us naturally to visit BulfincNs pasture. It seems to
have been estimated as containing four acres. It measured north
on Cambridge street 148J feet, on the west side 874 feet, in the
rear 74^ feet, then easterly 118 feet, and again south 23 feet, and
then east again 673 feet to Cambridge street. It was devised in
1665 by John Newgate to his son-in-law, Simon Lynde [Lynde
is named as east abutter in the deed of Middlecotfs pasture] , and
as early as 1687 was vested in his son, Samuel Lynde. Rather
more than 100 years ago it became the property of Thomas Bul-
finch. It remained in his family nearly 50 years, being finally dis-
posed of in 1796-1797.
The Revere House estate, 117 feet on Cambridge street, 184 feet
on the west line, and 140 feet on Bulfinch street, was sold for the
moderate sum of $7,000 in 1797, and for many years was the
well-known and beautiful mansion-house of the late Kirk Boott,
partner of the late William Pratt, under the firm of Boott & Pratt.
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"Gleaner" Articles. 69
It is rather remarkable that the private residences of both have ex-
panded into hotels, — the latter having lived in the Pearl-street
house. Mr. Boott's mansion had a more venerable-looking ex-
terior than its age justified, it having been originally built with
brick soaked in a preparation of molasses, with the design of ex-
cluding the moisture more effectually. When erected, Bowdoin
square was the very centre and nucleus of aristocracy and fashion.
Mr. Boott, indeed, had the offer of land in Beacon street, at a far
less price per foot than he paid for this estate. Here resided the
late Mr. Lyman (on the Baptist-church lot), the late Joseph
Coolidge, Jr. (where stores are now about to be built) , the late
Samuel Parkman, and various members of his family, including his
daughters, the late Mrs. Edward Blake and the late Mrs. Robert
G. Shaw, for whom were erected the two stone houses fronting
easterly on Bowdoin square. Though the glory of this locality has
now departed, as far as respects its private splendors, yet to the
public these are more than replaced by a hotel, which, in its accom-
modations and management, has no superior in the United States,
or perhaps in the world. As you, yourself, however, live there, it is
superfluous for me to enlarge on the ability and the courtesy of Paran
Stevens. May his receipts never be less ! Gleaner.
P.S. — As in duty bound we firat paid our respects together to
Mr. Blackstone, and ate some of his apples. We then strolled
through a couple of burying-grounds, and looked into two or three
• churches, half-a-dozen bakeries, and about sixteen ropewalks. We
also walked from Castle street beyond the green store on the Neck,
to see a hanging. We have inspected the hogs in Hog alley, the
COW8 0VL the Common, the — I was on the point of writing — but
I mean the mayor^ in the City Hall. We went on a siailing party
from the *' Circular Line," and landed on "island wharves," built
by the hand of man ** to traverse guns upon," where, however, we
found more salt than saltpeter. We have even ascended iJito the air
to visit an estate or two. But our chief excursion, now completed,
has been from Bowdoin square, down one side of Cambridge street,
and back again on the other side of the street to the point of
departure. This we have made rather leisurely, stopping to chat
with the neighbors as we went along. I have not myself thus far
picked up much in these wanderings, though I will inform you, in
confidence, that I have received an anonymous promise of some of
* ' Mollie Saunders' gingerbread . " If it comes , I shall indeed feel that
I have " gleaned " to some purpose. In the meantime I dare say that
I can get something almost as nice at the " Revere." (j.
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id Cut DodtTMEirt No^ 105.
xxiv.
MOLLT SAUNDEBS' GINGEBBBSAD.
Augtist 13, 1865.
Mk. EDiTOit : — tn my postscript to •* fiulftnch^s Pdfiture'* I stig-
gested a vagne hope of recelring some of *' Molly Saundel«* gin-
gerbread." That hope has been fhlly realized. 1 have Jufet got a
loud note from the old lady. It is signed *« Shttde of Molly Satili-
ders." But, though thus obviously coming from the Spirit Innd, it
was accompanied by a basket filled with the '' real aftide,'* — pre-
cisely as 1 used to eat forty years ago. Of this there can be no poS-
6ible mistake. Here, then, at lesi^t, is a " «ptnY communicati&n^'
which c&nnot be explained away. It ii^ tobst palpable aliki6 to sight,
touch, and taste. As you were the '^ medium " thtoilgh whom this
departed shade was apostrophized by me, a few bakes Are sent tb
you in acknowledgment Of youi* selrices ih that Capacity. If btir
deceased friend could be further persuaded to " impress" you and
your readers with the receipt which she used while on earth, what
an inestimable blessing would be thus conferred on mankind !
GrLEANfeB. ^
P.S. — It appears that the old lady had to return here to do the
baking, and in her note to me she says, very feelingly, *' t coiild
not make it look just as it used to, for there is no wood and no
oveils to be seen on airth now. 1 wouldn't live here again for
nothing.'*
** Inasmuch as there is so little historical matter in this article, it has been thought
admissible to print, as a note, an JEkrtici'e V^rhicb appeared at about the same ^ate, ahd
which is eert^ittl^ iirorth |)rfedelrtatibti. It WAs printed in the Bostoil " 3MulWti{tt " Ibr
August 2, 1866. — W. H. W.
Reminiscences of an otD bostonIan. (185&, August 2.) Toths^Si-
tor ofthk Tranmipt: —Enclosed I sehd yokx a copy of a lijtter written ih 1841, hf ».
D. Gh^eenleaf of Quihcy, to Mr. J. T. Hajward, which accidentally came into my pM-
session a short time since. It has occurred to me that there are some facts relating to
the local history of Boston, that are to be found in the letter, which are new, and per-
haps many wotild be interested by th'eir publication. Yott can makle tudi u«» of the
letter as you deem best. ~ A. M. H.
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*'Gm-an5b/' Article, 71
QinNOT, October, I8il.
Mr DEiJt Sib : — I have read with pleasure Col. Perkins** reminisceacas, and am
glad he has rescued so many things ftom obliFion ; bat as I am a few years in adyance
of our friend, I can look a litde farther k>ack, and rectify a few mistakes he has inad^
yertently made, and add sometiiing to the catalogue. Ist. Of the lower floor of the
Town House— the two small offices— one was the office of the Superior Gouit,
Charles Cushing, Cleris: ; the other for the Court of Sessions and Common Pleas, Exe-
klel Price, derk— both offices very shallow, being no deeper than the width of the.
stairs leading to the Council Chamber. At the time he speaks of there was neither
Senate or Governor, nor till 1780, when the State ConstitutioQ was adopted, and Grov-
emor Hancock elected. 2d. The Declaration of Independence was read by William
Greenleaf (my fafiher), t^en sheriff. Henderson was not sheriff tiU some years aftev.
My father was so proud of that proclamation that he had the paper i\H>m which he read
it framed and glassed, and it hung over his parlor fireplace as long as he was a house-
keeper. As his voice was rather weak, he requested Colonel Crafts to act as his her-
ald; they stood together at the front of the balcony, and my father read a sentence,
which was immediately repeated by Crafts, and so continued to the end, when was the
huzza, as mentioned. There was an engine-house under the south-east corner. The
lion and unicorn were burnt on the evening of the declai*ation on a bonfire,' in front of
the Bunch of Grapes, as were the king's arms from the Court-House, and all signs
bearing emblems of royalty that could be found.
Ezekiel Price kept an insurance office before either Payne or Hurd, — I think in a
building belonging to Col. P.'s father.
I remember a Tory oration delivered from the balcony of the British coffee-house,
by a surgeon of a British Regiment (Doct. Bolton). It was meant to ridicule the 5th
of March orations, and was delivered immediately after Mr. Hancock's or DK War-
ren's second oration, and was a low, vulgar abuse of the Whig patiiots of that day. The
mainguard was paraded m front with fixed bayonets, and the music sounded a grand
chorus at the end of it. It was printed, and I had a copy till I removed to Quincy,
when I gave it, with some other political pamphlets, to Rev. John Elliott, D.D.» for the
Massachusetts Historical Society.
The first Custom-House under the XT, 8* Government was in a building which makes
the west side of the Exchange. The east side was Mr. Coburn's ; but there was a
Custom-House before under the State government, and James Lord was the Collector*
It was opposite the south-east comer of Faneuil Hall.
Long wharf was commenced in 1710. North Battery wharf formerly belonged to
the Town of Boston, and was sold to Jeffrey <& Bussell, and by them to Mr. Lyman.
Brattle-street Church was built in 1772. The Old North Church was pulled down
during the siege for fuel, as was the wooden fence round the Common. The Common
lay open until the peace took place in 1783 or 1784 ; a subscription was then raised to
replace it. Dr. Oliver Smith being the promoter of it. I lately (say within five or six
years) saw a paper printed in 1784, containing a list of the subscribers, — I think 234. I
examined this list, and made out seven then living, — Capt. Barnard, Perez Morton,
Thomas L. Winthrop ; Jos. May and Joseph Woodward are since dead ; and I believe
Mr. John Marston and myself are the only survivors whose names were on the list.
The Latin School, in School street, was kept by John Lord, the father of James,
who was usher under his father, but never was principal. The father and son were of
different politics ; the father was chosen one of the Mandamus Councillors, and the son
carried off a prisoner by the British in 1776, and confined some time in Halifax. When
exchanged, he was sent member to Congress from Massachusetts. He delivered the
oration in commemoration of the 5th of March. There was before the war a Latin
School kept at the North End by Master Hunt. In addition to the taverns named by
Col. P., I remember the Mitre Coffee House, at the North End, Green Dragon, Union
Street, Yankee Hero, and General Wolf, Wing's lane (now Elm street), a large tavern
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72 City Document No. 105.
ftt the foot of Brattle street, kept by a Mr. Cooper, afterwards by Mr. EiDg, and the
George tayem, on the neck, and several others of less note.
There was a large reservoir for water, called the flat condait, between the foot of
Elm street and the old building corner of Ann street, I think about 12 feet squai-e,
covered with plank, and raised about 21 feet in the centre, and sloping both sides to
within 6 inches of the paving ; and on Saturdays this platform was a meal-market. If
a sudden rain came on, the bags of meal (by my permission) were brought into my
store for shelter.
The town dock then came up on the north side of Faneuil Hall, a little above Mr.
Faxon's store ; but the passage to it was so narrow at the foot of Merchant's row, that
a swing bridge was placed there for the convenience of passengers to the north — the
basin inside forming an octagon, and was generally filled by oystermen and Connecti-
cat coasters. The fish-stalls were at Uie head of the dock. D. 6.
Mr. J. T. Hatwabd.
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^Gleaner" Abxioles. 73
XXV.
SODTHACK'S TWO-ACRE PASTURE AND TANYARD.
August 14, 1855,
Mb. Editor : — On Saturday last I was left at the Revere, tak-
ing some refreshment, after our various excursions ; and then, after
eating a little '^gingerbread," I started off with renewed strengtii
and spirits. Having previously visited some other of our city
churches, I thought I would now look in upon one which stands on
almost the extreme south end of Bulfinch's pasture (as the Revere
does at its north end). This pasture extended a few feet south of
the south side of Ashburton place, so that it includes the whole
front of the houses of W. T. Andrews and J. M. Beebe, to the
average depth of 14 feet. The east line of the Mt. Vernon Con-
gregational Church estate coincides exactly with the east line of
this pasture, but on the west a small purchase was made from the
Bowdoin estate. There are few more eloquent preachers than the
Rev. Edward N. Eirk, and he is duly appreciated by a numerous
and attentive congregation. In the summer season, so many of our
citizens, especially as it happens among the Unitarian and Epis-
copal societies, retire into the country, that the churches of those
denominations, if opened at all, present a clear case of only ^^ two
or three gathered together." Thus, out of 148 families belonging
to King's Chapel, all are now absent except 12. But it is far
otherwise with Dr. Kirk's society. Bulfinch's pasture is truly
admirably represented at hath ends. It makes adequate provision
alike for physical and spiritual wants.
This pasture, as we have seen, after extending northerly 1 18
feet, made a jog outwards of 23 feet. Both these lines were on'
the estate of Cotton or Sewall, since of the late Gardiner Greene,
who owned through to Tremont street a tract of land embracing
the lai^est part of Pemberton square. Proceeding again northerly,
the east line of Bulfinch's pasture is on land of Cyprian Southacky
or more recently, of John Bowers, of Somerset, Accordingly, we
find that Howard street was anciently named Southack's court, for
the former, and Somerset street was so named by the latter.
This estate (next east of Bulfinch's pastui*e) contained two
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74 City Doccmaer No. 105.
acres. In the '' Book of Possessions" is, Edward Bendall, p. 58,
another house and garden, together with two acres of land adjoin-
ing, bounded on Sudbury street (i.e., Tremont street) east ; Robert
Mears north; John Cotton south and west. Bendall sells to
David Yeale, 1645 (Suffolk, L. 2, f. 48), whose attorneys convey to
the use of Capt. John Wall, 1653 (ib.). He died 1670, and his
hetrs, in 1678, Cdnvey to Edward Shippen (Suffolk, L. 11, f. 195).
Shippen sells off to Benj. Fitch, 1702 (L. 38, f. 56), a certain tan-
yard and land, bounded north on the highway leading to the Bowl-
ing Green (i.e.^ Court street), 48 feet by 156 feet deep. He sells
to Andrew Mariner the next westerly lot, 48 feet on said street,
1691 (15t f. 167), and, in 1702 sells all the residue to Cyprian
Southack (Suffolk, Lib. 21, f. 14) : '^ All that messuage, contain-
ing two acres, more or less, bounded on Sudbury street (i.e., Tre*
mont street) east ; on land now or late of Sewall, south ; on land
now or late of Samuel Lynde (i.e., Bulfinch's pasture) west; and
north on the way leading by the south side of the Bowling Green ;
excepting therefrom the lots sold Mariner and the tanyard in the
occupation of Russell." Southack sells off to Jonathan Armitage,
1718 (Suffolk, 33, f. 51) t the remaining or westerly lot, 74 feet on
Court street by 200 feet on the west line, so that this pasture
measured 170 feet on Court street ; and he granted him a right in
a new highway, 27 feet wide, laid out south of these lots, 1720
(Suffolk, L. 35, f. 51). This was Howard street. Southaok'spasturei
south of Howard street, was of an L shape, bounded north on that
street 141 feet, west on Bulfinch's pasture 440 feet, south on Cotton
or Sewall about 614 feet, east on Tremont row 103.3, then north
on Robert Mears' possession, and east on other lands. Various
changes of these boundaries were subsequently made. John
Bowers bought, 1799-1800, a tract extending about 62 feet west
of Somerset street, and 147 feet east of it ; and a large portion,
therefore, of his lands was wholly east of Southaok's pasture.
The most easterly of Bowers' lots was the Howard Athenseum.
The rear wall of that estate is an embankment of at least 40 feet
in height, showing the difference of level between it and the north
estates on Pemberton square. The lots on both sides of Somerset
street, from Howard street to the range of the north line of the
estates on the north side of Ashburton place, are held under deeds
from Bowers. On the east side of this street stands a block of two
houses, buih by Ebenezer Francis, Esq. (to which a third has
been lately added). The northerly of these houses belongs to
Z)r» Charles T. Jackson, who recently received from the Sultan
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4 dedoralidiA ioi the %t^«ff diseo^ry. [tt iroald Mem thdt tiie
Soltftfl hftd n(yt heai^d of me I>t. Morton, whose office is ki Trement
i«ow.]
The southerly hoilse ifiithtebloek htisalfiio hud some distlagiiifehed
tenants. Zt Was first odonpied by the late Uriah Cotting, who^ la
the eonstruetioti of Iftdia Wharl and Central Whaif « Broad street^
ilnd Comhill) etc^^ etc., and especially by the stapendmis enterprise
of the MilMam 5i' Western avetiue, evinced an almost Increctibte
genius, activity, and energy. His services, indeed, seem to be
forgotten by the present generation. His very name is scarcely
preserved except by his tombstone in the Granary Burying-ground.
But our local historians, through coming ages, as the future shall
more and more develop the results of his improvements, will grate-
fully recognize his claims as the Chief Benefactor of Boston. Sub-
sequently to his death this house was occupied by our fellow-
citizen, William Ropes, a distinguished Russia merchant, whose
vigorous old iige still shames the degenerate manhood of tnany who
are half a cebttiry youtiger than himself*"
Daniel Webster became its tenant while he was in the full maturity
of his glorious powers, before disappointment had darkened around
him, and before he had ever uttered a word or done an act as a
statesman which any of those hearts that most honored him could
have wished unsaid or undone. Having been one of his warmest
admirers, I will not say more than this of the dead; yet, believing
that but for him the fugitive slave law — that accursed torch of
civil dissension ! — would not now be throwing its lurid glare abroad
through our land, I cannot say less, Abbott Lawrence next occu-
pied this mansion, one whose entire career, both public and
private, has reflected so much honor on our city, our country, and
our age ; and whose precarious health, at this very moment, awakens
such intense solicitude among ourselves, and has brought back
echoes of regret from the other side of the Atlantic.**
The Rev. Ephraim Peahody^ of the King's Chapel, one of the
most estimable and popular of our city clergymen, for several
years resided here, and between these two last occupants came
your humble servant. It was the home of all the early years of my
married life, the spot where all my prof essional " gleanings " were
used tfp in " family expenses." I have always felt proud of having
made one in so goodly a company. But I trust that I have ever
nWiliam Ropes died March 11, 1869. — W. H. W.
MAbbott Lawrence died August 18, 1866. — W. H. W.
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76 City Document No. 105.
cherished a proper humility. Some years since the late Sheriff
Summer, father of our distinguished senator, delivered a lecture on
the duties of ^^ Sheriff." He remarked that in England the holder
of that office was entitled to the appellation of *'*' High" ; '^ but,"
added he, demurely making a meek bow to his audience, and
placing his hand on his heart, ^^ it is not so in this country, and,
in one instanoe at leasts that title of Jionor is entirely declined,'* I
would withdraw in an equally modest manner on the present occa-
sion. Glbaneb.
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** Gleaner" Abtioles. 77
XXVI.
REMINISCENCES OF SOMERSET STREET.
August 15, 1855,
Mr. Editor : — Having finished my call at my own domicUe, we
will look in for a moment at the next door. One of the lots of the
Bowers' estate, on which stand three hew brick dwellings, directly
opposite the east end of Allston street, measured 80 feet on Somer-
set street, and extended back over 215 feet on the south line. It
was about thirty years the residence of Ebenezer Francis, who
also purchased the adjoining mansion house of the late James
Lloyd, south of it. On the rear of these lands (with some changes
of boundary lines) stand his present mansion house at the north
end of Pemberton square, and the two next houses on its west
side. With the exception of these thiree estates all the lots in that
square, and also all back of the same from Tremont row to Somer-
set street, are held under deeds of Patrick T. Jackson. On Mr.
Francis' old mansion-house estate, at the comer corresponding
with part of No. 10 Pemberton square, now occupied by R. M.
Mason, Esq., stood a summer-house, on the very apex of the hill,
severity feet above even its present high level. The prospect from
this building was one of very great extent, and of the most varied
beauty. Charlestown, and many an inland town besides, were in
full view towards the north and west, while in front lay spread
out before the spectator the thronged streets of the city, the masts
of its shipping, the harbor dotted with its graceful islands, and
beyond, in the extreme distance, might be seen Nahant, etc.
Mr. Webster, while tenant of the adjoining estate, from time to
time came here to gaze on this magnificent panorama.'" On one
occasion he had some friends at dinner, and was desirous that
they should participate in this pleasure. Accordingly, the little
** It may be weU to note here that I possess a large painting, by Salmon, represent-
ing this view, executed early in the pi*esent century. The stand-point is apparently on
Sandy Hill, about on the line where Ashburton place now is, and in the immediate fore-
ground is a summer-house, which I presume to be the one mentioned in the text. An
engraving was given in the " Memorial Histoiy of Boston," issued by J. £. Osgood &
Co. , as the frontispiece to Vol. IV. — W. H. W.
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78 City DoouMEifT No. 105.
gate was opened (the erection of which had been permitted for
these visits) and a i>rocessLon appeared, headed by a servant bear-
ing a' waiter with refreshments, and followed by Mr. Webster and
his guests. It so happened that on that day a feather-bed had
been taken to the sammer-hous« to be opened and readjusted,
and the process being in fall operation at noon, the building had
been left 1^ the servants. It wtw, of course^ now found to be pre-
viously occupied by an assemblage offeathersy which^ aided by a high
wind^ o^ once flew out to welcome their visitors. This unexpected
feceptkm was a source of much merriment. Chairs aiid a table
were placed in. the open air, and I have no doubt that both hostt
and guests found new inspii»tkm from the beautieB ol this glorious
diniog-rooiQ.
To those who rememba* tiiese estates as they thaa 3tood, the
present nept aqd ekgaqt buildings, and the quiet square which tbey
tnrvound, seem but a poor and palt^ substitute. The excaviLtions
loade thr^Highout this purchase by Mr. Jackson and hi^ associates
were absolutely frightful. The estate of Mr. Francis, towering up
to fluch a height next to them, of course could not b|it greatly eur
danger any buildings which might be erected beneath it; and,
indeed, it oould not itself any longer be U3ed with safety. So the
flummer-house passed away.
Whep I was in college I jbad petitioned at the clpse of my junior
year for a room in Holworthy., instead oi which I obtained oi^e
directly opposite to that which I already oocupiad- I was quizzed
by a clsasmate, who SMggested, as a consolation, the ^^tse with
which one of the >' goodies " could vem^ye oiy effects ftorpss the
entry. An almost equally short and ei^^y removal i^waited me in
after yeairs as a householder ; since^ onoea^ing to OQCupy the man-
aioaof ^'glorious ant^oedents" in So^ierset atreet, }. was trans-
ferred to, and still remain a tenant<-ftt-wiU pf , one of the new domi-
ciles'^ under, or nearly under, that ancient siprnqer-house.
Glbambh.
~ .U,\» ».J t
MMr. Bowditch liyed 9X No. 9 Pemberton square, the most nortl^erly house on the
west side. — W.H.W.
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"Glbansb'' Abtiolks.
UNIVERSITrl
XXVIL
ANCIENT AND MODERN LAW.
Aupust 26f 1$S$,
Me. Editor: — The lower portion of Soathack's pasture was
known as Valley acre. Thus a deed of the Cotton, or Greene
estate, after bounding north 811 feet back from Tremont street,
continues the line 2d5 feet further on the land formerly of Cyprian
Southack, now of Mr. JohnTyng, or VaUeyacre^ A.D. 1756 (8uflf.,
L. 92, f . 52). Mr. Drake somewhere speaks of VaUep acre as iden-
tical with or part of PeTriberton squxxre^ which is like speaking of
Mt. Tom or Mt. Washington as a valley. The lots of Mr. Bowers
were probably measured by a line along the rising surface of
Somerset street, and, of course, fell short. A suit arose for a gore
of land under a deed which went 100 feet from Howard street *^ till
it comes to the wall of a brick stable." The case was opened by
Rnfus G. Amory, Esq., for demandant. Chief Jucrtice Parsons
said, " Is the land sued for beyond the stable?" — *' Yes, Your
Honor." — *' Well, then, gentlemen of the jury, you must bring in
your verdict for the tenant." — '' But, Your Honor, I wish to argue
the point." — ''I cannot hear any ai^ument : monuments govern
mecbsurements. Call the next jury. ' '
The same principle, thus promptly announced, has just been ap-
plied to another estate which happened to belong to the same party.
But there is a marked difference between the two decisions. This
last case ( *' Curtis vs. Francis" ) was in court from 1839 to 1855,
and the point decided is, that under the rule of *' monuments govern-
ingmeasurem^ents^** a straigfU line in a deed nay he broken off in the
midcUe and one part detached from the other j even to the distance of
40 feetj said detached part thence to continue in a direction vary-
ing 15 degrees from the course at the commencement. The line in
Curtis vs. Francis began on Sea street, '^ at the south-west corner
of Capen & Drake's wharf, and fh)m said comer running in a
direction of about, south, 60 degrees east, bounded north on Capen
& Drake's wharf and flats to the channel or low- water mark."
Now, to common apprehension, this seems to be one continuous
line from street to channel. And in a previous case ( Dawes vs*
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80 CiTT Document No. 105.
Prentice ), where the language was, *' from Purchase street to the
capsill of the wharf, about 114 feet, and from thence to run down
to low- water mark," the Court say, '' There 18 no change of course
indicaledy and the construction must be that the line below the wharf
is to run the same course cw tJie line of the wharf ^^ And here again,
to common apprehension, seems a decision perfectly in accordance
with the natural construction which first suggests itself to the
reader's mind. The Court, however, in Curtis vs. Francis, in
effect say, ^' It is true that Drake's wharf is a monument as far as
it goes ; but then Drake* s flais become a monument^ and it appears
to us that Drake and his neighbor mistook their lines of flats ;
though the deed in question therefore shall be deemed to convey
a gore of flats, which we really think belonged to Drake, outside
of his wharf, because the deed runs by the wharf ; yet, when the
wharf ends, the line shall be deemed to hop off to what we consider
the true line of Brokers flats, and thence run by that monument to
the channel." These ancient grantors and grantees would, I think,
be very much surprised if they knew that their one straight line
had thus been transformed ; and this, too, by the application of one
of the soundest rules of judicial construction. It would, almost^
seem, that, while the first case was decided rightly in fifteen minutes^
the last one has been decided wrongly in fifteen years.
. Gleaner.
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^Gleaner*' Artioi«es. 81
xxvm.
THE SPRING HOUSE.
August 17 J 1855,
Mr. Editor : — At the last advices I had fallen into some tan
vats which I found on Court street, 122 feet east of Bulfinch street,
and which extended 48 feet on that street. Escaping without any
serious injury, I rearranged my toilette in some small lots of about
137 feet on Court street, and from 50 to 60 feet deep, reaching to
Stoddard's lane or street. All the lands east and south of this
range of lots (extending to Tremont row, and on both sides of
Howard street) became, in very early times, united in Simon
Lynde, who thus unexpectedly turns up again. The extreme cor-
ner of Tremont row and Court street was bought by him of
Thomas Boyden and Hannah, his wife, in 1662 ( Suffolk, L. 4, f. 61) ,
bounded on said Lynde south, on Sudbury lane east and north.
Now, Bobert Hovoen was an original possessor, and we find deeds
of John andlsrael Howen to said Lynde, 1662, 1 663 ( Suff. , L. 4, f . 71
and 141 ), conveying two-thirds and one-third of " all that land
and ground late of my mother, Elizabeth Howen, containing half
an acre, bounded with Robert Mears south, and some part of it
with the street ( i.e. , Tremont street ) easterly and eastwardly , north
and west with the house where said Simon now dwelleth, also a
comer bounded west with the land in occupation of Oove^^nor Endi-
cott.*' We thus learn where to call on His Excellency.
Lynde died in 1687, and we find a deed of Nathaniel Newgate,
or Newdigate, and Sarah, his wife ( a daughter of said Lynde ) , con-
veying, in 1694, this corner estate as messuage known by the
name of "2%e Spring House'' So that The Spring Hotdj at
Watertown, had an ancient predecessor in Boston. Hannah, the
only daughter of Mrs. Pordage,** married James Bowdoin, and in
1 748 an indenture was made to bar an entail of the part of said
lands south of Howard street, and east of Southack's pasture [i.e.,
» George Portage, or Pordage, married Elizabeth, daughter of Simon Lynde, who was
thus an heir to part of the estate. Their daaghter Hannah married James Bowdoin,
aenr., father of Qoyemor Bowdoin.— W. H. W.
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82 City Document No. 105.
from the centre of Somerset street to Tremont street ] . It is from
this source that Bowers got his title to the Howard Athenaeum
lot, etc.
The lai^e estate east of the Howard Athenseum, measuring 154
feet on Howard street, and 74 feet on Tremont street, was, in 1779,
contracted to be conveyed to Ellis Gray, who died (see Suffolk,
L. 148, f. 52) , and became the property of Theodore Lyman, Senior,
in 1785 (L. 154, fol. 121). This lot was designed to have been
used by the Brattle Street Societj'^ for their church ; but, by the
present of a bell. Governor Hancock induced them to rebuild on the
old site. The brick block on Tremont street presents now a very dif-
ferent aspect from the beautiful gree^ yard or lawn which originally
extended in front of Mr. Lyman's mansion. Next south of this
comes a lot 85 feet on Tremont street (by 28 feet 6 inches on the
south line) , which is held under the possession of Robert Meara.
Mr. Mears died in 1667, devising his land " as adjoining to the
grounds of the late Governor Endicott." Part of these lands, in
1709, gets into one John Staniford (Suffolk, L. 24, f. 146, 226)
[who, it appears, was not contented with the six acres he had
bought from Bowdoin square to Chambers street]. He sells to
the Rev. Henry Harris, 1763 (Suffolk, L. 37, f . 92), whose executors
sell, in 1734, to James Pemberton (L. 48, f. 299), in whose family
the same rjemained for half a century, and whose name now
flourishes in Pemberton square. Another part of Mears' lands is
traced through Hodges, Ellis Gray, Colman, etc., to Dr. Samuel
Danforth, 1785 (Suff., L. 154, f. 136).
We have seen that Southack's pasture came out on Tremont row,
with a front of 103 feet, next south of Robert Mears. This
front part, 313 feet deep on Cotton or Sewall,''^ he sold off to John
Jekyll in 1724 (L. 38, f. 98), and by deed of Jekyll's heirs it
became vested in Dr. James Lloyd by deed in 1768 (L. 114, f . 137) ,
which volume being now lost, it was again recorded in 1827
(L. 315, f. 273). Having thus called upon all his neighbors, the
Rev. John Cotton, the spiritual father of Boston, will have reason
to feel hurt if we do not pay him an early visit.
Gleaner.
M At this point Mr. Bowditch bnngs the titles of the northerly half of the hill in
contact with those ti*aced on the southerly part. The Cotton or Sewall lot is traced in
a subsequent ai*ticle to this point. When Sewall's property was sold by his hen's to
"William Vassall, in 1758 (Suff., Lib. 92, f. 52), the lines were north on the heirs of
John Jekyll 311 feet, and of Capt. Cyprian Southac (then John Tyng,) on Valley
Achor 295 feet, and heii*s of Bulfinch 20 feet, the whole line from Treamount street up
to and across Valley Achor being 626 feet, etc. — W. H. W.
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'Gleaner" Articles. 83
xxrx.
"VALLEY ACRE."
Augurt 18, 1865.
Mr. Editor : — My attention has' been called to an article * in
the " Transcript " of yesterday, signed " Valley Acre." That name
of course indicates a region at the base of a hill. The line of 311
feet from Tremont street, mentioned in the deed to which I refer as
locating it, extends severed feet west of the houses on the west side of
Pemberton square^ — there begins the 295 feet boundary on Valley
acre. This last-mentioned line extends to a point about 20 feet
east of the church in Ashburton place. Valley acre^ therefore^
embraced the lands on both sides of Somerset street^ to Bvlfinch street^
etc., and extends down the hill to the low grour^ on Court street.
This maj'^ not be '* far from the present northern termination of the
iron fence in Pemberton square ; '* but the very definiteness of that
landmark seems to place Valley acre on the top of the hill, in-
stead of at and near its ba^se, and, as I thought, justified my allusion
to a valley being located on the summit of Mount Tom or Mount
Washington. Gleaner.
•7b the Editor of the Tramenpi : —As you are disposed to set all little historical
matters right, I beg you will request Mr. ** Gleaner " to set his readei's right in respect
to what is said in the History and Antiquities of Boston about " Valley acre." The
i-eaders of his article in the ** Transcnpt *' of to-day (16th August) may be disposed, from
his statement, to think that the author of the History has made some important blunder
in locating the place in question, while he does not locate it himself. Now, if you or
your readers, and ** Gleancir," too, will turn to page 593 of the Histoiy, the foUowinnf
definite statement will be found respecting " Valley acre " : " Valley acre, as appears
from an early map of the town, was adjacent to a spur of Beacon Hill, which extended
north-easterly from the main hill, terminating abruptly not far from the present
northern termination of the iron fence in Pemberton square."
It may be as difficult for any one to imagine what this can have to do with Mount
Tom or Mount Washington as it was for ** Gleaner " to locate Vallet Acre.
[NOTB. Thia was Mr. S. G. Drake. — W. H. W.]
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84 CiTT Document No. 105.
XXX.
COTTON HILL.
August 20, 1855.
Mb. Editor : — Tu the Book of Possessions, p. 9, is '' Mr. John
Cotton, 1 house and garden and about half an acre with cm acre
adjoining, bounded with Sudbury streete (i.e., Tremont row) east,
Edward Bendall north, the Centerie Hill west, Mr. Beilingham
and Daniel Maud south.'^ Bendall was, as we have seen, the
predecessor of Cyprian /Squ^AocX;. This possession of an acre and
a half in the very heart of the town was a noble allotment to its
first citizen, — one from whose place of residence in England our
city derives its name. It does not savor of the small salaries
sometimes so grudgingly paid to their pastors by our smaller towns.
Looking directly down Queen street, or Court street (which, not-
withstanding its later glories, for many a long year was known as
Prison lane, from the prison standing where the Court-House
does now) , it rose to a great height, forming a sort of outpost to
Beacon Hill. It soon acquired the name of Cotton Hill.
Mr. Cotton died, and by will, proved January 27, 1652-3, he
says, ^^ and because the south part of my house, which Sir Henry
Vane built whilst he sojourned with me, he by a deed gave it at
his departure to my son Seaborne, I doe yrefore leave it unto him
as his by right," etc. He also speaks of his wife's ^' house and
garden in the market-place in Boston in Lincolnshire." This item
does not, however, come within my present investigations. If his
wife and children die without heirs, " or if they shall transplant
themselves from hence into Old England, then my will is, and 1
give the farm at Muddy River one-half to the College, one-half to
the Church."
It seems that beside his son Seaborne (quaintly so named from
his place of birth) he left as devisees, Sarah, wife of Richard
Mather, Mariah, wife of Increase Mather, and John Cotton, who,
in 1664, confirmed this devise to Seaborne (Suff., 6, f. 233), and he
sells this part to John Hull (Suffolk, 6, f. 226). Their original
parchment deed is in my possession, — the recent gift of my friend
Hon. James Savage. He doubtless thinks, '* good, easy man "—
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"* Gleaner" Articles. 85
that if I die first it is to revert to him,*^ but I shall instruct my heirs
to hold on. In 1677, Nicholas Paige bought out the residue of the
estate (Suffolk, 10, 107 and 108), bounded north in part on Simon
Lynde (i.e., Bulfinch's Pasture), and in part on the house and land
where Governor Endicott last dwelt, and in 1682 this also was
bought by Mr. Hull (L. 12, f. 216). So the mint-ma^r suc-
ceeded the clergyman : here being another quite respectable invest-
ment of his surplus " shillings " before mentioned. This last deed
bounds north on Lynde in part, and in part on *' the land of
Edward Shippen, formerly the dwelling-jjlace of Governor Endicott/*
Now, Shippen was owner of Southack's two-acre pasture. So we
have incidentally made sure of the exact domicile of the governor,
having, as it were, ''shot him flying."
Hull died 1688, and the division in 1684 embraced '' the lands
in Boston, formerly Mr. Cotton's, at Cotton Hill, commonly so caUed,
with all the buildings that now [are] or shall be erected thereon "
(L. 13, f. 92). By this instrument, the premises, after the death
of Hull's only daughter, Hannah, wife of Samuel Sewall, are set-
tled on her issue.
Richard BeUingham's possession, p. 5, is "also a garden lot,
bounded on Mr. John Cotton and Daniel Maud north, the high-
way east, John Coggan south." He died 1672. His only son
and heir, Samuel, being about to marry Elizabeth Savage, widow,
made a marriage settlement by deed to John Shelton and Edward
Hull, 1695, and said Elizabeth appoints to said Samuel Sewall in
1697 (Suff., 14, f. 439), '' a piece or parcel of land, being on the
side of a hiU adjoining to a hill formerly belonging to Mr. Cotton."
It is described as about half an acre, and is bounded north on said
Sewall, east on said Sewall, and in part on land belonging to the
First Church, etc. This I suppose to be one of the most venerable
marriage settlements on our records.
Samuel Sewall survived his wife Hannah, and died in 1729, and
under division deeds (L. 45, f. 183), the premises came to his
daughter Judith, wife of William Cooper, and after her death were
conveyed to William Vassal, 1758 (L. 91, f. 76). In 1790
Patrick Jeffrey became owner. He married Madam Haley, widow
of Alderman Haley of London, and sister of the celebrated patriot
or demagogue, John Wilkes. A cabinet or secretary, and various
articles of plate, formerly of Madam Haley, with the Wilkes
*^ Mr. Bowditch died first, April 16, 1861, aged fifty-six. His Mend, James Savage,
the rcnerable antiquaiy, though twenty-one years his senior, lived twelve years longer,
dying March 8, 1873, aged nearly eighty-nine years. — W. H. W.
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86 City Document No. 105.
anns, were purchased at the sale of Mr. Jef&ey's effects by
Ebenezer Francis, Esq. Her occupation of this estate was in a
style of splendor of equipage, and of living, etc., utterly at vari-
ance with the puritanic austerity of its first possessor, or the
simple dignity of his noble guest, who, having served his country
with a self-devotion like that of the Regicides, like them died a
martyr in her cause, by sufferi^pg a traitor's death.
Gleaner.
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^^ Gleaner" Articles. 87
XXXI.
COTTON HILL. — (Oontinw6d.)
Augurt 21, 1855.
Mr. Editor: — Rich widows who marry young husbands too
often find their hearts grow heavier and their purses lighter. Such
was the experience of Madam Haley, who was worth 70,000
guineas when she became Mrs. Jeffrey. She returned to England,
and died there in her husband's lifetime. He remained in America.
He was, I believe, a brother of the celebrated Scotch reviewer.
There is a form of conveyance well-known to the English law,
called '^ Lease and Release," where a lease is first made for one
year, and then the fee simple is released. A very large number of
valuable estates in Boston and elsewhere, bought with Mrs. Jeffrey's
money, were thus conveyed, and simultaneously the same were re-
conveyed, so as to vest the titles in him and his wife, and the
survivor. This is the chief, and, indeed, almost the only instance
that I remember in our records, of this roundabout way of effecting
what is more simply done by our common deed. Survivorship be-
tween husband and wife ensures a salutary control over the issue
of the marriage, and makes it certain that the wife surviving shall
have her own again. This circumstance satisfied me that Mr.
Jeffrey was a man of honor. I have known the wife's estates so
conveyed as to shift the fee directly into the husband, in which
case the wife would only get dower in her own lands. This
arrangement never appeared to me to be a striking proof of disin-
terested affection.*
Patrick Jefllrey, in 1801, conveyed to the town a strip of his land*'
taken for Somerset street, which was extended to Beacon street
(Suff., L. 277, f. 297), and then for $36,000 conveyed this estate
* [See the note at the end of this article. — W. H. W.]
» It seems proper to premise here that William Vassall, who was the purchaser of the
Sewall lot, was a Mandamus Ck>uncillor and i-ef^ee. In 1787 (Suff., Lib. 169, f. 270)
he sold this estate to his nephew, Leonard VassaU Borland, of Boston, for £4,000. This
sale seems to haye been illegal, and in 1790 (Suff., L. 179, f. 241) John Lowell, as
attorney for William Vassall, sold the property to Patrick Jeffrey. The exact bounds
will be mentioned later.— W. H. W.
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88 CiTT Document No. 105.
to Jonathan Mason, 1802 (L. 203, f. 32), back to Somerset street.
The portion west of Somerset street, i.e., backto Bulfinch's pasture,
or the church, he sold for $12,000 to Asa Hammond, 1804 (L. 210,
f. 138). Mr. Mason conveyed for $41,000 to Gardiner Greene, in
1803 (L. 205, f. 252). And now the original splendors of the
estate seem to return. For nearly thirty years it remained the
mansion of Mr. Greene, the wealthiest citizen of his day, one
who held high public and private trusts, and was conspicuous for
his intelligence, integrity, and good judgment. The house had no
remarkable architectural pretensions of any kind ; but the natural
beauties of the site, improved by taste and art, made it altogether
the most splendid private residence in the city.
Some of the most agreeable reminiscences are associated with
the elegant festivities of that old mansion. Belonging to one of
our first families, Mr. Greene, connected himself by marriage with
others equally distinguished. One wife was a sister of the late
John Hubbard; another (his widow, still living among us) is a
sister of Lord Lyndhurst, formerly Lord Chancellor of Great
Britain. The son of the celebrated artist, Copley, and a Boston
boy, be gained for himself entrance into the peerage, and attained
the highest of judicial honors. He is still living,*' the Nestor of
the House of Lords ^ taking an active part in public affairs. No
one could have said with more truth than himself, what was said by
a distinguished predecessor on the Woolsack, when repelling what
he deemed an insult : ^' As presiding officer of this House, as
keeper of His Majesty's conscience, as Lord High Chancellor of the
realm, I feel myself as respectable^ aye^ and as m%vch respected^ as the
proudest peer I look now down upon.^* Only a year or two since
Lord Lyndhurst instituted inquiries as to the operation of the
system of Registry of Deeds in Massachusetts and New York, with
a view to its introduction into England. His autograph note, ex-
pressing his satisfaction with the answers which I prepared to his
questions, I value far more than a^y professional fee that I ever
received.
The west line of Cotton's estate coincides with the east line of
Bulfinch's pasture, i.e., of the Church estate in Ashburton place.
Its north line ran 630 feet in a straight course to Tremont row, in-
cluding the house-lots on the north side of Ashburton place, and
* John Singleton Copley, born at Boston, May 21, 1772, was the son of the distin-
guished artist of the same name. He was Lord ChanceUor, 1827-1830. He was twice
married, but left only daughtera at his decease, Oct. 12, 1863. His sister, Mrs. Greene,
died Feb. 1, 1866, aged 96, leaving numerous descendants. — W. H. W.
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* Gleaner" Articles. 89
the whole central portion of Pemberton square, embracing the
fronts of all the bouses on its west side, south of Mr. Francis'
lands, and corresponding portions of the houses on its east side,
both north and south of the entrance from Tremont row. Cotton's
estate (with Bellingham's united'® in the Sewall family), measured
east on Tremont row 163 feet, or nearly to the south line of the
present entrance to the square. It had various jogs outward on
its southerly line, greatly enlarging its contents, adding perhaps 90
feet more to its average width, for % depth of over 300 feet. The
possession of Daniel Maudy measuring 137 feet on Tremont row,
by about an average depth of 80 feet, was also bought by Mr.
Greene. Hezekiah Usher sold it to Thomas Scotto, 1645 (L. 2,
f . 193), " bounded west and north on Mr. John Cotton." It passed
through Leblond, Erving, Brimmer, Bowdoin, Waldo, Walcott,
Winthrop, and was conveyed to Mr. Greene for $31,000 in 1824
(L. 293, f. 196). This gave Mr. Greene in all a front of 300 feet
on Tremont row. He died in 1832, and his 90,000 feet of land are
appraised at $142,000, say at $70,000 per acre.
^ This phrase is a little obscure. In his next article Bowditch seems to ti*ace all of
Bellingham's/ron^ lots without touching Hull or Sewall. Probably he refers to the
fact that Sewall bought part of Bellingham's back lot, Oct. 11, 1697 (Lib. 14, f. 439).
It was adjoining to the hill formerly belonging to John Cotton, and was bounded north
bj Sewall ; east partly by Sewall, and partly by land belonging to the First Church,
now occupied by Mr. John Bayley ; south by land lately of Humphrey Davie, and west
by land lately of Capt. John Wing. It was about half an acre. — W. H. W.
MADAM HALET.
August 23, 1855.
Mb. Editor: — Your careful correspondent, and my very good friend, "Gleaner,"
is mistaken in his opinion that Patrick Jeffrey, the second husband of Madam Haley,
was a brother of Francis Jeffrey, the Scotch reviewer. Francis Jeffrey was the son of
George Jeffrey and Henrietta, daughter of John Loudoun. Their children were
Margaret, Mary, Francis, John, and Mainon.* John came to Boston, and joined his
mercantile unde Patrick, who became the husband of Madame Haley, f The maiden
name of Madam Haley was Wilkes. She was the sister of the celebrated John Wilkes,
of the North Briton, t My mother was an intimate friend of this lady, during her
halcyon days as Madam Haley, and for some time after she became the victimized wife
of Patrick Jeffrey, who treated her with great brutality, and to escape from whose
persecution she finally returned, in comparative poverty, to England. There is a
sequel to the history of this unhappy lady's residence here, which I have heard related
more than once in our family circle, and which I suppose may be relied upon as
correct.
* CoeUrarn*! Lift of Lord Jeftvy, Vol. 1, pp. 1 and S.
tIbid.,p.M.
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90 City Document No. 105.
Pemberton square was laid out in 1835, just twenty years ago.
Had it been named Cotton place, for the old clergyman, it would
have been thought that Mr. Jackson so named it because it was a
distinguished manufacturer. If called Vane place, that name,
Mrs. Haley had a daughter, who, against her mother's wishes, became affianced, and,
in disregard of her menaces of repudiation, ultimately married to a physician of
Boston named Brown. If I do not misremember, he had been a pupil of Dr. John
Jeffries. He was quite respectable, but obscure and penniless. He had, I believe, ac-
quired considerable notoriety by a dissertation on yellow feyer. After his marriage,
Madam Haley kept her word, and obstinately refUsed to have any commerce with the
daughter of her husband. They finally settled in London, where he became very
respectably established in good practice. /
It must be here stated that the second mamage of his sister was exceedingly
offensive to John Wilkes, and he was said to have expressed himself with intempeitite
severity, and even with bitterness, in regard to her and Mi\ Pati'ick Jeffrey.
Unable to bear any longer the hai'sh and uugi*ateful usage of a brutal husband,
whose promises to love and to cherish had less reference to her person than to her
propeity, Madam Haley I'eturned to England. On her arrival in Loudon she instantly
repaired to the house of her brother, Mr. Wilkes, and sent in. word by the servant that
his sister, Mi*s. Jeffrey, was at the door. After some delay, a chilling message was
delivered : '* Mr. Wilkes had once a sister in Arnericaf Mrs. Haley, but he knows nothing
of Mrs. Jeffrey.*^ After this cruel i*epul3e she retired to some private lodgings in the
city.
There is an old, homely distich —
** A son is a ton, till he geta him a wife —
A daughter, a daughter all the dayi of her lift.**
The imputation conveyed m the fii*st line I personally know to be false. With a
few unnatural exceptions the averment in the second may be tiTue. Ere long the
tidings of the mother's amval reached the eai-s of Mrs. Brown and her husband. They
instantly repaired to the lodgings of this unhappy lady, — not to oppress her broken
spirit and subdued and softened heart by a foimal tender of their sei*vices, but im-
pulsively to rush into her aims, to ask her forgiveness, to take her forthwith to their
abode, to cheer her declining yeai*s, to make up for the time that had been lost, by re-
doubling their effoits to make her happy ! In the home of this devoted daughter
Madam Haley passed the rest of her days. During her residence here her town-house
was on ''Pembeiton's Hill," and her country-house on Milton hill, — the situation
occupied subsequently by the Hon. Jonathan BusseU. Sioha.
We sent a pi*oof of the above to " Gleaner," who has fui*nished the following
reply : —
** I stated it merely as my belief ihiX Mr. Jeffrey was brother of the Scottish Reviewer,
and admit that '* Sigma " is right iu making him out an unde. I cannot but i*egret
that one who, by his conveyances^ seemed so considerate as to the right qf the old lady
in case she should survive him should have so brutally tried to break her heart and
kill her off in his lifetime; thus, as it were, d^eating t?ie manifest intent of the instru'
ment he had executed," GLEAinCB.
[Most Bostonians will remember that " Sigma " was the well-known signature of
Lucius Manlius Sargent, who wi*ote many antiquarian notes for the " Transcript," a
part of which were republished in 1856 under the title of ** Dealings with the Dead.
By a Sexton of the Old School." — W. H. W.]
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*' Gleaner" Articles. 91
however spelt, seems to be associated with qualities of mind not
the most respectable. Faneuil place would have become Funnel
place. It was at first christened Phillips place^ its southerly
portion being held under deed of Jonathan Phillips to Mr. Jackson.
But as there was a prior " Phillips place " within a few rods, old
Mr. Pemberton was called in, who once owned on the extreme out-
skirts of the square, at its north end. Bellingham place wOuld
have been much more appropriate, or even ^^ St. Botolph's square,"
the old town of Boston, in England, deriving its name from this
patron saint. A '^ jingo tree," the only one in this part of the
country, was successfully removed to the Boston Common, by the
Beacon-street mall, nearly opposite Mrs. Greene's present residence,
where its dark, glossy foliage must often remind her of the departed
grandeur and beauty of her old homestead.
Gleanxb.
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City Document No. 105,
XXXII.
FIRST CHURCH LOT, AND PETER FANEUIUS HOUSE
ON TREMONT ROW.
August 22^ 1855*
Mr. Editor : — We have seen that Gardmer Greene's estate was
made up of parts of the original possessions of Cotton and Belling-
ham, and also the little Maud possession. Other portions had been
sold off by Mr. Bellingham, and one of those became vested in
Rev. John Davenport, who dying in 1670, and his son John in
1676, the ultimate heirs conveyed for £170 to Robert Sanderson,
Senior, Henry AUine, and Joseph Bridgham, deacons of the First
Church of Christ in Boston, A.D. 1693 (Suff., 16, f. 133), "all
that certain messuage or tenement, with the appurtenances and
land thereto belonging, situate in said Boston, bounded at the east
end with the street or highway leading from Prison lane (i.e., Court
street) up to the Common or training-field, on the west end, with
land heretofore appertaining to Richard Bellingham, Esquire, de-
ceased, of which this land hereby granted was once a part ; on the
south side with the garden and land of the late Humphrey Davy,"
etc., the north boundary being in part on land of the late John
Hull.'^
This lot measured 68 feet in front, 62 feet in rear, 156J feet on
north line, 137^ feet on south line. Its location is just about in
the centre of the lots on Tremont row (south of the entrance to
Pemberton square), and it includes the back portion of three estates
on the east side of Pemberton square. It remained the property of
the church for nearly a century, being conveyed in 1787 to Sampson
Reed (L. 160, f. 166). It became the property of Wm. Phillips in
1805, at a cost of $15,000. Upon this lot stood a most ancient-
looking building, with windows of very small panes of glass.'* I
>*Part hj garden of Robt. Howard, deceased, now appei-taining to Gabriel Bamon.
— W. H. W.
^ Shaw says that Gov. Bellingham's house stood on the spot where Faneuil built.
But this seems an error, as the north lot of Bellingham (sold to the church) had the
house on it, and the lot sold Davie is land only. Hence we may presume that this old
house was Gov. Bellingham's, and that Davie built his own stone house, which he sold
to Faneuil. —W.H.W.
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''Gleaner" Articles. 93
have beai*d it stated, and have reason to believe it true, that when
it was pulled down a chair was made from some of its timbers for
the late Hon. Judge Davis, as possessing great antiquarian interest
under the idea that it was in this house that Sir Harry Vane so-
journed. It was within one of being the right h^Mise ; but a miss is
as good (or as bad) as a mile, in such matter. I trust that it has
not been presented to and oflBcially accepted by the Historical
Society as a genuine article. Few who drop in at Mrs. Mayer's''''
to take an ice have any idea how venerable is • the source of her
landlord's title. And I certainly regret the necessity of depriving
80 pleasant a locality of any of its ancient honors.
Mr. Bellingham had still retained a lot 140 feet on Tremont
street, 120 feet in rear, with an average depth of 325 feet — quite
a pretty residuum. This he conveyed to our friend Humprey Davy,
1663, by deed not recorded till after 47 years (L. 25, f. 166).
" A parcel of land being part of an enclosure lying and being in
Boston between the old burying-place highway east, the land and
orchard of Joshue Scottow south, the ground or orchard of Davis,
widow, west, and the land of said Bellingham^ being the other part
of said enclosure, north."
We met with Mr. Davie among the pastures south of Cambridge
street, and by the same mortgage to secure a marriage settlement,
1683 (L. 13, f. 72), and foreclosed, the title to both estates got
vested in his widow. She conveys to her two sons, 1706-1710
(Suff., 23, f. 9, 10), having at the last date picked up a third hus-
band. And here I lake occasion to remark, that invariably, if a
woman own a large landed estate, she is sure to keep getting mar-
ried from time to time, as often as death affords an opportunity,
thus making great embarrassments in tracing titles. These two
Davies conveyed it for £800 to Andrew Faneuil, 1710 (L. 25, f.
168), with "a stone dwelling-house" thereon, who died in 1737,
devising to Peter Faneuil, of immortal memory. On his death, in
1742, the inventory appraised his " mansion-house, garden, out-
houses, and yard, at £12,375." So that it was doubtless afine old
mansion, worthy of such an owner, and such it continued to be
during its whole subsequent occupancy by the Phillips family. In
1772 it became the property of John Vassall, who being an un-
fortunate " conspirator," the Commonwealth pocketed £2,400 by
""Mrs. Mayer's noted confectionery store was given up to other uses not long after
this date. — W.H.W.
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94 City Docubient No. 105.
selling to Isaiah Doane, 1783 (L. 141, f. 2). Wm. Phillips bought
it in 1791 (L. 169, f. 125).
These two estates, thus united in William Phillips, embrace
about the southerly two-thirds of Tremont row and all the houses
which front north' on Pemberton square. Wm, Phillips devised
these estates to his son William, 1804, who died in 1827, devising
them to his son Jonathan ; they, at this latter date, being appraised
at $90,000. They were sold to Patrick T. Jackson, in 1835, for
$115,000. He paid for the Greene estate $160,000 ; for the Lloyd
or Jekyll estate, $42,000 ; for the Bordman estate, on Somerset
street, $20,000 ; for the Bartlett or Lawrence estate, on Somerset
street, $34,205. These different purchases, with the expenses of
grading, etc., must have exceeded $400,000, — a speculation at that
time of unexampled magnitude. TFe, however^ have lived to see a
single individual (President Quincy), at the advanced age of more
than 80 years, undertake with characteristic energy, and carry
through to a most successful conclusion, a private enterprise, in
which, however, he engaged solely from the most public-spirited
motives, which involved at the outset, as the first cost of the land,
an expenditure of $561,000, upon which land he has erected
various elegant warehouses, thus far surpassing all the associated
enterprises of the capitalists who, through the agency of Mr. Jack-
son, bought and laid out Pemberton square.'*
Gleaner.
•* The reference is to Josiah Quincy, the earlier mayor of the name. He was the
originator of the plan hy which the great market was built, and the city became the
owner of a wharf at the end thereof. When it was decided to sell this wharf, Mr. Quincy
remonstrated ineffectually. He believed in its pixMspective value, and most unexpectedly,
as he said, he became its purchaser at auction, tempted thereto by the low price. He
offered it back to the city at cost the next day, but the offer was declined. It is believed
that the profit proved equal to his expectations. Mayor Quincy died July 1, 1864, aged
92 years. — W.H.W.
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^Gleaner" Articles. 95
xxxin.
THE HOUSES OF REV. JOHN OXENBRIDGE AND
ELDER JAMES PENN.
August 24y 1856.
Mr. Editor: — Leaving the homestead of Peter Faneuil, on
which every Bostonian must look with interest, we come next to
the Pavilion and the Albion, or the estates at the corner of Tre-
mont row and Beacon street. John Coggan, in 1658, died seized
of an orchard in Tremont street, measuring 76 feet in front, 69 feet
8 inches in the rear, bounded north on Richard Bellingham or
Faneuil 322 feet, and south on James Penn^Jhe ruling elder. [It
is under this will that HaiTard College acquired a tract of marsh
in Chelsea, known as Coggan's marsh for 175 years, and finall}'
sold, I believe, to Dr. Edward H. Robbins] In his inventory
this orchard is appraised at £30. Coggan's executrix sold to
Joshua Scotto, 1659 (L. 3, f . 347), and he to Col. Samuel Shrimp-
ton, 1670 (L. 6, f. 214). Shpmpton owned Noddle's island. He
and his wife, Elizabeth, conveyed to John Oxenbridge, 1671 (L. 6,
f. 275), *' all that orchard and garden which I lately bought of Mr.
Scotto, and which he bought of Mr. Coggan's executrix, with a
dwelling-house thereon, built by said Scotto^ bounded on James
Penn south, Richard Bellingham north, James Davis west, and the
street east, containing half an acre (with a gore of land bought of
Elder Penn by said Scott) ." After a deed and reconveyance, 1672,
1673 (L. 7, f. 334; L. 8, f. 238), Rev. John Oxenbridge, pastor
of the First Church, died seized, and by will proved, January 9,
1674, devised to his daughter Bathshua, wife of Richard Scott,
and on certain contingencies to the First Church.
The inventory values this dwelling-house, orchard, and garden,
at £550. Another daughter, Theodora, married Peter Thacher.
Humphrey Davy, as attorney of Scott and wife, conveyed to said
Peter, 1683 (L. 12, f. 356), and certain children of said Peter re-
lease to him, 1706-7 (L. 34, f. 218), as bounded east on the back
street leading from Prison lane to the Common. In 1707 it was
conveyed to Samuel Myles (L. 24, f. 98), who sold to George
Cradock, 1728 (L. 42, f. 284), and he to John Jeffries, 1733 (L.
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96 City Document No. 105.
47, f. 302)9 who devised the same in tail to Dr. John Jeffries, son
of David Jeffries, under whom the title came to Samuel Eliot. Dr.
Jeffries, besides his more substantial professional reputation, ac-
quired much celebrity by ascending in a balloon. This tract came
within a very few feet of Somerset street, and embraced the
Pavilion Hotel and the court and hall adjoining and behind it ;
also the rear moiety of John L. Gardner's estate on Beacon street,
and most of the rear moiety of the club-house estate adjoining.
James Penn, the ruling elder, owned, at least as early as 1658,
the corner lot, measuring 70 feet on Tremont street, and bounded
south on Beacon street. The west boundary was on James Davis.
Now the fee of Somerset street and land west of it, and also a small
gore east of it, are conveyed, in 1677, by Mrs. Davis, to her son-
in-law, John Wing, as bounded east in part on Davie, i.e., the
Phillips estate, and in part on James Allen. James Penn, by will
dated in 1671, devised to said Allen "an enlargement of his
ground to the pear tree,'* so that Allen must have acquired part of
Penn's land before that date. Penn devised to his kinsman, Col.
Penn Townsend, his *' dwelling-house and land," extending from
Tremont street 150 feet on Beacon street, to Allen's land. Town-
send's executor sells, 1750, to Samuel Sturgis (L. 84, f. 8), and
after passing through John Erving, Jr., Gilbert Deblois, Nathaniel
Coffin, and John Amory, the premises came to Samuel Eliot, and
were for many years his well-known mansion-house estate. It em-
braced the Albion and the block of briqk houses west of it. The
deed to Sturgis bounds south on the lane leading to the Almshouse,
Rather an humble original designation, by the way, for what is now
the first street in Boston ! ^*
Kev. James Allen, by his deed of settlement, in 1706, and bis
will in 1710, so often referred to, vests in his son Jeremiah '**all that
mansion-house and land wherein I now dwell, bounded south on
the stieet leading towards the Conmion, east on Penn Townsend
and on Peter Thacher, north on said Thacher, and west on Thomp-
son." On J eremiah's death, in 1 741 , the same was settled by indent-
ure, in 1747, on his son Jeremiah (L. 77, f. 79), who died in 1755,
leaving several children. Among them were James (on whom it was
settled in 1784 as " e stone house and land belonging to it, situate in
street, £550 — Prob. Records, 83, f. 551), and Jeremiah,
^ The Almshouse was on the comer of Park street and Beacon street, the latter being
of course the " lane leading to " it. The Granary occupied nearly the whole side of
Park street, and the town lot butting on the graveyard I'eached as far as the Athensevm
lot.— W.H.W.
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•* Gleaner" Abtioles. 97
well-^own as high sheriff of the county, who bought the same of
his brother, 1789, 133 feet on Beacon street (Suffolk, 193, f. 142).
Sheriff Allen died in 1809, and the celebrated law case, '^ Exparte
Allen ** (as to period of time within which courts will grant license
to sell real estate of deceased persons), had its origin in this
locality. This stone house was a very remarkable edifice in its
day. It embraced the front land of Mr. Gardner's house and of
the clnb-house.
The late David Hinkley, in 1810, became purchaser of all this
Allen land, excluding a gore sold off to Mr. Eliot, and including
the rear lands which had been bought of Eliot. He tore down the
stone house, purchased new stone, imported glass, etc. But the
war coming on, an entire stop was for a time put to his arrange-
ments for building. After the war he proceeded to erect the present
double stone mansion. Having charged on his books $100,000, he
carried the remaining items of their cost to profit and loss. It was
conjectured that each house and land cost him not less than $75,000.
The easterly of these houses was sold in 1820, for $40,000 ; in
1827, for $30,500, and in 1828, for $29,000, at which price it was
purchased by Joseph Peabody, Esq., of Salem, as a residence for
Mrs. Gardner.
The westerly house was occupied by Mr. Hinkley during life, and
afterwards was owned and occupied by the late Benjamin W.
Crowninshield until his death, when it became the club-house, so
well known to "Young America" for its elegant appointments ;
or, as deserted wives sitting at home might prefer to call them, its
seductive oMractions,^^
Often as I walk along Tremont row, the din of travel is hushed,
the gay and bustling throng disappears ; I am again among the
days of old, in that quiet " back streete leading from Prison lane,"
which meets the '' lane that leads to the almshouse." On the one
side of me are those beautiful enclosures of orchard and garden —
the homes of Cotton^ Davenportj Oxenhridge^ and Penn ; while, on
the other side (then as now) , I behold the silent burial-place where
those three faithful pastors were at last laid side by side together.
There was not then a lovelier spot within tiie limits of Boston.
There is not one more hallowed by the memories of those who, in
their day and generation, were its noblest citizens. Gleaner.
^ Since then, as is well known, this club-house has been sold, and is now the head-
quarters of a flourishing religious association. The Somerset club, with an enlarged
list of members, has obtained another and equally famous " stone house," the former
residence of Hon. David Sears, on Beacon street. — W. H. W.
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98 City Document No, 105.
P.S. — In meeting again the Thacher family, I would remark,
that in a late article'*' I suggested that Mrs. Margaret Thacher,
buried in King's Chapel burjing-ground, in 1693, appeared by a
deed in 1708, to be a tenant of a lot " one rodd square," on Copps
hill. My friend George M. Thacher, Esq., disturbed at the idea
that this lady had such a troubled conscience as not to have lain
quietly in her grave, at my suggestion examined the deed referred
to, and finds there, Mary instead of Margaret. This mistake of
transcribing must have been from the fact that my mind reverted
to one who was a distinguished person in her day, thus slighting
another as to whom I was, and am "a know-nothing." Like
General Jackson, I honestly assumed the responsibility of removing
the deposits. Events proved him to have been in the right, and me
to be in the wrong. G.
^^AnU, p. 45.— W. H. W.
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"Gleaner" Articles. 99
XXXIV,
JAMES DAVIS'S OR MAJOR THOMPSON'S TWO-ACRE
PASTURE.
August 25, 1855.
Mr. Editor : — Tearing myself away reluctantly from the club
house, we will walk into James Davis's two-acre pasture, adjoining.
We find that Johannah Davis, his widow, conveyed to her son,
John Wing, 1677 (Suff., 10, f. 218), '' all that parcel of ground,
containing two acres, near Century hill, bounded west on John
Fairweather, north on land late in the tenure of Mr. Cotton, or his
assigns, east on Mr. Humphrie Davie and Mr. James Allen (i.e.,
the club-house» etc.) . This pasture was of a most peculiar triangular
shape. Its front on Beacon street was only 13 J feet. The west
line was 279 feet, and in the rear it widened to 295 feet. It ex-
tended back within two or three feet of Ashburton place. This
north line reached 163 feet east of Somerset street, and yet
Somerset street, as now laid out, actually cuts off half of what little
front the pasture originally had, leaving only a width of 5 feet on
Beacon street, west of Somerset street.
John Wing mortgaged the same (with other lands) to John
Richards, who is knovm as the worshipful John Richards^ perhaps
because he was Treasurer of Harvard College. This mortgage was
made to him in 1677, as attorney of Major Robert Thompson
(Suff., 10, f. 219). Thus we get at once among the " Upper Ten."
Major Robert Thompson always resided in England. It appears
that he had a son Joseph, of Hackney, who had a son Joseph, of the
Inner Temple, London, who was ancestor of William Thompson,
of Eltsham. These lands, with various others ^^ of great value, seem
to have been entailed by the "major," and to have been so inherited
for eighty years. In 1758, proceedings were had to bar the entail
(L. 93, f. 125), and the various estates were then conveyed in fee
simple. This pasture was purchased by Joseph Sherburne, in 1759
** Among these lands wei*e the Thompson fann, in Chelsea, and the building
called " Boston Building, " or, later, " Brazer's Building, " on State street. See the
Old State-House Memorial, page 25. — W. H. W.
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100 City Document No. 105.
(Suff., 93, f. 193), who sold off a gore to William Vassall (the
predecessor of Mr. Greene), in 1768 (L. 118, f. 170). After his
decease the premises became the property of Jerathmiel Bowers,
who, d3'ing in Bristol County, transmitted the same to his son John
Bowers. We have before seen that John Bowers bought all the
lands north of Mr. Cotton's, and he thus acquired all the lands
south of Mr. Cotton's and opened Somerset street through his
estates, both from Howard and from Beacon streets, the street
being extended by the town across Jeffrey's or Cotton's intervening
land.
Under this title are derived the two estates on the east side of
Somerset street, which were included in the Pemberton square
speculation, also a triangular gore of the club-house estate, while
on the west side of the street it includes most of the Church estate,
and of the houses on Ashburton place north of it, and also a narrow
portion of the houses south of it. Of the two lots east of Somerset
street, the southerly one, 120 feet 8 inches wide, is traced through
Bowers and Dr. Thomas Bartlett, to John Hubbard, in 1817, and
from him, in 1834, to Abbott Lawrence, who conveyed to Patrick T.
Jackson . The north lot, 50 feet wide on the street, is traced through
Bowers, Isaac Rand, Jr., James Lloyd, Jr., Asa Hammond, and
Robert Turner, to William H. Bordman, in 1814, who died seized
in 1826, and whose heirs conveyed to Mr. Jackson in 1835. This
house is doubtless well remembered by many besides myself, as
the scene of the agreeable weekly receptions of our accomplished
townswoman, Mrs. H. G. Otis.
Through the southerly of these two lots is laid out the present
outlet from Pemberton square into Somerset street, the portion
south of that avenue being purchased by the late Mr. Crowninshield,
as an addition to his estate on Beacon street.
Mr. Jackson became also the purchaser of the rear part of the
lands at the north end of Pemberton square, on which he erected a
large and elegant dwelling-house, for his own occupation, now be-
longing to John A. Lowell, Esq.'® The view from the north win-
dows of this mansion is, I think, the finest in the city. Mr. Jackson
after this sale resided in a much smaller house on the east side of
the square, and at his death owned and occupied that on the west •
side, now belonging to Joseph Coolidge, Esq.
Sixty-eight first-class brick dwelling-houses and stores were
erected on Pemberton square and the streets adjoining, and thus
^ This house was tarned into offices some ten years ago, and in 1882 was leased by
the city to be occupied as the head-quarters of the Police Department. — W. H. W.
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''Gleaner" Articles.
101
the taxable property of the city was gieatly increased. We have
g6t the " almighty dollar" instead of a natural eminence with its
terraces or " hangings " (as they are called in the deeds), which,
like the Boston Common, was a daily gratification to our
citizens, and on which strangers stopped to gaze with admiration
and delight.
Mr. Lawrence was one of Mr. Jackson's associates in this enter-
prise. And, in bidding a final adieu to this locality, I cannot for-
bear to acknowledge my deep professional indebtedness to the early
and long-continued patronage of them both. And among the
dearest treasures of memory will be the consciousness that I have
always enjoyed the personal friendship alike of him who was
so suddenly withdrawn from us, in the midst of his usefulness,
several years since, and of him upon whom the grave has just
closed amid the regrets of our community and of the nation.
Gleaner.
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102 City Document No. 105.
XXXV.
HAD MADAM HALEY A DAUGHTER?
August 27, 1855.
Mr. Editor : — My friend " Sigma " caught me tripping a day
or two since, in the opinion that Patrick Jeffrey was a brother of
the Scotch Reviewer, and he proceeded to narrate so beantiful an
episode of the filial conduct of a daughter of Mrs. Jeffrey (by her
first husband, Alderman Haley), that I felt really glad of my mis-
take. There is a little maxim, however, very much acted upon in
life, called " Tit for tat," and I must confess that I take no slight
satisfaction, malicious though it be, in disclosing some important
inaccuracies in the story which he has told so well.
Dr. Samuel Brown, who received a prize for an essay on yellow
fever in 1799 or 1800, did not marry a daughter of Mrs. Patrick
Jeffrey. He married Nancy Jeffiries, the daughter of Dr. John
Jeffries^ by a first marriage. This marriage was opposed indeed,
not^ however, by Madam Haley, or Mrs. Jeffrey, but by the bride's
step-mother, Mrs. Jeffries. Dr. Brown and his wife did not go to
Eugland, and of course he did not get into successful practice in
London. On the contrary, being afflicted with what was called a
fever sore, his leg was amputated a few years after his marriage, and
the operation proved fatal in a short time. His beautiful but unfor-
tunate wife did not long survive him. They left two daughters,
who were adopted by Mrs. Stone, of Windsor, Vermont, a sister
of Dr. Brown. In that town these two ladies still reside, the one
single, the other married. Dr. Brown was one of the earliest con-
verts to Swedenborgianism in Boston.
It is possible that Madam Haley had a daughter who married
some other "Brown," and that they behaved in the exemplary
manner so touchingly described by "Sigma." His anecdote is too
good not to be true.* Glbaneb.
•"TIT FOR TAT."
August 29, 1866.
Mt Dear '* Gleaneb " : — This is all veiy fine. But there is another saying, which
hoth of us might well wear for a phylacteiy — " ratna* horns \f I die for it" The tenor
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"Gleaner" Articles. 103
of your brief notice would lead one to suppose that / also had a ** malicious satisflac-
tion " in having ** caught " you " tripping." Not at all. You were desirous of being
historically accurate; and I supposed you would be pleased to be set right, even in a
matter of trivial importance, and, in return for my kindness, you avow that you have
a " malichua cat^faction " in pointing out the errors of my stoiy ! Well, I do believe
the devil is in everybody.
Now, dear *< Gleaner," it is cruel of you to interfere with me, when I tiy to be
pathetic, who never interfere with you, when you labor so very hard to be facetious !
But you have spoiled my stoiy ; and you know, I dare say, how much easier it is to
mar an interesting tale than to make one.
In the outset I stated, very courteously, that you were mistaken in your " opinion **
that Patrick JefErey was the brother of the Scotch reviewer. You admitted your error ;
but, by way of rams' horns, appended the remark, that you only stated as your " belitf,**
Subtle this, rather, — your " belitf" but not your " opinion "I
Now, what have I done ? I have put nothing forth as ** Historical" I have recited ^
a narrative which I heard many yeai's ago ; which I certainly believed to be true, and
of which I simply said I supposed it might he relied on. If you are right in your state-
ments, and I dare say you are, the combinations of my tale clearly resemble some which '
may be found on the pages of heathen mythology ; and aU I can say is, that, since you
own that you have enjoyed so much *' malicious sati^action " in breaking it up, you
are welcome to the pieces.
In another article of yours, my dear " Gleaner," you allude to a slight mistake
which you made between the names of Mary and Margaret, 1 was reminded, by this
misnomer, of an inscription which I read, in 1840, upon a marble monument, in Nor-
folk, Virginia. It was rather an expensive concern, and erected over the grave of the
wife of Captain Kennedy, of the United States Navy. After stating the name, age,
relation, time of departure, ete., of the deceased, at the bottom were the words,
** Erratum, for Margaret read Martha" I am not quite sure as to both of these names,
but well remember the erratum, the fii'st I fkncy, that ever figured, eo nominCy on a
gravestone.
Yours truly,
Sigma*
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104 CiTT Document No. 105.
XXXVI.
EGBERT TURNER'S GREAT PASTURE ON BEACON
STREET AND HILL.
August 28, 1855,
Mb. Editor : — Leaving " Major " Thompson's triangular past-
ure, we come upon an extremely large estate of Robert Turner,
which must have extended on Beacon street from a point five feet
west of Somerset street to and behind the State-House land, to a
point 19 feet east of Hancock street. In tracing the Cambridge
street pastures of Middlecott, etc., we find that they bound south
on Turner.
William Pell, in 1655, sells to Robert Turner (Suff., L. 2, f. 154)
Ij- acres of land between said , Robert's land east, said Robert's
land and land of Thomas Millard south, Jabez Heaton west, and
Jeremiah Houchin north. [Houchin owned Middlecott's pasture,
through the centre of which runs Bowdoin street.] Jabez Heaton,
in 1655, sells to said Turner (Suffolk, L. 2, f .153) 1^ acres in Centery
Hill, between the land of said Robert east and south, the land of
Millard south, the land of Edward Hutchinson, Senior, west, the
land of Joshua Scottow north, and Jeremiah Houchin north.
[Scottow owned the pasture east of Hancock street.] John
Leverett, in 1663, conveys to said Turner (Suffolk, L. 9, f, 308) one
acre of land in the new field bounded on land late of Nathaniel
Eaton east, on Thomas Millard south, on Bos worth west, and on
Scotto north. Nathaniel Eaton married Elizabeth, widow of Wil-
liam Pell. [Bosworth owned 5 acres, the easterly moiety of which,
extending from 77 feet west of Belknap street to 19 feet east of
Hancock street, he sold to Cooke.]
We thus get four acres into Robert Turner, the deed in 1658
bounded in part on land already his. The other southerly abutter,
named in the foregoing deeds, Thomas Millard, is the source of
title to the State House and land west of it, so that the land already
Robert Turner's must have been the whole front part of the land
on Beacon street to the State House. It is, therefore, not
unlikely that Turner may have owned in all as much as eight
acres.
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'^Gleanbb'* Abtioles. 105
He died in 1664, and his will contains various devises to his
children. To Joseph he gives a parcel of ground on the Century
Hill, to be in breadth at the front 3 rods, and lie next to my son
John's division, and to run through up to Mr. Houchin's (i.e.,
Middlecott pasture). Also to my son Fairweather a house and
land on Centurie Hill, " formerly delivered into his possession" ;
also a strip of ground about 3 rods in breadth adjoining to Mr.
Lyne's (i.e., Lynde or Bulfinch's pasture).
My will is that Ephraim shall have a share at Center HiU next
to my son Fayerweather, to be 4 rods broad at the (groat?) and
run through with other divisions. Also to John he gives " a por-
tion next to Ephraim's 3 rods broad equal to Joseph's." He then
gives certain legacies to be paid out of the rents or sales of the
Center Hill and other lands. The inventory mentions the house
confirmed to Fairweather and land, £200. The new frame and all
the land at Century Hill, £200.
Penelope, executrix of Robert Turner, in 1666, conveyed to said
Ephraim (Lib. 5, f . 188) f of an acre, bounded south-easterly on the
highway to the Common (i.e., Beacon street), north-west on Jere-
miah Houchin (i.e. , Middlecott pasture) , north-east on said Ephraim^
south-west on John Turner. She also conveyed to said Ephraim^ in
1667 (Lib. 5, f . 40) , another | of an acre, bounded south-easterly on
the highway to the Training place (i.e.. Beacon street), south-west
[north-west] on said Houchin, and on Joshua Scottow [who owned
the 4-acre pasture west of Middlecott' s], north-east on said
Ephraim, south-west on Joseph Turner. In this deed are recited
the devises in the will of her husband, and it is stated that this
conveyance is an enlargement of Ephraim's portion, and that the
alterations made by her deeds to the children were such as tended
to the satisfaction of all the brethren. [Her deeds, numerous and
complicated as they are, have certainly not proved eqilally satisfac-
tory to posterity.] She conveyed to her son Joseph^ 1670 (Lib. 6,
f . 200) , all that division that lyeth next the hill, as now divided ;
bounded with the Common, south, 5 rods and 6 feet ; on John Tur-
ner, 31 rods and 5^ feet ; on Jere. Houchin's pasture, north, 4 rods
and 3 feet, and on said John Turner, east, 29 j^ rods and 3 feet,
with a new dwelling-house on it — and said Joseph conveyed to said
John, 1671 (Lib. 7, f. 313), about half an acre, bounded north on
Houchin, deceased ; south on my land, bordering on Centery hill,
west, and on said John, east. Said Penelope conveyed to said
John, 1670 (Lib. 6, f. 206), 2 acres of land at Centre hill, bounded
on Joseph Turner, east ; on Richard Cook, west [i.e., a line 19 feet
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106 City Document No. 105.
east of Hancock street], Joshua Scottow, north, and Thomas
Millard, south, with a parcel of land ^ a rod broad and 30 rods
long, boanded east on said John, west on said Joseph, north on
Scottow, south on the Common, bordering also on the highway going
up to the top oftlie hiU^ on the top of which hill lyeth a parcel of land
belonging to the town of Boston^ t.e., 6 rods square, Ephraim Tiir-
ner conveyed to John FairweaJther^ 1681 (Lib. 13, f. 450), all my
parcels of land at Beacon Hill, between the land of said Fairweather
and my brother John Turner.
The result is, that John Fairweather, by devise and conveyances,
gets some large portions of this estate, the easterly of which
measured, as we shall find, about 260 feet on Beacon street, by 490
feet in depth.
In conclusion, I feel that I owe an apology for the unrelieved
dulness of this article, and trust that my next may prove more
lively and interesting. In the meanwhile, as an antidote, buy and
read " Sidney Smith's Life."
Glbanxb.
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''Glbanee'' Articles. 107
OUR GREAT MEN OF 100 YEARS AGO.
XXXVII.
August 30, 1855,
Mb. Editor : — In my last article we lekve in John Fayerweather
(1664-1681), among other lots of his deceased father-in-law, Rob-
ert Turner, a tract of 260 feet on Beacon street, located 5 feet west
of Somerset street. We have seen that immediately east of that
street David Hinckley erected a costly double stone mansion, both
parts of which have always been occupied by some of our wealthiest
citizens. In the easterly one, Benjamin Wiggin, brother of the
London banker, Timothy Wiggin, resided for several years. His
wife (Miss Fowle, of Watertown) , was the most beautiful woman
of her day. It was in her honor that Robert Treat Paine, the poet,
offered the sentiment, " The fair of other towns, the Fowle of
Watertown." The estates west of Somerset street we shall find to
have belonged to other citizens of the very highest consideration.
John Fayerweather conveyed, in 1703, the westerly pai-t of his
land to Jonathan Pollard (L. 21, f. 251), ^' a lot bounded south on
the highway to the Common 135 feet, west on Gamaliel Rogers
(who had succeeded John Turner), 490 feet 8 inches, north on
Middlecott and Lj^nde 161 feet, east on Sewall (i.e.. Cotton Hill
estate), 119 feet, south on my homestead, 73 feet, east on the same
to the highway." Pollard, in 1709 (L. 24, f . 258) , sold the same to
Samuel Lynde (who thus owned through from Cambridge street to
Beacon street). Lynde, retaining a portion in the rear as an en-
largement of his, afterwards Bulfinch's, pasture, conveyed the
residue to John Barnes in 1721 (L. 35, f. 189). After various
deeds and reconveyances, Barnes died seized in 1739, and, in 1746,
his executors conveyed to William James (L. 72, f. 22). In 1756,
it was conveyed by Hon. John Erving to James Bowdoin. Both
the grantor and grantee were at the very head of the aristocracy of
Boston 100 years ago. Bowdoin also acquired of Bulfinch a gore
of land in the rear.
John Fayerweather died in 1712, seized of the easterly part of
his land, 124 feet wide on Beacon street, by about 300 feet deep ;
appraised at £230. The easterly moiety, 62 feet on Beacon street
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108 City Document No. 105.
became vested in William Holbertoa and wife, 1712-1727, whose
heirs in 1740 convey to Benjamin Green (L. 62, f. 42). It became
the property of Joseph Sherburne 1745 (L. 74, f . 143) . Sherburne
owned the two-acre pasture east of it, to which this purchase formed
an addition, giving him in all 67 feet on Beacon street* The title
is derived from him through Jerathmeel Bowers and his son John,
to David Sears, 1803, and, having been for many years his man-
sion-house estate, is now covered by two elegant and costly brick
dwelling-houses, erected by his son and heir, Hon. David Sears,
80 well-known as one of our most wealthy and public-spirited
citizens/^
The westerly moiety (62 feet on Beacon street) wW conveyed to
Samuel Sewall, in 1731 (L. 46, f. 7), who faUed in 1742, when it
became ihe property of Edward BromOeid (L. 65, f. 164), whose
executors, in 1763, conveyed the same to William Phillips (L. 99,
f. 210). He died seized, in 1804, devising to his son William, on
whose death, in 1827, it became the property of a grandson. It is
under this title that the Freeman Place Chapel and the two houses
in front of it are held. All these successive owners have been
among the first families in our city*
The Bowdoin estate is one of great interest and importance, and
will be hereafter separately noticed. The houses of Lieut. Gov-
ernor Phillips and of Governor Bowdoin were both placed back
from the street, being approached by a high flight of stone steps.
At a dinner party once given by the latter a rain occurred, and the
weather becoming cold the steps were found to be entirely covered
with ice. Under any circumstances there would have been almost
a certainty that life or limb would be put in Jeopardy by an attempt
to walk dovm; and the guests had probably done justice to the
generous wines of their host, — a circumstance which tended to in-
crease the difficulty. At last they all concluded to sU dourrv oo the
upper step, and so hitch along from-step to step in a perfectly safe^
though, it must be confessed, in a somewhat ungraceful manner.
Probably, indeed, there never was an occasion where so many of
our first citizens voluntarily took such low seats ; or where the
dignity of small clothes, silk stockings, and cocked hats was
sacrificed to necessity or expediency in a more amusing manner.
Glbakbb.
^Hon. David Sears died January 14, 1871| aged 83 years.
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** Gleaner" Abtioles. 109
xxxvin,
THE NICETIES OF LAW.
Augiist 31, 1855.
Mr. Editor : — In this country, when a very complicated affahr
is spoken of, it is said that " it would puzzle a Philadelphia lawyer."
I am inclined, however, to doubt the justice of the compliment —
if it be one — which is here implied. In sound legal attainments
and 6xact logical acumen the late Jeremiah Mason has, I think,
never been surpassed. And when professional chicanery was to be
resisted, no one could wield more effectually than he, in the cause
of truth and justice, the most subtle contrivances of the law. We
learn that in the middle ages schoolmen debated whether two or
more spirits could stand on the point of a needle. The affirmative
of this proposition is abundantly proved everyday among us, as a
practical matter, in legal decisions respecting our estates and
property. In a recent article I alluded to two adjudications, both
of them good law ; one that if a line runs by Mr. A's wharf, and
thence to low-water mark, it must be straight throughout, because
no change of course is indicated. In the other, a line running by
Mr, A's wharf and flats to low-water mark was held not to be a
straight line, although one express course was prescribed through-
out its whole extent.
In 5 Pickering's reports, 528, Haydeni;«. Stoughton, it was
decided, under a will proved in 1806, that a devise to a town for
the pur]:>ose of building a school-house was a devise on condition
that the estate vested accordingly in the town, and that on a sub-
sequent breach of condition the estate passed to the residuary
devisee^ and not to the heir, there being an interest in the testator
not specifically devised, depending on the performance or non-
performance of the condition. The Court adopt as good law an
English decision of Chief Justice Willes, confirmed in a subsequent
case of Doe vs. Scott, and they thus state the rule, viz. : ^^That
if the testator has not given away aU his interest m the land, so
that if he were to die immediately, something would remain undis-
posed of, it is to be presumed that he intended to give the remainder
in such lands to the residuary devisee." And Judge Putnam says :
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110 City Document No. 105.
'^ It is clear that the testator did not dispose of his whole interest
to the inhabitants. The inhabitants might not choose to perform
the condition, and so might forfeit their interest. The testator
might have limited over that interest specially, i.e., he might have
made a further specific devise of it to some one else on breach of
condition. If he had done so there can be no doubt that it would
have been a good limitation of his remaining interest. He made
no limitation over. The inhabitants became seized of the fee-
simple conditional, and the (xyntingent interest not otherwise dis-
posed of was disposed of by the residuary clause."
In 21 Pick. Rep., 215, Austin vs. Cambridgeport, a testator
had by deed granted an estate on condition that it should always be
used for church purposes, and then died, and by will, proved in
1819, devised one-fouith of all his remaining estate to his widow.
A breach of condition occurred in 1833. She sued and recovered
the estate thus devised to her. The Court cite with approval this
earlier case, and remark that the right of the testator was ^' a con-
tingent possible estate." They then add : ^' That such an interest
is devisable in England, seems well established by the case of Jones
vs, Boe, 3 T. R., and the cases there cited. Chancellor Kent
states the rule to be that all contingent possible estates are devis-
able," etc. And accordingly they say: " It is a contingent
interest in the testator, not disposed of by any other part of the
will, and therefore falls within the residuary clause disposing of all
the estate not before devised."
But in the Brattle-street parsonage case, just decided, Mrs. Lydia
Hancock, by will proved in 1777, devises her mansion-house estate
on condition that it should always be occupied as a parsonage. On
breach of such condition she directs that it shall " revert to her
estate^** and proceeds specially to devise the same over to Governor
Hancock, and also makes him her general residuary devisee. To
me this case appears (to use an elegant expression) to run on all
fours with those above alluded to, yet the Court decide (as elabo-
rately reported in the newspapers) , that such a devise over is too
remote, and therefore void in law; that nothing passes to such
devisee, and that such limitation over being too remote and void,
carries the condition with it, and thus the church gets the absolute
title /ree ofatl condition. How these decisions can stand together
is to me inexplicable, unless they had been put upon the special
construction of the particular statutes of devises in force at the
different periods, when the testator died, which seems to be ex-
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** Gleaner** Abtigles. Ill
pressly negatived by the approving quotations of the general
doctrines of the English law and of Chancellor Kent.
Further, there is a legal maxim, that ^' surplusage does not
vitiate " ; and another that the law aims rather to preserve than
destroy, and acts on the Latin adage ^^tU magis vcUeat quam
pereat." Now, observe how beautiful an application of these rules
is made in this last decision I A testator makes a devise which is
void or a nullity. The rule respecting surplusage would, at least,
one would suppose, prevent its having any noxious effect. But not
so. Had the testator not undertaken to make this void devise, his
heir-at-law would have an unquestionable right to recover the estate
on breach of condition ; but the mere nugatory attempt to devise it
away from the heir-at-law is construed not so as to preserve his
right, but, on the contrary, is held to destroy it. Perhaps even
the mere making of a residuary devise (unavoidable though it
seems to be) would be equally fatal. The only rule, indeed, prac-
tically iUustrated by this decision is the Scripture one, "To him
that hath shall be given." In other words, to the church to wTiom
the testatrix meant to give ordy a qualified interest, the law has given
the whole.
It is undoubtedly true that if an absolute fee-simple estate is de-
vised to one, and on a certain contingency the same estate is de-
vised to another, such executory devise over must be upon a
contingency to happen within a limited time (a life or lives in being
and 21 years, etc., after), otherwise it will be too remote and void.
On the other hand, a conditional fee-simple may be granted or
"THE NICETIES OF LAW" — AGAIN.
September 3, 1855.
Mb. Editob: — The case of fhe proprietors of the church on Brattle square tw.
Moses Grant et al,, which your correspondent, " Gleaner," favored with a notice in your
paper of last Friday, under the appellation of the " Brattle Street Parsonage Case,"
and the decision which, unfortunately, fails to receive his approval, was argued before
the Supreme Court in March, 1853. The opinion, " «as elaborately reported in the
newspapers," was printed firom the original manuscript of Judge Bigelow, and may,
therefore, be considered as authentic. The reasoning of ** Gleaner " upon the law, as
stated by him, although plausible, shows to one who understands the case that he
neither comprehends the principles of the cases on whibh he comments, nor the de-
cisions which he condemns ; but as the estate is shortly to be sold, and his public de-
nunciation of the *' opinion " may possibly have an injurious effect upon the sale, it is
proper, perhaps, to make a slight eflfort towards the reestablishment of the Supreme
Court in the good estimation of the community, now so seriously shaken by two as-
saults from " Gleaner. "
The case of the parsonage received during the two ye%rs it was under advisement
the special attention of each judge, as well as their united consideration in frequent
Digitized by LjOOQ IC
112 City Document No. 105.
devised, and whenever (<a however remote a period) the condition
is broken^ the heirs-at-law (or devisees as it Tfould seem) may re*
cover back the estate as being an interest remaining in the testator
or ancestor. Such, at least, I think, was the belief of the profes-
sion, and the doctrine of our courts, prior to the Brattle-street
parsonage case. In view of the directly opposite results arrived at
upder circumstances seemingly identical, it must be confessed that
the laws of the land, upon which our dearest rights of person and
property depend, are composed of JUametits of the most gossamer
fineness. These remarks are preliminary to some account of the
Bowdoin estate, which presented a most conspicuous legal battle-
field about a dozen years ago.
Gleaner.
consultation. There was no disagreement amongst the Court upon the final result.
Neither the Chief Justice, whose service on the Bench for more than twenty-five yeara
has so established his judicial reputation, both at home and abroad, for profound and
accurate knowledge, that neither the " highest living authori^ on estates," nor
any other authority, can shake it, nor that member of the Court whose deep knowledge
of the principles and doctrines of the common law was weU established while " Gleaner *'
was using up his gleanihgs '' to pay family expenses," nor either of the other four
able lawyers who compose the Court, and who have increased upon the bench the repu-
tation they brought with them from the bar, dissented from the principles or result of
that decision. It is, therefore, submitted to the public that the decision of the Court is
at least as likely to be correct as that pronounced against it in the article alluded to.
In many matters connected with estates the authority of *' Gleaner," it may be admit-
ted, is conclusiTe. But when a title depends upon the construction of a deed, as in
Curtis vs. Francis, or upon principles of the common law not the subject of frequent
investigations, as in the Brattle-street case, there is not much hazard of error in assum-
ing that the Supreme Court of Massachusetts may be correct in the law which they de-
clare — especially as they carry into the decision of a case no pride of opinion upon a
preconceived theory. Z.
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^6lean£b'' Abtigles. 113
XXXIX.
THE BOWDOIN ESTATE.
September 3, 1865.
Mr. Edttob : — There has never been in our city a better battle-
field for legal ingenuity than the Bowdoin estate. I have men-
tioned that John Erving, in 1756, conveyed to James Bowdoin.
In order not to facilitate too much the business of conveyancing, I
will not state where the deed is recorded. Several hours may be
profitably spent in looking for it, and several hours more will, I
think, be required for finding the deed to Mr. Erving. The deed
to Bowdoin conveyed a lot 137 feet on Beacon street, bounded
west on land late of widow Rogers, now of John Spooner, 490 feet,
etc. It also included the lower lot of Middlecott's pasture, bounded
west on Middlecott or Bowdoin street 78 feet. . Dr. Bulfinch
conveyed to Mr. Bowdoin a gore of land in 1772, for the record of
which a like long search may be instituted. The main lot was
bounded on the westerly line about 40 feet east of Bowdoin street.
Governor Bowdoin died in 1790, devising to his widow for life,
with remainder to his son, James Bowdoin, who purchased of D.
D. Rogers (1803-1807, L. 206, f. 261 ; L. 219, f. 226), two strips
of land, the north one measuring 156 feet, and the southerly one
110 feet, on Bowdoin street. After which his land bounded south
on Beacon street 177 feet 6 inches west on Bowdoin street, 110
feet north on other lots sold off by Rogers, 42 feet west on the
same, 200 feet, south on the same 40 feet 6 inches, west again on
Bowdoin street about 257 feet, north in the rear on Samuel Park-
man's estate at the southerly comer of Allston street, 90 feet 10
inches, east on Bulfinch 's pasture, and on the Phillips estate to
Beacon street. The north part of this land is the source of title
to the block of four houses on Bowdoin street.
The residue, or his mansion-house estate, he devised, in 1811, to
his nephew, James Temple Bowdoin, for life, with remainder to his
issue successively in tail-male. In 1836 conveyances were made
to bar the entail, and vest the land in said James Temple, for life,
with remainder to his son of the same name, in fee-simple. Now,
James Temple, Senr.^ was bom in London, in 1766, and subse-
quently naturalized here, and his son was bom in Rome, in 1815.
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114 Cmr Document No. 105.
I have in my yolomes copies of elaborate opinions of Mr. Justice
Jackson, of Mr. Webster, and of the late Wm. C. Aylwin, as to
the question of alienage — of entaU — of conditions of residence in
this country, annexed to the devise in tail, of the effect of the
deeds for barring the same, etc. James Bowdoin, a son of the
late Thomas L. Winthrop, died without issue. He was the next
subsequent devisee in tail before the ultimate devise to Bowdoin
College. And now came the tug of war between James Temple
Bowdoin, claiming to have barred the entaU, and the CoU^e deny-
ing his title in toto.
An array of learned counsel were employed on each side. Pos-
session was the important point, as the premises were vacant, and
accordingly one morning a wooden edifice appeared, the fairy
growth of the night, tenanted by an adequate supply of hired men
to guard its precincts. On a subsequent night it vanished as sum-
marily as it came, to the great amusement of the public, who en-
joyed the sport as they would have done a street fight between two
canine opponents, though this one was conducted with entire good-
humor and urbanity. At last a compromise was made (1843).
Joint deeds were given, the College receiving three-tenths of the
proceeds. This estate embraced six houses on Beacon street, five
on the south and four on the north side of Ashburton place, and
also the New Jerusalem Church ; and it may be remarked that resi-
dents in this neighborhood can within the distance of little more
than one hundred feet have their choice of four kinds of preaching,
— Baptist, Scotch Presbyterian, Congregationalist, and Sweden-
borgian.
Governor Bowdoin was a man of great ability and firmness, who
rendered the Commonwealth important service, under very trying
circumstances. The suppression of Shay's insurrection devolved
upon him, aud of course, in certain quarters, entailed upon him
much odium. His antagonist. Governor Hancock, was the popu-
lar idol of the day ; but posterity has, I think, rendered a more
just and discriminating verdict as to the relative merit of these two
chief magistrates. On one occasion they both appeared to advan-
tage. Governor Bowdoin offered to give his large lot at the corner
of Tremont Row and Howard street to the Brattle*street Society,
for the erection of a church. Governor Hancock, and with him a
majority of the society, decided not to accept the gift. He there-
upon subscribed £200 for rebuilding on the old site, and Governor
Hancock gave, besides a bell, the sum of £1,000 towards the same
object. Gleaneb.
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••Gleaner" Articles. 115
Xli.
"CONTEMPT OF COURT/'
September 4y 1855,
Mr. Editor: — Your correspondent *' Z" seems to regard me
as quite presuming^ in expressing a doubt of the correctness of
certain decisions of our Supreme Court. He dwells with much
emphasis on the indisputable talent and learning of its several
members, and announces the long period of time which they had
devoted to the consideration of the case alluded to. Admitting
that there is a province in which I may legitimately form and
express an opinion, that might be entitled to some weight, he yet
considers that I wholly transcend that province when I undertake to
judge whxit land is conveyed by a deed, or what title passes by a
will. I really conceive that with these two deductions there is
nothing left for a conveyancer, these being t^e two fundamental
^natters of inquiry involved in every investigation which he is
called upon to make.
I deem it the rights — aye, more than that, — the duty of every
loyal member of tlie profession fairly and candidly to criticise any
legal decision which he shall think erroneous, from however high
a tribunal it may emanate ; and although it may happen to be
founded on a deliberation of two^ or even of fifteen^ years. I cer-
tainly yield to no one in respect for the law or its ministers. As
to the Judge who delivered the opinion specially commented upon
I will say that I have always felt for him a sincere personal regard,
— that, although the j'oungest member of the Court, I think him
one of the ablest, — and that, considering the decision as emanating
for them all, I do not believe that the views arrived at could
possibly have been stated with greater legal precision, clearness,
or accuracy. It was a master-piece of technical reasoning.
In the case of Curtis vs, Francis * I conscientiously believe that
iTHE LAW AGAIN.
Mr. Editor : —" Gleaner ** informs us that he shall die in the faith that the case of
Curtis vs. Francis will be ovemiled one of these days. I will not inflict on your readers
an argument against this opinion of *^ Gleaner's." Such a discussion would be quite as
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116 »CrrY Document No. 105.
no person ever did read, or ever can read^ the deed in question with-
out the most entire and absolute conviction of the (ictual intent of
the grantor to sell, and of the grantee to buy, a tract of land in-
cluded within parallel straight lines. I believe that such is the
legal effect of the conveyance, — that (as I have said elsewhere) a
line is one line, and that a line broken off in the middle, and one
part detached fVom the other, is as impossible in the trae construc-
tion of a deed as in a proposition of Euclid. I shall die with un-
altered convictions on this point. I have, therefore, clearly and
unequivocally expressed them. This decision^ I am persuaded,
ought to 6e, and eventually will 6e, overruled. If I know my own
heart, I should have expressed the like disapproval of it had its
.
amasing, and, perhaps, as profitable, as a history of the Cambridge-street pastures. The
case has not yet been reported ; but if ** Gleaner's " own statement of the point decided
is correct, it is very apparent that he will be the solitary martyr to his faith. Why
** Gleaner " should travel so far out of his path to attack the decision in the Brattle-
street Church case was, at first, mysterious. It is no longer so.
We remember the old stoiy of a traveller down-east, who, one day, saw a child sitting
on the roadside, blubbering dver a hay-cart upset in the highway. " Why don't you
call your father instead of whimpering over your. misfortune ? *' said the traveller. ** I
would," replied the boy ; ** but the of it is, that dad is under the load."
No one doubts the right of " Gleaner," or any other competent person, '* fairly and
candidly to criticise any legal decision which he shall think erroneous " ; but sarcasm and
ridicule are unbecoming weapons to use against such a tribunal as the Supreme Court
of Massachusetts, — especially in criticising a decision where " no labored examination
of authorities *' had been made by the critic, and his knowledge of the case is, by his
own confession, exceedingly superficial.
The opinion of the late Mr. Justice Hubbard upon the will of Mrs. Hancock, to which
" Gleaner " so complacently refers, I have always been informed was not at all upon the
point of the validity or invalidity of the devise. It was only that the interest of each
heir, whatever it might be, was transferable by assignment. This information may be
erroneous ; but something better than hearsay wiU be required to prove that *' Gleaner "
is justified in boasting of so illustrious a predecessor.
It is tnie that some yeara since a bill was filed by the deacons of the church, praying
for leave to sell the parsonage estate, and that the bill was dismissed. ** Gleaner's " great
" respect for the law and its ministers " will be gratified by learning that the dismissal
of the bill was not predicated ** on a directly opposite consti*uction of the will from that
to which the same Court have now arrived," nor yet upon a mere matter of form. The
Court thought they had no authority to order a sale of the estate and a reinvestment of
the proceeds upon the same condition.
X do not and never did doubt '* Gleaner's " paramount authority upon some matters
connected with estates. But, as I said before, without denying the value of his opinions
there are other points in conveyancing, as to which, in my veiy humble judgment,
the authority of the Supreme Court, it is not impossible, may be full as great, if no^
greater than that of their critic. Certain it is that the deliberate opinion of these si^
able judges, who separately and together for two years carefhlly considered and thoT'
oughly understood this dificult and important cause, cannot be impaired in public
estimation by sneers and sarcasms, however distinguished the source whence they
proceed. In the present instance the *' vigor of the critic's bow " by no means equals
the " venom of his shaft." Z.
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Google
"Gleaner^' Articles. 117
effect been to pat into Mr. Francia's possession an estate of $50,000
instead of depriving him of it.
In relation to the Brattle-street parsonage ease I had neyer been
consulted directly or indirectly. I had merely heard that the
estate was devised on condition. I had formed no " preconceived
opinion" on the question involved, except, indeed, such as arose
from the satisfaction which I felt when I learnt how the case had
been decided. My entire sympathy and good wishes were with the
Society. Qut it seemed to me, on reading the decision, that, liko
the other case, it was founded on erroneous application of a sound
rule of law, I have made no labored examination of authorities.
I have merely referred to two prior adjudications, and presented
certain general views which happened to occur to me, as showing
the nice and shadowy distinctions known to the law of the land, I
had never conversed with any of the parties or counsel opposed to
the Society. I am now^ however, authorized to state that a written
opinion exists, in their possession, drawn up by the late Mr. Justice
Hubbard, before he became a member of the Bench, which adopts
the precise construction of this devise, at which I arrived without
knowing that ^' I was following in the footsteps of so illustrious a
predecessor." I7iat each of us should have adopted the same
^^ plausible view'* is a coincidence by which ^ I confess^ thai I feel
much gratified.
Still further. Only a few years ago a bill was brought in behalf
of the same church, for leave to sell this very land. The bill was
dismissed by a formal decree. The opinion then delivered has
never been published, and its precise grounds are unknown to me.
It would seem that it must have been on a directly opposite con-
struction of the wUl from tJiat to which tJie same Court have now
arrived^ unless it turned upon some matter of form, which can
hardly be supposed, as a Court of Equity will always allow any
amendment in matters of form which will enable them to do jus-
tice between the parties.
I had not, of course, the slightest wish or intention of prejudic-
ing the sale of the estate. I supposed that the rights of all per-
sons interested had been finally and irrevocably fixed by a decision
to which all had been made legally parties, and that the law was, at
least, well settled as to them and as to this parcel of land, as fully
as it is in a capital case after the accused has been acquitted or
executed.
Infallibility is the attribute only of the judgment-seat of God.
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118 Crnr Document No. 105.
Already there exists a large volume devoted to the enumeration of
" cases doubted and overruled."
We have no Judge Kane in this latitude. Imprisonment in the
sacred cause of human freedom, under the odious doctrine of con-
tempt of Courts — an imprisonment perpetuated by judicial etiquette
— has made the jail of Passmore Williamson the most honorable
abode in Pennsylvania. The ermine of Massachusetts has upon it
no such spot or blemish. Her judges need no champion — cer-
tainly not one who resorts to personalities. They may, indeed,
well challenge the just criticism of the world. Far distant be the
day when the}^ shall feel themselves above listening to the honest
sentiments of even the humblest citizen 1 Gleaner.
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** Gleaner" Abtioles. 119
Xlil.
CONTEMPT OF COURT.
September 6, 1855.
Mb. Editob : — In a recent article we have Been that the doctrine
of contempt of Court, when enforced by an arbitrary and unprin-
cipled Judge, is as utterly subversive of personal liberty as was the
Bastile, with its Uttres de cachet, in the w^rst days of the French
monarchy. But the subject has its comic as well as its serious
aspect.
The late Sheriff Henderson and Mr. James Allen, a descendant
of the Rev. James, were particular fHends. On a trial of great
interest Mr. A. had taken his seat within the bar, and others fol-
lowed his example, so that the Court ordered it cleared for the
convenience of the attorneys. The sheriff spoke to Mr. Allen,
and then returned to his seat. He, however, presuming on his
acquaintance with the sheriff, did not move, but began making
knowing grimaces at him, deprecating his farther interference.
Instead of treating it as a joke, the sheriff exclaimed to the Court,
" May it please Your Honor, I am insulted ! " — " How? And by
whom ? " — ' ' Mr. Allen is making up mouths at me I " — ' ' Who saw
him?"— ''I," said a bystander.— '* Mr. Clerk, swear him." The
witness was sworn, and testified accordingly. The Judge said,
" Mr. Sheriff, commit Mr. Allen for contempt of Court." He was
accordingly taken off to a lockup, which already contained two
thieves and vagabonds. They swore that he should not come in
unless he treated. He was thus mulcted with a supplementary fine,
after which he enjoyed their agreeable society till the hour came
for the adjournment of the Court, when he was brought in, placed
in the malefactor's seat, suitably reprimanded, and discharged.
He doubtless went home deeply impressed with a sense of the
majesty of the law, the vindication of which had required a resort
to these dignified proceedings. He made no more smiling grimaces,
at least for that day. In becoming a wiser, he became also a
sadder, man. Gleaneb.
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120 City Document No. 105.
Xlill.
D. D. ROGERS'S 2* ACRES.
Septemhmr 7, I85S.
Mb. Editor : — We have already seen that John Fayerweather
held and disposed of a lot 260 feet on Beacon street, and 490 feet
deep, held under his father-in-law, Robert Turner — or about 3
acres. There was still left of this Turner estate, between the
Bowdoin estate and the State-house lot, a tract measuring 190
feet on Beacon street, 490 feet on the east line, 140 feet in the
rear, and westerly 571 feet on the highway leading to the monument
and on Beacon hUl (i.e., the entrance of Mt. Vernon street) ;
the contents, according to the estimate of the deeds, being 2^
acres more, John Fayerweather, not satisfied with his other lot,
takes a portion of this also. Thus he and his wife convey to
Benjamin Alford, 1685 (L. 13, f. 329), three-fourths of an acre,
bounded south on the Common^ west on the highway leading to the
hill, north and east on John Turner. Alford's executrix for £350
conveys to her son John Alford, 1715 (L. 82, f. 94), with a slight
perversion of the points of compass, bounded east on the training-
field, south on the way leading to Beacon hill, west and north on
Gamaliel Rogers's heirs. John Alford makes a trust settlement
by way of jointure, 1718 (L. 33, f. 95). John Alford, of Charles-
town, sells to William Molineaux, 1760 (L. 95, f. 238), bounded
in front on Bacon street 100 feet, then runs north a little east 367
feet [bounded by a highway leading to Beacon Hill. — Ed.]^ then
east bounded on John Spooner 78 feet, then south to the street
342 feet [this side also bounded on Spooner. — Ed.] — a plan
being recorded. William Molineaux built a mansion-chouse, quite a
splendid one for those days, and died 1774. It was appraised at
£600.
The Commonwealth, in 1782, conveyed the same to Daniel
Dennison Rogers, as the confiscated estate of Charles Ward
Apthorp. (1782, L. 135, f. 6.) Said Charles Ward Apthorp, as
administrator of Molineaux, brought an ejectment to try title as
late as 1780, but unsuccessfully. (Suffolk, 175, f. 67.)
This land bounded both north and east on the land of John
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••Gleaner" Abtioles. 121
Turner. He died in 1681, empowering his executor to sell his
'^ house and land at the upper end of the common or training-field,
and the land at Beacon hill " ; who accordingly sold to George Monk,
1681 (L. 12, f. 114), a dwelling-house and two acres of land, at
the upper end of the Common, bounded south-east on the Conmion,
and running back to Mr. Middlecott's land, and from the corner
post of Mr. Fayerweather to Mr. Wharton's land. (Middlecott
and Wharton owned pastures on Cambridge street.)
Monk sold to Gamaliel Rogers, 1690 (L. 14, f. 403), bounded
south-east on the highway between it and the almshouse 90 feet,
then south-westerly on Ben. Alford 340 feet, south-easterly on same
76 feet, then on Col. Samuel Shrimpton 204 feet '' by a parcel of
posts on the side of Beacon hill," in the rear on Mr. Middlecott,
etc., 140 feet, and then 490 feet on Fayerweather (i.e., the
Bowdoin estate). Thus we find that as early as 1690 the alms*
house (in which our distinguished townsman, Geoi^e Ticknor, now
lives) had been built on part of the Common. Gamaliel Rogers
died 1709. His executrix sells to Ebenezer,** 1739 (L. 59, f . 139),
who conveyed to Margaret Hurst 1739 (L. 73, f. 28),
and the title passing through Joseph G^rrish, Charles Paxton, and
John Spooner, gets into Thomas Bromfield 1763 (L. 99, f. 237),
and, being subsequently traced through Barlow Trecothick and
John Tomlinson, Charles Ward Apthorp, James Ivers, this lot,
like the other, gets united in Daniel Dennison Rogers.
He laid out Bowdoin street in continuation of Middlecott street,
selling off lots fronting 200 feet on the east side of that street, and
the remaining lands north and south of those lots to James
Bowdoin, whose large ownership on that street, as we have seen,
afforded the town the opportunity of robbing Mr. Middlecott, by
changing the name of his street into Bowdoin street. The land
west of Bowdoin street was retained by Mr. Rogers. He erected
upon it the mansion-house which he continued to occupy till his
death. It is the source of title to all the block east of the State
House, and also to sundry houses toward Deme street.
One of the houses east of Bowdoin street, built on land sold by
Rogers, became the property of the late Thomas J. Eckley. It
remained vacant for very many months, no tenant being found who
would pay the rent demanded. An amusing incident happened
from this circumstance. Certain females, of something more than
«i This surname was omitted in the Transcript— The deed is to Ebenezer Wilder
of Lancaster, gen*.— W. H. W.
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122 City Dogument No. 105.
doubtful character, took poBsession in a quiet manner, without
paying any rent, and held their nightly orgies unsuspected. At
last one of their Visitors got by accident into the next adjoining
house, and so alarmed its quiet and orderly female inmates that
an explanation ensued, and the domicile which had been honored
by these temporary occupants became again vacant.
Gleaner.
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*' GlbanbrL-4btiole8. 123
ALLEGORICAL — NOT HISTORICAL.
September 9, 1855,
Me. Editor : — If my arrow, after hitting its mark (as I think
it did), glanced off and hit your correspondent (Z) I can only
say that I did not know that he was there, and assure him that he
need Jbe under no apprehension from " the venom of the shaft."
No one laughed more heartily than myself at his amusing alle-
gory. I think the following, though certainly devoid of the like
humor, is more in accordance with the facts. ' ' Father " wanted to
send a valuable load, and, like everybody else, employed Shaw &
Co.'s Express, who are known to be trusty, intelligent, and experi-
enced persons. His intention was that it should be taken to the
end of Drake's wharf, and thence over a bridge built many years ago
in the same straight line^ and communicating with the flag-staff on
Castle island. The driver thought he saw this bridge ranging in a
southerly instead of an easterly direction fix>m the end of the
wharf, and, from this mistake of m,onuments, drove overboard.
I happened to be looking on, and, instead of scolding or " blub-
bering," forthwith tried as hard as I could to rescue the goods.
But the vehicle upset about forty feet south of the wharf, and, the
wind and tide being against me, I was obliged to abandon them to
the sharks in that vicinity.
Seriously, Z doubts that Mr. Justice Hubbard ever gave a writ-
ten opinion as to the Brattle-street parsonage case adverse to the
last decision of the Court. The columns of a newspaper are not
the best vehicle for publishing such a document ; but I assert, as a
person of veracity, that this will was submitted to him for an
opinion as to what title was in the Society, and what title was in
John Hancock, and who were entitled under him to claim the es-
tate, and in what proportions, in case the condition should be
broken. His opinion occupies three closely written pages. The
result at which he arrives is, that the title of the church was on a
valid condition; that the devise over was a ^^conditional limita-
tion,'' and the right under it vested in John Hancock. He pro-
ceeds to consider the descents, deeds, and devises since his death.
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124 City Document No. 105.
and examineB their legal bearing upon the title and estate thus
given to Mr. H. The Court have decided that there is no condi-
tion legally annexed to the ownership of the Society, — that John
Hancock and those claiming under him have not, and never have had,
any title to this land. Z's position then seems to be this, — that
Mr. Hubbard did not mean to say or imply that in his opinion the
Hancock heirs had any title whatever ; but that this opinion, elabo-
rate and learned as it is, was devoted to considering in whom and
where nothing vested ; whether nothing could be lawfully conveyed
or devised ; whether or not Mrs. Perkins inherited one-third undi-
vided of nothing, etc. I never met with anything to beat this,
except, perhaps, a deed of a moiety of a house, where, among the
privileges granted, was an undividtd half of the right of arching
over a certain passage-way.
Further, Hon. Simon Greenleaf, in 1842, had this will submitted
to him for an opinion. His reputation as Professor of Law in
Harvard College, and as author of some of the best text-books in
the profession, obtained for him the offer of a seat on the Bench
of the Supreme Court, which, however, he declined. He too, it
would seem, saw nothing too remote in this devise to John . Han-
cock, which made it void in law ; since he also has given a
written opinion as to who will, in his judgment, be entitled to thi$
land under this will, as heirs of John Hancock, on breach of the
condition.
Z has reconciled, to his own satisfaction, the first and the last
decisions of the Court itself in regard to this estate, — their disa-
vowal, in the one case, of any jurisdiction to order a sale and re-
investment of proceeds, and tiieir exercise of such jurisdiction in
the other case. I wish he would also try his hand at reconciling
the two published decisions, to which I shall call his attention in a
few days. If he can do so I shall indeed cheerfully admit the
vigor of his bow. He is desirous to see the opinion of Mr. Hub-
bard. I am desirous to see the first opinion of the Court, about
which he seems so well informed. How happens it not to have
been pvblishedf Is there not a law that aU decisions shall be
published, and within a limited time? Did the Court feel dissatis-
fied with the decision, and intend subsequently to modify or
reverse it? Gleaner.
THE BBATTLE-STREET PABSONAGE CASE.
September 10,' 1855.
Mb. Ebitob : — ** Gleaner " having solemnly aasoTeraled that the late Mr. Justice
Hubbard did give a written opinion upon Mrs. Hancock's will, such doubtless was the
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'* Gleaner*' Abtioles. 125
fact. It would be uncoui'teoas to say that " Gleaner " cannot understand a plain propo-
sition, yet there is only one alternative by which to account for his ludicrous perversion
of what he is pleased to call my " position " in reference to this opinion. His
manifest misapprehension of a very plain statement, added to the evident fact that he
neither comprehends the Judgment which he praises so highly, nor yet the law of the
case, are not calculated to create confidence in the accuracy of his statements as to the
contents of a written opinion. There is this farther jj^eason for doubting his correctness,
viz., that Judge Hubbard sat at the hearing of Grant et al, vs. Hancock et aL, which
he would hardly hate done had he previously given, as counsel, an opinion covering
every point of controversy arising out of the will. If ** Gleaner " would substantiate
his boast of such a predecessor, let the opinion speak for itself. I, for one, have no
confidence in his account of it. ,
After all, ^ unless ** Gleaner " deems himself justified in exclaiming with Falstaff,
** The laws of England are at my command. Happy are all th^ which are my friends
and woe to my Lord Chief Justice," — it is really of no consequence whether Judge
Hubbard and Mr. Greenleaf did or did not give the opinions attributed to them. The
Supreme Court settle the law. They have made a masterly judgment in this case,
after hearing arguments and bestowing great and unusual deliberations upon the points
of it. Public confidence on the correctness of their decision is not to be shaken by the
opposite opinions of counsel, however eminent, even though indorsed by " Gleaner."
Moreover, as
None ever felt the halter draw
With good opinion of the law,
or its mimsters either, this confidence is still less likely to be diminished by the sneers
or sarcasm of one, or even of a score of unsuccessful litigants, who, under the pretence
of candid criticism, have the bad taste publicly to exhibit their vexation. Z
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126 ClTT DOOUMENT No. 105.
XLIV.
A CHALLENGE TO Z.
September 10, 1855.
Mr. Editor : — The following are the two piLblisJted decisions of
the Supreme Court to which I promised to call Z*s attention.
In the case of Tyler vs. Hammond, 11 Pick. Rep., 193, March
term, 1831, for the recovery of very valuable land in Boston, it
was decided by the Supreme Court that " where a deed of land de-
scribes it as bounding on a road, but sets forth metes and bounds
which plainly exclude the road, no part of the soil and freehold of
the road passes by the grant." Mr. Justice Wilde, in delivering a
very learned and satisfactory opinion, accordingly says : ^^If by
the terras of tJie description the road is necessarily excluded, it is
equivalent to an express declaration thaJt no part of the road is
intended to be conveyed; and it is perfectly clear thai the fee in the
road cannot pass as appurtenant to the land adjoining" The law
on this point was thus settled after the fullest advisement and con-
sideration of all opposite opinions and dicta, and, I may add,in
exact conformity with common-sense.
Twenty years pass away. This decision is acted on without the
slightest hesitation as sound law, and innumerable conveyances
are made and construed with reference to it. At last comes the
case of Newhall vs, Ireson et aZ., 8 Cushing Rep., 595, November
term, 1851, when we find the same Court deciding that ^' a deed de-
scribing the boundary line of tJie land conveyed as running northerly
a certain distance to a highway, and from thence upon the highway
passes the land to the centre of the highway, although the distance
specified by actual measurement carries the line only to the southerly
side of the highway.^' The case of Tyler vs, Hammond was referred
to in the argument. Chief Justice Shaw cited the language of the
deed under consideration as '^ running northerly 7 poles to the
country road, and from thence upon the road 22 poles to the first-
mentioned bound," and then says : " The ordinary construction of
such a deed to the highway, and from thence upon the highway, would
carry the land to the middle of the highway. Such is the established
presumption governing the construction of a deed in the absence of
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"Gleaner'' Abtigles. 12/
controlling words,'* He makes various other references, but does
not cite the case of Tyler vs. Hammond, He adverts to the fact
that the measurement only reached to the southerly side of the
road, and adds : ^^ But the Court are of opinion that this fact does
not rebuJt the strong presumption that boundary on a highway is ad
JUum vioB. The road is a monument, the thread (i.e., centre) of
the road in legal contemplation is that momim^nt or abuttaW And
accordingly the Court hold that the actual measurements of the
deed are controlled by the fact that in legal presumption it meant
to run J and did run^ to the centre of the road.
I apprehend that your correspondent Z, who thinks it hardly
allowable for third persons to differ from the Court, will be rather
embarrassed by the evidence thus afforded that, within the short
period of twenty years, the Court has differed thus totally from itself
in the enunciation of a general principle of law, constantly acted
upon in the daily transactions of the community, — and this, too,
without expressly overruling the former case, or even, indeed, al-
luding to it in the most incidental manner, or indicating the least
consciousness of introducing any new doctrine.
As the law on this subject stands by the latest decision, a
grantor selling an estate bounded south on State street will be
deemed to convey to the centre of the street, — a doctrine which,
I think, will surprise some who are in the habit of congregating in
that locality. If a grantor lays out a street through his own land,
and, meaning to retain the fee of it, sells off lots on each side
bounded north and south on the street, he will discover that he has
unwittingly parted with the fee of the street also, and may thus be
most seriously ejnbarrassed ; since if he wishes to use the same
highway as a means of access to his other lands he may find him-
self legally a trespasser on the soil where he thought himself sl pro-
prietor.
And, now, Mr. Editor, I gladly leave the barren field of legal
criticism to visit the sunny slope of Beacon hill.
Gleaner.
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128 ClTT DOOUMBNT No. 105.
XLV.
THE BEACON AND MR. THURSTON'S HOUSE.
September 11, 1855.
Mb. Editor : — As oar citizens pass along Bowdoin street they
may notice a block of three houses at the corner of Bowdoin place,
the first of which is owned and occupied by one whom we all
delight to honor, — President Quincy. Few probably are aware of
the interest which attaches to this precise locality. Among the
lots sold by D. D. Rogers, this estate, 80 feet front and rear, was
in 1802 conveyed by him to William Thurston (203, f. 86). There
have been some subsequent, but very slight, changes of boundary
between him and Mr. Rogers. This land adjoined the extreme
summit of Beacon hill. His west line was on the lot 6 rods
square, in the centre of which stood the beacon or monument
itself.
The exact location of the beacon and of the 99 feet square within
which it was erected is easily pointed out. If a person should
walk from Park street northerly into Mt. Vernon street, and con-
tinue GO feet northerly of the north line of that street (where it
takes a westerly direction) he will come to the south line of this
reserved lot of the town. In other words, the south line of 99
feet is exactly 60 feet north of Mt. Vernon street. The northerly
line is exactly 159 feet north of Mt. Vernon street. The westerly
line comes about a dozen feet inside of the reservoir and of the
houses south of it ; and the cast line coincides with the west line
of Thurston's and Rogers' land, t.e., with the east line continued
of that part of Mt. Vernon street which runs north from Beacon
street. Temple street is now laid out through this monument lot,
leaving, as above stated, a gore of about 12 feet of it west of
that sti-eet. ITie monument itself must have stood on the east side
of Temple street^ about 6 feet sotUh of a point opposite to the sovth"
east comer of the reservoir.
Mr. Thurston, in 1804, erected on his estate a house,*' from
which he could literally look down upon all his fellow-citizens. It
♦« A viow oi'thc Thurston house is one of the series of fine views of Beacon Hill in
181 1-12, Uniwn by J. R. Smith, and publisljea by George C. Smith in 1867. — W. H. W.
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*'Gleaneb" Articles* 129
stood in about the centre of his land from north to south, while it
was but two feet distant on the west from the monument lot. It
was approachable only by steps, and it was even found necessary
to hoist up all his wood, etc. In the 12th Mass. Bep., 220, is a
very celebrated law case — of Thurston vs. Hancock — from which
it appears that the defendants in 1811 dug down their land on the
west 60 feet below the original level, and the earth fell in, leaving
bare his cellar wall, etc., and rendering his house itself unsafe, so
that it had to be taken down. His damages were laid at $20,000.
The decision was, that " no action lay for the owner of the house
for damage done to the house ; but that he was entitled to an action
for damage arising from the falling of his natural soil into the pit so
dug.*' A very learned opinion was given by Judge Parker. It was
founded on the idea that Mr. T. must have known that his next
neighbors " had a right to build equally near to the line, or to dig
down the soil for any other lawful purpose " ; and that, " from the
«hape and nature of the ground, it was impossible to dig there
without causing excavations."
This opinion has always been unsatisfactory to many of the pro-
fession. The town had owned this 99 feet square on the summit
of the hill, with the SO-feet way to it, for the purpose of sustaining
a beacon, and as a spot accessible to all citizens and strangers.
It could not reasonably have been supposed thai for any sum of
money, much less that for a m^re mess of pottage^ the town could
have been induced to part with the one object that made it indis-
putably the queen of all the cities on this continent. This area on
the summit of the hill having been retained for these high public
objects, the adjoining individual owners would have held their
lands subject to the easement that this area and the way to it
should forever remain unmolested ; and, but for the suicidal act of
the town itself in selling the same, I conceive that we never could
have been deprived of this, the crowning glory and beauty of our
metropolis. Mr. Thurston was, I think, entitled to damages, and
vindictive damages too, against parties using their adjoining lands
for a purpose which neither he nor any one else could reasonably
have anticipated, — a purpose which, thongh not prompted by any
special malice against him, ought to have been regarded as indi-
cating a general malice against the whole community, ana therefore
to have been visited with the most severe punishment,
Gleanfr.
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130 CiTT Document No. 105.
XLVI.
HANGING.
September 12, 1855.
« None ever felt the halter draw
With good opinion of the law."
Me. Editor: — Your correspondent (Z), abandoning argument,
has dosed the discussion between us by the above discourteous
quotation. I will, however, use it as a text for a few remarks on
the subject of "Hanging." While John Hancock was Governor
of the Commonwealth Rachel Whall was hung in Boston for high-
way robbery. Her offence consisted in twitching from the hand
of another female a bonnet, worth perhaps 75 cents, and running
off with it. The most urgent applications for her pardon were un-
successful. I mention this not to the disparagement of the Gov-
ernor. Qe doubtless acted from a sense of duty, thinking it best
for the community that the laws of the land, — however frightfully
severe, — while they were laws, should be executed. A lad of 18 years
of age was hung in Salem for arson during the administration of
Governor Strong, similar appeals in his favor being considered and
overruled. Yet the intelligence and the humanity, alike of the
Executive and of the Council, notwithstanding the result arrived
at in both these instances, were unquestionable.
Within the same period a gentleman of this city saw a girl of
17 hung in London for stealing a silver cream-pitcher. Edward
Vaile Brown was hung in Boston for burglary committed in the
house of Captain Osias Goodwin, in Charter street, and stealing
therefrom sundry articles. I once owned a set of the old Bailey
Trials (1775, 1825), embraced in a series of perhaps 50 quarto
volumes. The earliest of these volumes contained the details of
the trial of the unfortunate Dr. Dodd, for forgery, whose touching
appeal for mercy, here recorded, was fruitlessly enforced by the
splendid eloquence of Johnson. In a later volume, long after the
commencement of the present century, eigU separate capital con-
victions are recorded as one day's job of a single tribunal, the cul-
prits being all boys and girls between the ages of ten and sixteen^
and their offences petty thefts.
One case I remember of peculiar judicial atrocity. A young
girl of 17 was indicted for stealing a roll of ribbon worth three
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'* Gleaner'^ Articles. 131
shillings. The prosecator*s testimony was to this effect: ''The
prisoner came into my shop and bought some ribbon. I saw her
secrete this piece also. I personally knew her, and was on the
most friendly and sociable terms with her. When she left the shop
I accompanied her, and offered her my arm^ which she accepted.
We chatted together. As we reached the comer of a street lead-
ing to the Bow-street office, I turned toward it. She said she
was going in another direction, and bade me good-morning; T
said to her, ^Nb ! you are going with me ! I saw you steal a piece
of my ribbon ! * She immediately implored me, for God's sake, to
overlook it, and restored to me the article. I said to her that I
bad lost many things in this way, and was resolved to make her
an example — that I was determined to have her life!" And he
got it. I can never forget how my blood boiled as I read the testi-
mony of this cold-hearted wretch. In view of the judgment of a iner-
cif ul God, far rather, it seemed to me, would I have been in the place
of that poor, frail, erring girl, even on the scaffold, than in the
place of her heartless accuser.
I rose from the perusal of these volumes horror-struck with the
continuous record of Inconceivable legal cruelty. It seemed to
me that the 70,000 hangings in the reign of Henry VIII. were
matched by an equally long list of persons condemned to be hung
in the reign of George III. Since this time much has been done
in England by Homilly, Brougham, Mackintosh, and Sydney Smith,
and as much — perhaps more — by kindred philanthropists on this
side of the Atlantic. Hanging has, indeed, become a rarity with
us ; but within ven the last year I have seen a little boy, who, for
week after week, had been tenant of a cell in our jail, for the atro-
cious offence of throwing a snow-ball at — Abby Folsora ! And
another, who, coming here from Lowell the day before, was tempted
in the morning by an open baker's cart, and snatched from it a
small roll of bread as an extempore breakfast. Their respective
fines were $2 each and costs, which they, of course, could not pay.
This circumstance gave me an edifying impression of the equaiUy of
the law, as it bears on rich and poor. I sent these two urchins on
their way rejoicing ; but others have, doubtless, taken their places
every week since.
The world has, indeed, grown wiser and better in some respects ;
but in the criminal law there is a noble battle-field of humanity
yet to bB fought and won. Gleaneb.
P. S. I am in favor of hanging everybody who places an ob«
struction on a railroad, as I would shoot a dangerous wild beast.
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132 CiTT Document No. 105.
XLvn.
THE TITLE OF BEACON HILL DERIVED FROM COWS.
September 13, 1855.
Mb. Editor : — We have disposed of of acres of Robert Turner's
land. There remain 1| acres more ^ — being Beacon Hill itself
with the monument. This lot now measures south on Mount Ver-
non street, about 284 feet ; west, by a line 19 feet east of Hancock
street, 287 feet ; northerly, in rear on narrow strips of land sepa-
rating the premises from Deme street, 244 feet ; and east, on land
of D. D. Rogers.
John Turner was one of the devisees of his father, Robert, and
had acquired portions by deeds from the executrix, etc. He, in
1673, sells to Samuel Shrimpton (8, f. 329) a small slip of land,
in breadth 23 feet front, bounded on the Common, south, and in
length 180 feet, bounded on said Samuel^ west^ and on the way
leading up from the Training-field to Gentry Hill, on the east
side, and running from the east corner in front on a north line 182
feet. This is a gore of the State-House estate, bounded east on
the highway to the monument, «.e., Mount Vernon street. John
Turner died 1681, and his executors, as we have seen, sold two
acres east of said Mount Vernon street, or the monument highway,
to George Monk, in 1681. On the same day they sold to said
Shrimpton (12, f. 353) " all that land upon and by the side of
Beacon Hill, bounded on said Shrimpton and oil Elizabeth Cooke,
widow, or Humphrey Davie and others, on several points and
quarters, reserving unto the town of Boston their privilege and
interest on the top of said hill and passage from the Common
th!ereto."
Col. Samuel Shrimpton thus acquired all Beacon Hill and a gore
of the State-House lot, the deed of said gore bounding on the resi-
due of said State-House lot, etc., already his. Besides these es-
tates and Noddle's Island, he owned the Union-bank building, and,
from that circumstance. Exchange street was for many years
known as Shrimpton's lane. He was decidedly one of the greatest
men of his day. He died, and by will, proved February 17,
1697-8, devised to his wife Elizabeth for life, the residue of his
estate, with power to dispose thereof among her relations by deed
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*' Gleaner" Article's. 133
or will. She married Simeon Stoddard ^'^ and died 1713, devising to
her grand-daughter, Elizabeth Shrimpton, various other estates for
life, remainder to her heirs in tail, etc. Her inventory appraides
'' the pasture joining to Beacon Hill, £150." [Decidedly cheap for
the State-House lot, and about two acres north of it ! ] She mar-
ried John Yeamans in 1720, and died leaving an only child, Shute
Shrimpton Yeamans, who, in 1742, becoming of age, barred the
entaU (L. 66, f. 271-372), and vested the fee in his father. The
deeds, besides mentioning the particular estates devised in tail,
included "aZ/ the lands, etc., in Boston, Rumney marsh, or else-
where, of which Mrs. Yeamans was tenant in tail by force of said
will."
John Yeamans dying, the estates became again his son's, who,
in 1752, conveyed to Thomas Hancock (81, f. 168) "a piece of
land near Beacon Hill, containing two acres, late the estate of my
great-grandfather, Samuel Shrimpton, bounded south on the Com-
mon, west on said Thomas Hancock in part, and in part on Oom-
mon land; then turns and is bounded north on Common landy then
west on Common land, then north on Common land, then east on the
street or highway leading from the Common to Beacon Hill." Now,
there were about 75,000 feet of land, or nearly two acres, in the
State-House lot, and the above description evidently proceeds on
an erroneous idea that the Common lands of the town included nearly
all Beacon Hill. But we have seen the old deed of 1670 to John
Turner, by which the town right is limited to six rods square, and
the highway leading to it. And, from the selectmen's minutes of
January 17, 1753, we find, that, on petition of Thomas Hancock, an
investigation was had of the town's rights, which were then, also,
in like manner limited to the six rods square, and the thiii;y feet
highway.
The result is that Thomas Hancock thus obtained all Beacon Hill
one hundred years ago, without paying one cent for it, and he and
those coming after him retained possession by pasturing cows
there. These ruminating animals, while quietly chewing the cud
in that splendid cattle-field (where, by the way, they must have
been the observed of all observers) , also silently eat up the inher-
itance of poor Shute Shrimpton Yeamans and his heirs. One of
these very heirs, a high officer of the Commonwealth (General
William H. Sumner), as he looked at them, year after year, from
^ For fall genealogies of the families named in this aiiicle the I'eader shomld con-
snlt Gen. Sumner's History of East Boston. — W. H. W.
Digitized by LjOOQ IC
134 City Document No. 105.
the State-House windows, was probably wholly unconscioas that
they were feeding at his expense. The language of the deed to
Hancock seeming to recognize the ownership of this hill by the
town, it became the subject of protracted litigation, in which the
inhabitants were at last defeated, and while the Hancock heirs and
the town were quarrelling for what belonged to neither of them,
the true owners were placidly looking on in a blissful state of
ignorance. • GtEANEB.
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''Gleaner" Articles. 135
XLvm.
HISTORICAL.— THOMAS HANCOCK AND HIS RICH
WIDOW.
September 14, 1855,
Mr. Editor : — In our last article we reached the extreme west-
erly end of Robert Turner's estate, or a point 19 feet east of
Hancock street. We have seen that Thomas Hancock, in 1752,
commenced his title to this spot on Beacon Hill, which was per-
fected by the grazing of cows. The will of Mr, Turner devised,
as before stated, to his sons, Ephraim, Joseph, and John, and his
son-in-law, John Fayerweather. Ephraim sold out wholly to Fay-
erweather ; and we have minuted one deed of Joseph to John Tur-
ner, bounded south on Joseph's remaining land. This residue also
seems to have been subsequently acquired by said John Turner.
Of the whole estate of the testator, the easterly 8 acres are finally
held under Fayerweather (being the Sears, Phillips, and Bowdoin
estates) . The middle 2| acres partly under him and partly under
John Turner (being the Rogers estate), while the Beacon Hill lot,
1| acres, and a respectable gore of the State-House lot (say 2
acres more) , are held exclusively under said John Turner ; so that
the entire estate of Robert Turner holds out 7| acres, or, as I sup-
posed, about 8 acres.
Sigma and I are both descended from a common ancestor, and
one, too, who lived long after Adain and Eve (Hon. John Turner,
of Salem). He was one of His Majesty's Council in Provincial
times, and altogether the great man of that '^ rural district." It is
with much regret that I confess my inability to claim also a descent
from the owner of this ver}?^ respectable pasture. In these times,
perhaps, it is some consolation that he was a vintner. Our ances-
tor I apprehend to have been a " shoomaker," Robert Turner, who,
by the way, owned a very pretty real estate on the west side of
Washington street, a little north of Court street, part of which
was the Simpkins estate, now belonging to Mrs. Bangs. This
" shoomaker," by his will, seems to have been on very friendly
terms with his neighbor, Mr. Joshua Scottow, whom we also meet
with as the next neighbor of the "vintner." In regard to my
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136 City Document No. 105.
cousin '* Sigma," it is worthy of remark, that, notwithstanding all
attempts to trip him up, he is sure at last (after oscillating about .
a little) to be found on his feet as firmly as ever. Mrs. Polly P.
Puzzlem I take to be exactly as near a relative of mine as Sigma
is. If I am right in my conjectures she ownes a great deal of real
estate, and her present name is a striking confirmation of my re-
mark that widows, having land, keep getting married ; since she
has borne this name so recently that I am satisfied her son Paul
must be the issue of a former marriage. Sigma, by the way, does
not believe in the '' shoomaker." In the matter of ancestry he
aspires ultra crepidam^ or beyond the cobbler's last.
Thomas Hancock was one of our wealthiest citizens, and deserv-
edly of the highest consideration. In his lifetime he gave the town
£500 for founding a hospital, which was thankfully accepted and
misapplied. Of this donation I was not aware when I prepared a
history of the Massachusetts General Hospital; and the honor
justly due to him was therefore not bestowed. I gladly make the
amende honorable now, though in an anonymous and ephemeral
manner. He died in 1764, and among numerous bequests, evinc-
ing great public spirit and liberality, he gives to his widow, Lydia,
£10,000 sterling; also " the mansion house wherein I now dwell,
with the gardenis, yard, and land belonging to it, and all the houses^
otU'hoibses, edifices^ and buildings adjoining, or anyways appertain-
ing to the same as now improved and occupied by me, and also
the lands near it I bought of Messrs. Teamans and Thompson, and •
the house and land I bought of Ebenezer Messenger adjoining to
my garden. I also give unto her all toy plate and household furni-
ture of every kind, and my chariots^ chaises^ carriages^ and horses ;
and also all my negroes^ all which she is to hold to herself and her
heirs forever," &c. To Harvard College, £1,000; to the Society
for Propagatmg the Gospel, £1 ,000 ; to the town, £600, ' ' &c. This
devise to the widow included all the State House and lands west of
it to Belknap street, and all Beacon Hill north of it (between 6 and
7 acres) ; so that she was undoubtedly the richest widow that had
ever lived in Boston, and, strange to say, she remained single.
Mrs. Lydia Hancock [bom Henchman] died in 1777, devising
the famous Brattle-street Parsonage estate^— and making many
other legacies, and constituting her nephew. Governor John Han-
cock, sole residuary legatee and executor, who thus became owner
of this princely inheritance, where he resided personally till his
death, in 1793. I can easily realize the feelings which induce his
nephew and namesake still to retain in its original condition his
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''Gleaner" ARTiOLiss. 187
stone mansion-house and what is left of this great estate. Amid
the modem destruction of old landmarks such a conservative act
is truly refreshing.
But I am not yet quite ready to make a call at His Excellency's
mansion, as I have not entirely finished my inspection of the hill
which at that time rose in such picturesque beauty behind it.
Gleaner.
CX)RRBSPONDENCE BETWEEN CORRESPONDENTS.
Sepimber 17,1855.
Mt bisab Gleanbb : — I heard a skilftil physician saj, a fewdajs ago, that nothing
would keep you still but being etherized. By the way, 3rou may remember that yon
very kindly presented me with a copy of your volume containing your account of the
ether controyersy. You, doubtless, remember that I pmsed it highly, and told you
that I had no just notions of the powerful effects of ether until I read your work, for
the very first five pages put me asleep. One or two of your late articles in the " Tran-
script," taken at bed-time, may, possibly, answer as well. How you keep yourself
awake while writing them is a mystery to us aU.
You say that you and I are descended from a cooomon ancestor, John Turner. I
know it ; I am glad of it ; for I have always thought you a very clever fellow, though
as obstinate as the devil. This old gentleman— not the devil, but John Turner —
was, as you say, a man of note in his time. His style was the Hon. Col. John Turner.
Saltonstall in his history, and Felt in his annals, tell us, that this John Turner com-
manded in the battle of Haverhill, so called, against the French and Indians, in 1708.
He was my great-grandfather, bom Sept. 12, 1671. I have heard my mother say, that
her father, son of the Honorable John^ for several years preserved some half-a-dozen
scalps taken in that batUe. The lather of the Honorable John was John Turner, a
merchant of Salem, born in 1644, and who died in 1680. This is the John Turner
so often mentioned in the records of Salem, as the lessee of Baker's island for
1000 years. £Qs house, in which he died, Oct. 9, 1680, was standing in 1835, at the
corner of Essex and Beckford streets. I am happy to have descended from such an-
cestora ; for they were the ancestors of one of the gi-eatest men of our country, and
for whom it has ever been my pleasure to express the most cordial sentiments of affec-
tionate respect — your honored father.
It is at this point that you break loose from what I have always supposed, upon
excellent authority, to be the true genealogy of the Turner family, and insist upon
having a shoemaker your ancestor ; and you say that I do not believe in the shoemaker,
but aspire to something ultra crepidam. No, my dear << Gleaner," I do not heliaw in
the shoemaker, but I do htHUw that, if we have a shoemaker for our ancestor, and
you and I continue much longer to spin such long, dry, and hard-twisted yama for the
'* Transcript," the public will be very sorry that we did not stick to the last.
Upon the matter of ancestiy 1 have ever been of the opinion expressed by Matthew
Prior:—
" Heralds and nobles, by your leave.
Here lie the bonee of Matthew Prior,
The Bon of Adam and of Eve ;
Let Bourbon and Naflsau go higher."
The poor boy who replied to the inqmrics of the police judge, that he never had
any father and mother, but was washed ashore, is mora likely to find favor with the
people than one who in our countiy makes a parade about his ancestoi's.
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138 City Document No. 105.
This matter can be of no possible interest to the public ; but, since you have dragged
it in bj the head and shoulders, there is no course left for me but to drag it out by the
neck and heels. My mother, who died in 1813, at the age of seyenty, was the daughter
of John Turner, a merchant, who died in 1786, who was the son of the Hon. John
Turner, who died in 1742, who was the son of John Turner, who died in 1680, — all of
Salem. I always understood her to say that the baptismal name John had been in
her family for many generations,and that the ancestors of Iter grandfather eame/rom Bar-
badoes. Felt, inhis ** Annals of Salem," edition of 1827, thus notices, under the date of
October 6, 1690, the death of her great-grandfather : ** John Turner had deceased lately.
He was son of John Turner, merchant, who died at Barbadoes, 1668. ♦ * * He also
left children, John, Elizabeth, Ac, He served as selectman. He was a respectable
merchant. His estate w|is estimated oyer £6,788. His death was a public calamity."
A copy of the church records in Salem, furnished me in 1845 by Heniy Wheetland,
Esquire, exhibits this entry : ** John Turner : his wife, Elizabeth, joined the church in
Salem 19.9 (i'^«» September 19) 1637 ; merchant, bom at Bai'badoes, where he died,
1668."
Several years ago, my dear Gleaner, you suggested this fancy about the shoemaker.
I gave you my views in writing ; a copy of my letter is now before me, concluding
thus —
*' Si quid noyisti rectins istis,
Candidas imperti; si non, hiB utere mecum."
You never rephed, and I supposed you were satisfied. And now you have broken
out again, in the same spotl It must be the pustule maligne. To draw such things to
a head and have done with 'em, I have heard that nothing was more effective than an
application of shoemaker's (your ancestor's) wax.
You claim relationship with Mi's. Fuzzlem. You ai*e right, no doubt of it. You
must be a Fuzzlem ; for, with my best effort, I cannot find out your meaning in that
paragraph. Your object, I think, must be to persuade the public that I am the writer
of the Fuzzlem letters, and *hus shift the responsibility from your own shoulders. If
you consider this just, you must haye a strange way of construing the golden rule.
Very dry of late — especially your last thirteen articles.
Very truly, your friend and kinsman,
SlQMA..
Glbanbb and Sigma.— Our well-known contributors ai*e haying a little corre-
spondence together, as will be seen by reference to the first page. The former, having
seen Sigma*s communication, wrote the following : —
« Whether I was right in supposing that I stood in the shoes of Robert Turner,
* shoemaker/ and in my consequent deteimination to stick to him like cobbler's wax,
or whether 1 may lawfully go to Barbadoes for an ancestor, the public will not
probably think worth discussion. As to Mrs. Fuzzlem, she evidently wishes to be
incognita, and I certainly do not think it polite to i-aise a lady's veil without her
peimission. While, on the one hand, I am sure that no face resembling mine would
be found beneath it, I think that her general gait, air, and manner, notwithstanding her
tdly prove that you and she were both rocked in the same cnidle. I am delighted to
learn that my ether pamphlet produced in any quarter a soothing effect. It had quite
an irritating influence in other circles, which led to much denunciation and the copious
shedding of ink."
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**Gleaneb'' Abtigles. * 139
XLIX.
THE MONUMENT.
September IS, 1855,
Mr. Editor: — We left His Excellency John Hancock in 1793
dying seized of Beacon Hill. The Hancock title I should charac-
terize exclusively , by words beginning with d. Its descents,
devisers, deeds, divisions, and dowers, with its doubts, difficulties,
and defects, make it the very d — 1. It is truly the Sebastopol^ I
may, perhaps, say the St Helena^ of conveyancers. Questions of
legal construction, of great delicacy, constantly occurring and
seemingly never ending, and the most complicated and embarrass-
ing legal proceedings, mark it out conspicuously above all other
estates in Boston as the one most to be dreaded by a novice, who
has just put up his sign, and announced to a confiding pvhlic that
he is ready to examine titles. If he ever hears the last of it he
will be more fortunate than myself. The late John R. Adan, who
was an eminently practical man, for years before his death adopted
and acted upon the maxim that he would never examine a title that
came through anybody named Spear, — a rule which, from analogy
of name and reason, he extended to Spurr. I have seen him
gravely decline a retainer, alleging this ground of action, though
the Mr. Spear in question assured him that he was not of the
family of Governor Hancock, and that his title would be found
extremely simple.
The Governor died without issue, leaving a widow, a mother
(who, by a subsequent marriage, had become Mrs. Perkins), a
brother Ebenezer, and twelve children of a deceased sister, two of
whom successively married Samuel Spear. One of these wives of
Mr. Spear left seven children, who each claimed l-252d part. So
minute was the share of each, that on a partition, in 1819, of the
Beacon-street lands, each of these children had a strip set off
measuring less than 18 inches on Beacon street in width by 80 feet
in depth. Three of them were females, and with dresses of the
present dimensions they certainly would have found it impracti-
cable ever to make an entry upon their lands.-
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140 CiTT Document No. 105.
Mt. Vemon street was laid out across the Hancock estate a few
years after the Governor's death, in continuation of the lower part
of the street, which had been laid out by the Mt. Vernon proprie-
tors. Temple street stopped a few feet south of Deme street, or
at the north base of Beacon Hill, which was the boundary of Tay's
pasture. I do not propose to inflict upon you a detail of aU. the
horrors and perplexities of this title. I will only select a speci-
men. A very elaborate partition was made in 1819 of this Beacon-
Hill lot ; each of the said Spear children here getting a strip of land
measuring less than two feet four inches on Mt. Vernon street by
60 feet deep.**
There was assigned to Thomas Hancock, a non compos son of
Ebehezer Hancock and one of the devisees of Mrs. Pprkins, a
tract of 1 7,392 feet, being full half of the present reservoir lot. It
was bounded west on land of the Commonwealth, north on land of
Joseph Blake, east on the lot set off to Eberiezer Hancock, his
father, south on other lots set off to said Ebenezer, to John, who
was brother and guardian of said Thomas, and on a lot left undi-
vided for the respondents — and, strange to say, there was no
way to get to it. Was the partition void? If valid, there was
of course a way of necessity somewhere ; but over what lot? It
would obviously nearly ruin the lot subjected to such easement.
Shall it be over John's lot, whose duty it was to have protected
his ward's rights ? Or shall the residuary lot be destroyed ? These
pleasant interrogatories suggested themselves to me when I first
made a professional acquaintance with this title. Brick houses
had been erected, arid were owned ancj occupied by Charles G.
Loring, Charles P. Curtis, and Thomas B. Curtis, Esqss ; and the
city had bought and built a brick school-house behind these houses
on the large lot of Ebenezer Hancock. The erection of the resdr-
voir has ended all difl3culty as to any way of necessity, as this
back lot became incorporated with the adjoining lands by which
it was separated from Deme and Hancock streets. Before this
event Thomas Hancock would have found it as hard work to make
a legal entry into his large lot, as his young relations would have
found in getting into their small ones. The above is a " sample
brick " of this legal edifice.
Mr. Tay's street was subsequently extended to Mount Vernon
street. I understand that the name of Temple street was selected
as one of the names in the family of Governor Bowdoin, whose
^ By a note in the Transcript it seems these lots were VJ\ inches wide, and the Mount
Vernon street land also then divided was 28 inches wide and sixty feet long.
W. H. W.
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** Gleaner" Artiolbs. 141
daughter was Elizabeth, Lady Temple, wife of Sir John Temple.
He, as well as his father-in-law, was distinguished as a statesman
and patriot. And we have seen that the heir in tail of. the Bow-
doin property was James Temple Bowdoin. So that His Excellency
was accommodated with two streets, to say nothing of Bowdoin
square, etc. And here I must be permitted to say a word or two
more on the nomenclature of streets, upon which I have so often
and, I fear, tediously dwelt already. Beacon street seems to have
been so named because it did not lead to the beacon. Mount Ver-
non street (as it ranged from east to west) was 300 feet nearer to
it, and thus had a better right to have been so called. But Tem-
ple street, as extended, actually hit the monument and knocked it
over, and therefore was not named for it.
The town conveyed to John Hancock and Samuel Spear, in 1811,
the six rods square on which the monument stood, and all right in
the highway leading to it, 30 feet by 60 feet (L. 238, f. 177), say
1 1 ,600 feet, for the miserable pittance of 80 cents per foot (99,300) .
The monument was then a substantial structure, with inscriptions
on its four sides. These are still preserved at the State House.
My locomotive powers are still somewhat limited, and I shall not,
therefore, at present visit and copj' those inscriptions.** I trust that
they will preserve for the remembrance of a grateful posterity the
names of those who, when they erected it, meant that it should
stand for ages ; and I regret that I cannot consign to deserved in-
famy the names of those who so disgracefully turned an official
penny by selling it. Such persons would sell a family graveyard I
An intelligent merchant of this city, who came here in 1787, a
boy of 11 years old, remembers that this monument was not then
erected. There was at that time a stone basement, on which rested
four horizontal timbers crossing each other in the centre. From
this centre rose as high a mast as could be procured, which wi^s
further supported by braces. It was surmounted by a tar-barrel,
which, being set on fire, in case of danger, was to be a beacon to
the country around. There was an apparatus of ladders for as-
cending to this tar-barrel ; but, fortunately, it was never found
necessary to give this warning signal. The hill was of a very pe-
culiar conical shape and the boys were accustomed to throw their
balls up as far as possible towards its summit, which rebounded
from it as from a wall. My boyhood was passed elsewhere. It is
one of my especial sources of regret that I never saw Beacon Hill.
Gleaner.
^ These inacry>tioii8 are supplied later, under article LIV. — W. H. W.
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142 ClTT DOOUMBNT No« 105.
L.
COOK'S 2J-ACRE PASTURE.
September 17 ^ 1855.
Mb. Editob : — The British metropolis was once unpleasantly*
startled by the rumor that an aged libertine, the Duke of Queens-
bury, daily recruited his exhausted and diseased frame by mUh'
hcUhingj and that the milk, after it had been thus used, was dis-
tributed by the dealers among their customers. In asking you,
Mr. Editor, to walk with me into the Beacon-Hill reservoir, I trust
that we shall not cause a like alarm among the consumers of '^ Co-
chituate." I fancy, indeed, that the visit will be found entirely
harmless to them and to ourselves, since the neighbors assure me
that it is quite a dry place, and that the reservoir is a massive
granite structure for holding water theoretically.
We have already walked around most of its area. The main
body of it is built on the Hancock title. On the north it includes
narrow parcels of land, derived from Joshua Scottow's four-acre
pasture, which it would be a useless labor to trace back, step by
step, to its parentage. On the west side, however, we meet with
a strip 19 feet wide, which separated the Hancock estate from
Hancock street. To this we will now direct our attention.
In tracing the title of the 16^- acre pasture of Rev. James Allen,
on the south side of Cambridge street, the south-easterly 2J acres
are found to have been bought by Mr. Allen of Mr. Davie, being
the westerly moiety of a 6-acre pasture of Zacheus Bosworth.
The easterly moiety of that 6-acre pasture had been sold by his
son, Samuel Bosworth, to Richard Cook, 1665 (Suff., L. 4, f. 320).
These 2J acres are bounded with Humphrey Davie westerly, with
Thomas Buttolph, Sen., and Joshua Scottow's land north, with land
of the widow Turner and of Thomas Miller [Millard] easterly, with
land of Knight, with the highway and said Miller southerly, being
the moiety of the land devised to me by my father.
This tract extended westerly to a line 77 feet west of Belknap
street, and easterly to a line 19 feet east of Hancock street. On
the north it reached to the pastures of Scottow and Buttolph [i.e.,
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**Gleaneb" Aetioleo. 143
to Myrtle street) , and on the sonth to the estates fronting on the
Common, and to a '^highway/' of which particular mention is
made below. This Mr. Cook was progenitor of one of our first
families. He died in 1671, and this land became the property of
his son Elisha, who died in 1715, leaving two children, Elizabeth
and Elisha, and on a division, in 1715 (Probate Records, 19, f.
287) , there was set off to Elisha '^ the pasture land adjoining Bea-
con Hill ; bounded east on Joseph Thompson ; south on Jeremiah
Allen, west on Belknap, north on Shrimpton." [Shrimpton owned
Beacon Hill, Thompson owned on the Common, Belknap had suc-
ceeded Buttolph, etc.] Elisha Cook, in 1731, sold off to John
Daniels (45, f. 236) a strip of land bounded north on Williams
19 feet, south on my land 19 feet, east on Yeamans 361 feet 2,
west by the highway 361 feet 2. One Jacob Williams then owned
the extreme lot of the Scottow pasture. So that Cook extended
Hancock street through his pasture. It was at first called Turner
street^ and then George street,
W. H. Montague, Esq., of this city, a few days since, showed
me a plan** of the town taken in 1769, under the official patronage
of Governor Burnett, which I believe to be unique and of great
value. Its margin is filled up with details of much historical inter-
est. On this plan is laid out George street^ which begins and runs
south from Cambridge street, and then makes a westerly jog in the
general direction of Mt. Vernon street, and then runs into Bea-
con street by the present Belknap street, the north part of the pres-
ent Belknap street not being connected with this southerly part,
so as to make one street, as at present. In other words, the north
end of Hancock street and the south end of Belknap street, connected
by a jog (in the neighborhood of Mt. Vernon street), then con-
stituted one continuous highway from Cambridge to Beacon street,
and the only one then existing.
To my great delight there appeared on this plan an orchard,
obviously the same one as on Bonner's plan of 1722. But, owing
to its location in reference to George street, and the size of the
plan, it became possible to fix its position very definitely. Tow-
ards its south-easterly extremity was a house, and it is, I think,
*« I do not understand this reference. Gov. Burnett arriyed here July 13, 1728, and
died here Sept. 7, 1729. There was a map issued then and dedicated to him, but it
does not show George street, with its jog. It gives a street where Hancock street now
is. This map is reprinted by Shubtlbff, and, on a small scale, in the ** Memorial
History," ii., 1. But in that history, ii., Ivi., is a reprint of an edition of Bonner*s map,
dated 1769, dedicated to Gov. Belcher, which shows George street as described in the
text. — W. H. W.
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144 City Document No. 105.
clear, that this house and orchard were the estate of our friend
Humphrey Davy, on the south-east end of Rev. James AUen-s past-
ure, the title to 1 4-5ths acres of which was finally derived to the
Mount Vernon proprietors, under deeds of Enoch Brown's heirs.
This accounts for the name of Davis's lane, which by Bonner's plan
ran diagonally through what is now the State-House lot, and passed
westerly along the south end of this Cook's pasture terminating
at the Davy estate, or 77 feet west of Belknap street. If, there-
fore (of which there seems to be no doubt) , this was the orchard
planted by Mr. Blackstone, it was not retained by him in the 6-
acre reservation (which he made when he sold his 50 acres, etc.,
to the inhabitants) , as the 6-acre lot was wholly west and south-
west of this locality, since this orchard must have been by Pinckney
and Mt. Vernon streets, beginning west of Belknap street.
My pleasure at looking round in Mr. Blackstone's orchard was
somewhat damped by finding, on and near this 19-feet strip,
another nest of rope-wdlka, I really feel, indeed, that I owe an
apology for introducing to yoipr notice, at this late day, other
edifices of this description, so inexcusably overlooked in my pre-
vious gleanings. In my next article I shall show that one of them
has attained to a position of higher honor, and been owned by
proprietors of greater distinction than any other rope-walk to whick
I have heretofore called your attention.
Gleaner
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*^Gleaneb" Abtigles. 145
lil.
THE COMMONWEALTH'S ROrE-WALK.
September 18, 1855,
Mb. Editob : — In our last article we left in John Daniels, 1731,
a tract of laud (part of Cook's pasture) measuring 361 feet 2 on
the east side x)f Hancock street, and 19 feet deep. The northerly
portion of this land was sold off, and became the property of
^^ Box and Austin ** ; the southerly part was sold to Ebenezer Mes-
senger, 1734, bounded east on Yeamans, south on the children of
Eben and Rebecca Messenger (Lib. 48, f. 213). In 1743 Daniels
conveyed to John Henderson 312 feet by 19 feet (Lib. 68, f. 32),
who died in 1747 ; and on a division, in 1762, there were set off to
Nathaniel Green and Annabell, his wife, in her right, ^Hhe rope-
walks near Beacon Hill, now improved by H. Inches ; also the
house and land, now occupied by Mr. Gain, near the rope- walks'*
(Probate Records, Lib. 60, f . 194) . Green and wife convey to (Gov-
ernor Hancock in 1765 (Lib. 105, f. 222) 120 feet by 19 feet. Green
died. His widow, of course, married again. Her second hus-
band, Richard Boynton, died in 1795; and she, while a widow,
sold to the Commonwealth of Massachusetts, in 1798 (Lib. 194, f .
74), the residue bounded westerly on Turner street, 192 feet,
east on land lying between the premises and Beacon Hill, 192 feet,
north on the late John Box, and south on land of which Governor
John Hancock died seized.
Elisha Cook, besides extending Hancock street through his
pasture, also extended Belknap street from the south line of his
pasture, but not through it northerly, so as to connect it wholly
with that portion of Belknap street which communicated with
Cambridge street. To this was given the elegant name of Clap-
board street. Cook sold off to John Daniels a rope- walk, measur-
ing on west si^e of Hancock street 25 feet, and extending back
261 feet, to land of Wheelwright (who had succeeded Davy —
1736, L. 52, f. 152). Cook died seized of two other rope-walks,
together measuring 44 feet on Hancock street, and extending back
westerly about 270 feet. They bounded north on Myrtle street,
and on the division of his estate, accepted in 1763, they were
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146* City Document No. 105.
set off to Mary, wife of Richard Saltonstall (Probate Records, Lib.
62, f . 262) . These three rope-walks west of Hancock street formed
a barrier separating Clapboard street from the northerly part of
Belknap street. At a later day the street was continued through
them. Such extension had not taken place when the plan of 1769
was made. All the lots west of Clapboard street became the
property of Mason, Otis, etc., the Mount Vernon proprietors,
except one small lot of 25 feet front and rear, the property of
Middleton and Glapion. Pinckney street is opened through a
portion of these lots ; and the present lines of Mt. Vernon street
(formerly called in succession Olive street and Sumner street)
cut off some of the southerly part of Cook's pasture. The title of
many of these lots of Cook's pasture gets into Thomas Hancock.
Thus Ebenezer Messenger conveyed to him, 1775 (Lib. 87, f. 76), a
lot measuring 75 feet on the east side of Hancock street or Turner
street, etc., partly held under Cook. Elisha Cook was a man of
great wealth and high standing. He owned all the south side of
State street from Kilby street to low- water mark, probably of itself
now worth all of a million of dollars ; also the large estates on
School street, on both sides of Chapman place, which was long
known as Cook's court.
This rope-walk, east of Hancock street, was bought by the Com-
monwealth, not, however, with any view of going into that
business. It was used as the residence of the Messenger of the
State-House, there being a narrow dwelling-house erected on it,
with a yard in front lying along the street. Here for many years
lived Jacob Kuhn, the honest, vigilant, and courteous guardian of
the neighboring official edifice. It was he who, when a young lad,
was passing along the Granary burying-groutid, shortly after Mr.
Adino Paddock had caused a row of young trees to be set out on
the sidewalk. He took hold of one of these slender saplings, and
thoughtlessly began to shake it (a feat, by the way, which would
now be of difl3cult performance). In a moment Mr. Paddock
darted out from his house opposite, and served him as he had
served the tree, Mr. Kuhn was the agent fot collecting the bills
of the old Aqueduct Corporation. He presented, on one occasion,
a bill to the late Dr. Bowditch, which he paid acc©rdingly. The
next day Mr. Kuhn called and said, " In paying the bill yester-
day you made a slight mistake." Dr. B. said, " How can you
tell what I gave you? " — *' I always tear off the blank paper at
the edge of the account, write on it the name of the party, and
piii to that paper the particular bills in which it is paid. 1 did so
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''Gleanbb^ Abtigles. 147
with your bill, and am sure that you made a mistake." Dr. B.
said, "I am satisfied, and will cheerfully correct the error." —
"But," said Mr. Kuhn, "the mistake is in your favor. Tou
gave me a $50 biU instead of a $5. " * Dr. B. then said, " It is
delightful to me to meet with a man who is so exact and methodi-
cal in his business habits, and who at the same time is so per-
fectly upright. You must keep the $45, and purchase some dress,
etc., for your wife, telling her, from me, that she ought to feel
proud of her husband."
The rope-walk now constituted the westerly lateral support of
the Beiicon-Hill Reservoir, an edifice which cost half a million of .
dollars. A high destiny and worthy of its dignified ownership.
No other rope-walk can ever hope to compete with this. Though
the laMy it is not the leasts in our list of the rope-walks of Boston.
Our graceful, conical hill, with the monument that surmounted
it for its protection and embellishment, has long since ceased to
exist. It is fitly replaced by the Beacon-Hill reservoir. The
Boman aqueducts are among the grandest vestiges of ancient
civilization. This structure will, to coming generations, be as
noble a memorial of the genius, science, and enterprise of the
present age.*^ We have, indeed, lost a majestic pinnacle reared
by the God of Nature ; but there has arisen in its stead a glorious
creation of human wisdom and beneficence. Gleaner.
P.S. — On applying to James W. Baldwin, Esq., respecting the
details of the reservoir building, a very elegant plan was cour-
teously prepared for my use, by Mr. Richards, which, while it
impresses me forcibly with the ingenuity of the arrangements, I
find it impossible accurately and adequately to describe. The
lateral walls are double, the outside one being over 3 feet thick,
and the inner one being of varying width from 5 to 3 feet. The
vacant space between them is over 7 feet in width from the base to
about the height of t^e arches on Deme street. These two walls
are united together at the top, and also at the bottom. The
width of the Derne-street arches is over 20 feet in the clear. The
depth of the foundation, and the height of the building, and the
thickness of the immediate basin of the reservoir above the
arches, I am unable to state.
«7 It is, howerer) true that, in 1883, the reservoir has become a thing of the past
Being pronounced useless, the massive structure has been removed, and the land
appropriated for the site of a Court- House. The next generation may see that build-
ing also removed, if indeed icever be erected. — W. H. W.
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148 City Document No. 105.
till.
THE STATE-HOUSE LOT.
September 21, 1855.
Mr. Editor: — In our Beacon-Hill researches we have already
found the deed of John Turner to Col. Samuel Shrimpton in 1673
(L. 8, f. 329), embracing the east, gore of the State-House lot,
bounded *' on the way leading up from the Training field to Centry
Hill on the east side," and " on land of said Samuel, westerly.*'
We have also seen that the executrix of Robert Turner sold, in
1870, the Beacon-Hill lot behind the State-House, bounded south
on Thomas Millard. He was an original possessor of land in this
vicinity, having half an acre bounded with the Common south,
Bichard Truesdale west, Thomas Scottow east; and he bought
in 1681 of Zacheus Bosworth one acre, bounded with Edward
Huchinson north, the Common south, Thomas Millard east, and
said Zacheus west (Possessions, f. 76). In a deed of 1661 (L.
10, f. 212) a lot west of the State-House land is conveyed as
bounded both east and west on Thomas Millard.
Millard died in 1669. His inventory is " a small parcel of land
lying on the side of the Century Hill and fronting the Common,
£20." This small parcel was the whole of the State-House lot ex-
cept the gore which had been bought of Turner. " John Lake and
Thomas Blighe, administrators of Thomas Millard, gave posses-
sion by turf and twig" of the premises, and also " of the land by
Century Hill," to Samxiel Shrimpton^ attorney of Alice Swifts
sister, etc. of said Millard, Oct. 18, 1672 (L. 8, f. 308). On
Feb. 23, 1673-4, the administrators acknowledged that possession
was so delivered because the estate had been recovered out of
their hands. "The adjoining westerly lot is conveyed 1679 (L.
11, f. 212), as bounded east on land late of Millard, since in the
tenure of Shrimpton"
Now, I really hope that Col. Shrimpton dealt fairly with Miss
Alice Swift, and did not keep to his own use that which he
received possession of "by turf and twig," merely as her attorney.
I am, however, unable to furnish any record evidence of his integ-
rity in this matter. He must stand upon his general reputa,tion,
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''Gleaneb" Articles. 149
which was that of a man of honor. It is at any rate now too late
for the good lady to oust the Commonwealth. Nor do I think
that Mr. Davy, whose lane used to run diagonally from the south-
east to the north-west comer of this lot, can now disturb the
territory by any ancient right of way to his pasture.
In a former article we have referred to the deaths of Mr. Shrimp-
ton, 1698, and of his widow, Mrs. Stoddard, in- 1713. We have
seen that his grand-daughter, Elizabeth Shrimpton, married John
Yeamans, 1720, and died, leaving a son, Shute Shrimpton Yea-
mans, who, in 1742, joined with his father in leaving*^ an entail
created by Mrs. Stoddard, and supposed to include this lot ; and
we have also referred to his final deed (after his father's death)
to Thomas Hancock, 1752 (L. 81, f. 168). This deed was for the
consideration of £220, lawi\il money of Great Britain. So that
the State-House lot, and all north of it nearly to Deme street
(excepting the town's lot, on the top of the hill) , is held under a
deed of a century ago, at the cost of eleven hundred dollars. It
would now be worth eleven hundred thousand dollars. A thousand-
fold rise of value, even in a century, is very fair for such an old
place as Boston.
We have also seen the death of Thomas Hancock, in 1763,
devising to his wife Lydia, and her devise in 1777 to Governor
John Hancock, who died seized in 1793. Among the items in his
inventory is "the pasture adjoining the garden and Beacon Hill,
between the mansion house and D. D. Rogers, £3,000." In 1795
this pasture was conveyed to the inhabitants of Boston. Thus
Mary Perkins (the mother of the Governor) conveyed her right
for $4,444.44 (L. 180, f. 116) ; Ebenezer Hancock, his brother,
made a deed precisely similar, for the same consideration (L. 180,
f. 117) ; and the widow released her right of dower (J6., f. 118),
etc. It is needless to enumerate any other conveyances. So that
60 years ago the whole State-House lot was valued at $13,383.33,
or thirteen thousand dollars. It is described as " Governor Han-
cock's pasture, beginning at south-east corner of his garden, and
running easterly on Beacon street 243 feet 3 inches to the comer
of a street or passage-way leading up to Bacon hill, thence run-
ning north on said passage-way towards said hill 249 feet more or
less, then running on a westerly course on another passage-way
*• Undoubtedly a printer's error for ** barring an entafl." The Shutes did so bar the
entail bj a lease and release to Henry Caswell and Col. Estes Hatch, at the time stated
See Suff. Deeds, Lib. 66, fol. 271, and the reference anU, p. 132 of this volume. — W.
H.W.
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150 City Document No. 105.
leading round said Beacon Hill 235 feet 3 inches, to the north-east
comer of the garden, then running on a line with the garden about
371 feet to the first bounds." These two passage-ways are the
present Mount Vernon street^ which runs north, and then bends at
a right angle westerly.
The conveyance from the town of Boston to the Commonwealth
is dated May 2, 1796 (L. 182, f. 144). It is in consideration of
five ahilUngSy etc., and is declared to be made ''in fee-simple
forever for the purpose of erecting buildings and finishing thereon
a State House for the accommodation of all the legislative and
executive branches of government, and such other public build-
ings or ofiSces, with their appurtenances, as may be necessary and
convenient, and may be required for the suitable accommodation
of the several departments of government." In the face of the
manifest intention of this deed it is somewhat amusing to re-
member the grave deliberations that have been held year after
year about moving the seat of government somewhere else, and at
the same time pocketing the proceeds of this estate^ as the absolute
property of the Commonwealth.
Gleaner.
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" Gleaneb " Abticles. 151
Lin.
GOVERNOR HANCOCK'S HOUSE.
September 25, 1855,
Me. Editor: — Next west of the State House, on "Governor
Hancock's pasture," came His Excellency's mansion house and gar-
den, being the large area between Beacon street, Belknap (or Joy)
street, Mt. Vernon street, and State-House lot. The original pos-
sessor seems to have been Zacheus Bosworthj who, as we have seen,
sold off in 1651 to Thomas Millard one acre (part of the State-House
lot) , bounded with the Common south, said Millard east, and said
Zacheus west (Possessions, p. 76). By his will, dated 23, 5th
month, 1655, proved August 30th, Bosworth devises to his
" daughter Elizabeth 2 acres of land with a mare, or else the barn
with a piece of land to it, to be laid out by my overseers." (Probi^te
Records, 1, f. 112.)
John Mors and Elizabeth, his wife, conveyed to Richard Knight
and his brother-in-law, John Wing, June 7th, 1661 (L. 10, f.
212), two acres of land in the Century field, formerly devised by
Zacheus Bosworth to his daughter, the said Elizabeth, bounded on
the Common south, on Thomas Millard east and west, on Samuel
Bosworth north (Samuel Bosworth owned and sold Cook's 2J
acre pasture north of this land), reserving a ten-feet way for
Samuel Bosworth from the Common. Thus the Beacon-street end
of Belknap street was at first a mere matter of private accommo-
dation for Mr. Samuel Bosworth to caH haj'^ off from his pasture.
John Wing mortgaged his moiety to the worshipful John
Richards, for the use of " the Major," RoT^ert Thompson, of Lon-
don, in 1677 (L. 10, f. 219), and Knight mortgaged his moiety to
the same worshipful grantee, in Ms own rights in 1679 (L. 11, f.
212), this deed bounding east on land late of Millard, since in the
tenure of Samuell Shrimpton. Peaceable possession was given in
1684, so that the title became absolute. The worshipful John
died in 1694 ; one item of his will is, " I give to Mr. John Alford,
son of Benjamin Alford, all that piece or parcel of land lying near
Beacon Hill, which I bought of Richard Knight, now in the
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152 CiTT Document No. 105.
occupation of said Benjamin, I having formerly given it to his said
son John, but he hath no deed of it."
At the Inferior Court of Common Fleas, October Term, 1717,
partition was had by John Alford of his moiety against Joseph
Thompson, of London, as owning the other moiety, and the east-
erly half of the land was set off to Alford. In 1732 he sells off a
small lot to Ebenezer Messenger, 20 feet by 58 feet (Lib. 49, f . 248)
in which is subsequently conveyed to Mr. Hancock. He conveyed,
1735, to Thomas Hancock (Lib. 51, f. 117) '' a lot near Beacon
Hill bounded south-east on the Common 135 feet 4 inches, south-
west on John Thompson, of London, 341 feet, north-west on the
highway 155 feet, and north-east on Col. Samuel Shrimpton (i.e.,
the State-House lot) 263 feet." For this lot of an acre on Beacon
street, on which stands the stone mansion, Mr. Hancock paid
£1,000 in good hills of the Provinces.
The Thompson moiety tumbled about from heir to heir, under
the English entail created by the major, to which I have referred
in the case of his two-acre pasture by Somerset street. William
Thompson, of Eltsham, England, the ultimate heir in tail, barred
the entail in 1758 (L. 93,^ f. 124, 125), and, by Andrew Oliver,
his attorney, conveyed to said Thomas Hancock, in 1759 (L. 93,
f. 158), " all that tract of land set off to Joseph Thompson on
partition with John Alford, in 1717,— October Term of the Court
of Common Pleas, — measuring 135 feet southerly on the Common,
and northerly in the rear 93 feet on Elisha Cook, west on land of
Samuel Sewall, or a lane between it and the premises, and east on
the lot set off to Alford." So that Mr. Samuel Bosworth's 10-feet
alley had reached the dignity of being, perhaps^ a lane. It had
not yet attained its full-grown glories as Joy street. And for this
acre Mr. Hancock paid £150 sterling more.
At these trifling prices Mr. Hancock acquired all the land west
of the State-House to Joy street. He devised, as we have seen,
in 1763, to his widow Lydia, who died in 1777, devising to her
husband's nephew, Governor Hancock, who died seized in 1793
of this great estate thus cheaply acquired. Gleaner.
TO GLEANEB.
September 24, 1855,
Sib, —As yoa have ingennoiisly confessed in one of yonr articles that yon never
saw Beacon Hill, yon will permit one who saw it often, and had, as a child, a familiar
acquaintance with its dandelions and buttercups, to tell you something about it. It
was, at my earliest recollection, in its fuU glory, surmounted by a graceful column,.
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** Gleaner'' Articles. 153
on whose top perched a gilded eagle, and on whose base were those inscriptions which
I am still yonng enough to go to the State-Honse to copy, as I mean to do, for this
article before I have done. But let us go back to the time when the hill was as
described by your ancient friend ; when there was, in place of the column, a stone
basement, on which rested four horizontal timbers, crossing each other in the centre.
From this centre rose a mast, holding on its top a tar-barrel, which in case of danger was
to be set on fire, to be a beacon to the country round. This preparation was adapted
to a time of war, but it was happily never needed ; when the war ended, the beacon
was but a remnant of things that had been. Thus it remained till about four years
after the war, when a young gentleman returned from Europe who had been passing
a year in England, France, and Italy, led thither not by motiyes of business, but what
was then unusual, by a love of art, particularly that art which, in a young community
is the most practically useful, — Architecture. This young gentleman, Charles Bul-
flnch, was the son of that Bulfincb whose name, as the owner of the pasture, has found
a place in some of your communications. On his return home he immediately begun
to put in exercise those tastes for architectural improvement which he had carried
with him abroad, and nourished by all that be saw. The first idea that occurred to
him was to remove the unsightly timbers of the old beacon from their conspicuous
site, and replace them with a handsome column, resembling at an humble distance
those he had seen in London, Paris, and Rome. How the funds were obtained I do
not know, but presume the method that has been so often used since was employed, and
a subscription paper passed around ; and am equally well satisfied that in that case, as in
later ones, the prime mover in the scheme had to take all the trouble and make np all
deficiencies himself.
The monument, designed by Mr. Bulfinch, and built under his superintendence,
bore on its pedestal tablets of slate, with inscriptions written by him. On two sides
the principal civil and militaiy events of the Revolution, with their dates, were in-
scribed. On the third and fourth sides one read as follows : —
To Commemorate
that TRAIN of EVENTS
which led
to the AMERICAN REVOLUTION,
and finally secured
LIBERTY and INDEPENDENCE
to the United States,
This COLUMN is erected
by the voluntary contributions
of the CITIZENS
of Boston,
MDCCXO. .
AMERICANS!
While from this eminencb,
scenes of luxuriant FERTiLiTr,
of flourishing commerce,
and the abodes
of SOCIAL HAPPINESS,
meet your view,
Forget not those
who by their exertions
have secured to you
these BLESSINGS.
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154 City Document No. 105'.
The column stood till aboat the year 1S06, when at last the sait between the
Hancock heirs and the town was decided in fayorof the former, and it became certain
that the hill must be du^ down, with the exception of a limited space in the centre.
It seemed useless for the town to retain this square pile of earth (for such it would
have been), bounded with perpendicular sides, and therefore it was sold to share the
fate of the rest This is, according to my recollections, the reason why the town
parted with what, if it could have been preserved entire, would have been, as you
say, a unique and unriyalled ornament* But the times were hard, embargo
and commercial restrictions had crushed the trade and damped the spirits of the
community. The liberal and publicHSpirited individual through whose agency the
monument had been erected had fallen a victim to the derangements of the times,
and, in the enterprise of Franklin place, had made shipwreck of his fortunes. No'
other stood ready to redeem the hill, from its fate by buying up the- Hancock <;laim,
and the hill fell, and the monument disappeared, leaving only the tablets, which still
meet the visitor's eye as he prepares to ascend to the lantern on the top of the State-
House, a spot fh>m which a view similar to that which used to be oommaaded
from the top of Beacon Hill may still be seen, with its ^'scenes of luxuriant
fertility," etc.
At my earliest recollection the appearance of the hill was this : a grassy hemi-
sphere, so steep that one could with difficulty mount its sides, descending with a
perfectly I'egular curve to the streets on the south, west^ and north. On the east it
had been encroached upon, and the contour was broken.' Jast opposite the end of
Coolidge avenue, on Deme street, there was a flight of wooden steps, ten or fifteen in
number, leading part way up the hill. After that one had to climb the rest of the
way by aid of the foot-holes that had been worn in the surface, along a wide path
worn bare by the feet, to the top, where there was also a space of some fifty feet
square, worn bare of sod. In the midst of this space stood the monumenti De-
scending by the sonth side, one followed a similar rough gravel path to another
flight of plank steps, leading down the level of Mt. Vernon street, and terminating at
about the position of the front of No. 13 Mount Vernon sti'eet, the first house of those
facing south.
The sport of batting the ball up the hill and meeting it again on its descent was
played by some ; but it was not so easy a game as one would at first suppose, on account
of the difficulty of maintaining one's footing on the hill-side, which was so steep as
to require some skill even to stand erect on it. The appearance of the hill in winter
I do not recollect; but I think it must have been generally bare of snow, from its
elevated position, and I do not recollect having even seen sleds used on it. But you
can ask C. P. C, or T. B. C, or G. H. K., or Dr. R., or Marshall F., and they can
correct or confirm my impressions on this point. T. B.
[Thb Monttkbkt on Beacon Hill. —The accoont of the Beaoon Hill montuneDt, on
the first page, will be read with much interest. A portrait of Mr. Charles Bolflnch,
the gentleman alluded to, taken while he was in Europe, at the age of twenty-six, ia
now on exhibition at the Athenaonm. — JVb^e in the Transcript]
From a careful copy of these inscriptions in the ** American Magazine,'* ii., 47,
(Boston, 1835), we supply the other two tablets. Those given were placed respec-
tively on the south and east sides. — W. H. W.
(On the West side.)
Stamp act passed 1765, repealed 1766.
Board of customs established 1767*
British Troops fired on the inhabitants
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"Gleaner'' ARTica»BS4 155
of Boston, March 5, 1770.
Tea Act passed 1773.
Tea destroyed in Boston, Dec. 16, 1773.
Fort of Boston shut and guarded June 1, 1774.
General Congress at Philadelphia, Sept 6u
Provincial Congress at Concord, Oct. 11.
Battle at Lexington, April 19, 177&
Battle at Bunker Hill, June 17.
WASHINGTON took command of the Army, July 2.
Boston evacuated, March 17, 1776.
Independence declared by Congress, July 4.
JOHN HANCOCK, President.
(On the North side.)
Capture of Hessians at Trenton, Dec. 26« 1776.
Capture of Hessians at Bennington, August 16, 1777.
Capture of British Army at Saratoga, October 17.
Alliance with France, Feb. 6, 1778.
Confederation of the United States formed, July 0.
Constitution of Massachusetts formed, 1780.
BOWDOn^, President of Convention.
Capture of British Army at York, October 19, 1781.
Preliminaries of Peace, Nov. 30, 1782.
Definitive Treaty of Peace, Sept. 10, 1783.
Federal Constitution formed, Sept. 17, 1787,
And Ratified by the United States, 1787 to 1790.
New Congress assembled at New York, April 6, 1789.
WASHINGTON inaugurated President, Apiil 80.
. Poblio Debts Funded, August 4, 1790.
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156 CiTT Document No. 105.
lilV.
THOMAS BULFINCH, ESQ.
September 25, 1855,
I am much gratified to have been in any way the cause of the
interesting communication of T. B.* I was not aware that the
monument on Beacon Hill was planned by the late Charles Bul-
finch. He has, however, left a far more imposing specimen of
his taste as an architect. The State-House was planned by him,
though I have always been informed that the wings were originally
designed to have been of greater length than the present, as com-
pared with the centre and the dome. Whatever may be its
architectural defects, however, it is a great ornament to our city,
and produces a very striking and agreeable effect when first seen
from a distance. The recent addition on its north side has made
the edifice hvlge out in that direction in a manner which the
neighbors doubtless consider unsightly, however convenient it
may be for the occupants, and however well it may, on the whole,
accord with the rest of the structure. (The stone embankment
wall on the east side of the State-House has been the most costly
item in our State expenditures. It was undermined by the frost,
and had to be replaced in the most substantial manner. The
estimates of this wall were, I believe, about 86,000. His Ex-
cellency, in his message, incidentally suggested that the cost had
somewhat exceeded the estimate. It was, I believe, over $20,000.)
I regret very much to see that there is any intermeddling with the
foundations of the main building. Nothing indeed, now, even of
the most fundafoentdl character, is held sacred. I sincerely hope
that the State-House will not share the fate of the monument.
Gleakbb.
♦ See ante, page 162 — W. H. W.
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^ Gleaner " Articles, 157
LV.
JOHN HANCOCK.
September 28 j 18 55,
Mr. Editor: — As long as America shall continue to hold a
place among the nations of the earth the memory of 3o\ivl Hancock
will endure. Few men during life have been more highly lauded,
or more bitterly assailed. To an entire disregard, and even a
culpable neglect, of exactness in money matters, he united great
liberality, both public and private. While Harvard College was
dunning him in vain for a settlement of accounts as its late treas*
urer, he appropriated several hundred pounds sterling to purchase
an elegant carpet and other articles in London, which he generously
presented to that Seminary. And I suppose there is no doubt
that eventually he repaid to it, at least, as much as the amount of
his indebtedness. So remiss was he in regard to his own affairs
that some very valuable real estate was actually taken from him
under levy on execution. But his official signature nobly repre-
sented Massachusetts on the most important document in the his-
tory of our country.
Jame^ Bowdoin was originally chosen a delegate to the first
Continental Congress. It was a glorious post of duty and respon-
sibility, — one which the whole previous and subsequent tenor of
his life alike shows that he would not have shunned or evaded.
The avowed reason for declining was doubtless the true one, — the
infirm state of his wife's health. [See address at Bowdoin College,
1849, by Robert C. Winthrop, a great-grandson of Governor Bow-
doin.] Upon how slight a circumstance sometimes depends the
gain or the loss of the hjghest prizes of life I Mr. Hancock was
chosen as his substitute^ and achieved for himself that immortality
which might otherwise have been his rival's.
When the French fleet visited Boston a grand entertainment
was given to its officers at the Governor's mansion. It was a
breakfast, or, as it would now be called, a maiinee. Believing that
all good citizens would be glad to contribute, the Governor issued
a summary order that all the cows on Boston Common should be
milked to fUrnish supplies for the occasion. I am not aware that
any action of trespass was ever brought against His Excellency for
this truly arbitrary confiscation of private property.
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158 Cmr. Document No. 105,
These festivities on shore were reciprocated upon the water by
our gallant allies. As the wife of His Excellency was seated at the
table, on which was spread an elegant collation, on board the vessel
of the French commander, he requested her (without any reason as-
signed) to ring a small bell which he handed her, or to do some
other slight act which he designated. She did so. This was the
preconcerted signal for a general salute from all the guns of the
fleet. She was startled alike out of her official dignity and per-
sonal propriety by the deafening peal of artillery that immediately
ensued.
Governor Hancock thought that, as the Chief Magistrate of
Massachusetts, it was not for him to take the first step, even when
** The Father of our Country V visited us. He feltthat his dignity,
or, more properly, the dignity of the sovereign State which he
represented, would be compromised by his making the first call,
even on Washington. His Excellency, however, speedily dis-
covered his mistake, and certainly took, or was supposed by the
public to have taken, an ingenious mode of correcting it. Swath-
ing his limbs in flannels, — the victim of a sudden attack of the
gout, — he caused himself to be carried to visit the President, who,
whatever may have been his private convictions, could not hesitate
to accept and excuse the tardy civilities of such a suffering invalid.
Thus, singularly enough, it was by denying himself the use of his
natural legs that His Excellency got upon his legs again in this
matter of etiquette. Washington and his suite were detained
several hours upon the Neck, and, the day being very chilly and
disagreeable, many people became ill with what was called
the ''Washington cold." The President's dinner also grew cold
(at S. S. Pierce's grocery store,*° at the comer of Tremont and
Court streets) ; but a supplementary fish, of great excellence, being
obtained at the last moment, was served up in the most approved
and satisfactory manner. The non-arrival of a fish once caused
the despair and suicide of a French cook ; the arrival of this fish
saved an American landlord^ under even more desperate circum-
stanceSy when he was doubtless making divers sentimental ejacula-
tions, though he would not, probablj^, at last have resorted to such
a tragical proof of loyalty.
It is, however, due to His Excellency to state that he was really
a frequent martyr to the gout. My informant, 80 years old,
^During the year 1883 this t)uilding has been at last torn down, to be replaced
by a magnificent store, again occupied by Mr, Pierce. — W. H. W.
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"Gleaner*' Articles. 159
remembers that on one occasion he opened the session of the
Legislature by a speech delivered with great dignity and effect,
although from a seat which was almost a couch j his litnbs being on
this occasion wrapped in flannels, from the bona''flde necessities of
the case. And it may be that such was the real cause of his
dilatory call on Washington, the popular opinion to the contrary
notwithstanding.
When President Jackson visited Boston *' I was a young man,
and had just discovered the delights of horsemanship. I had
never been made to embrace mother earth by either of the various
processes of stumbling, rearing, halting, or shying. These
saddening experiences came later in life. Seized, therefore, with
a fit.of equestrian patriotism, I detennined to join the calvacade
which was to escort the city's guest from the Neck. I was mount-
ed on a fine spirited horse, and we were duly formed in a line,
in front of which the procession was to pass. Just as the Presi-
dent was approaching us, the noise of the music and the shouts
excited and alarmed my steed, and, after sundry demonstrations,
which I, at least, regarded as very serious, he finally became quiet,
with his tail exactly where his head should have been, and vice
versa. In the earlier part of these performances I had great
diflaculty in preserving my own centre of gravity, and the specta-
tors, to a man, lost their gravity at its conclusion. I was aware
that by thus turning my back upon him I was treating the head of
the nation with apparent discourtesy. But on reflection I became
satisfied that my presidential visit had not proved more embarrass-
ing and awkward to myself, or the source of more amusement and
ridicule to lookers-on, than did Governor Hancock's visit to Wash-
ington ; and that, with the best intentions, each of us was merely
the unhappy victim of a little want of tact, and that I had one
great advantage over His Excellency, viz., nobody knew who I
was.
Dorothy, the widow of Governor Hancock, survived him nearly
40 years, or till 1830. She married again, and is better known
to us as Madame Scott. The whole of this njansion-house estate
(except a triangular gore between Mount Vernon place and street)
was assigned to her as her dower, as was also Hancock's wharf.
Evicted from this latter very valuable estate as latelj* as 1817,
under foreclosure of a mortgage made in 1774, for only £1,650 13s.
^Jackson arriyed in Boston, June 21, 1833, and remained liere five days. — W. H. W.
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160 City Document No. 105.
5d., she attempted to obtain a new assignment of dower; bnt the
Court refused it, because she had given her express assent to the
original assignment (13 Mass. Eep., 162, Soott vs. Hancock).
This is one of a series of perhaps a dozen lawsuits in our Reports
relative to lands of Governor Hancock.
I trust that for many a spring yet to come that old stone man-
sion will continue to stand,** and the lilac-bushes to blossom in the
green enclosure on which it fronts. Long life to its now aged
proprietor, whose laudable pride of ancestry has hitherto preserved,
for the gratification alike of the community and of himself, this
interesting domestic memorial of the First Signer of the Dedaror
tian of Independence I
Gleaner.
"* The demolition of thLs mansion to give place to two modem houses, a few years
since, inflicted an irreparable loss upon the city. — W. H. W.
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ILES. 161
liVI.
HOUSES ON HANCOCK ESTATE.
October 1, 1855.
Mr. Editor: — The estate of Governor Hancock on Beacon
street and hill (say 3 J acres) would now, undoubtedly, be worth
a million and a half of dollars. It would not be interesting to the
public, or professionally expedient, for me to enlarge on the non-
compos proceedings, sales by guardians of minors, and by admin-
istrators, executory devises, and sundry other like matters, which
form the legal history of this spot.
In 1815 Beacon street was widened by cutting off from this
estate a strip, which was 17 feet wide at the State-House land, and
20 feet wide at a point 92 feet 6 from Belknap street. A plan is
recorded in L. 250, f. 76.
Mt. Vernon place and the 20-feet way behind it have been laid
out through this land ; and Mt. Vernon avenue, or Hancock avenue
(or Cato alley, as it has been jocosely called, from its affording a
convenient access across the Common to and from the northerly
end of Belknap street) , was laid out by mutual agreement between
the Commonwealth and these proprietors. There is no other range
of houses in Boston, that I know of, whose entire value depends
on light, air, and prospect enjoyed merely by sufferance, t.e., over
. the land of the Commonwealth. Should that land ever be covered
by buildings these residences would become houses on a ten-feet
alley, and the name above suggested would then be signally appro-
priate, as they would probably be occupied by the present denizens
of the lower part of Belknap street.
There now stand upon these Hancock lands many of the most
desirable residences in the city. Thus, west of the Hancock man-
sion, on Beacon street, are the four elegant dwellings of Samuel
A. Eliot, of Mrs. Gardiner Greene, of Mrs. George Parkman, and
of J. Bowdoin Bradlee. In the rear of these, on the south side of
Mount Vernon place, are seven others, the corner one of which,
on Belknap street, was owned and occupied by the late Hon. Theo-
dore Lyman, the munificent founder of the first reform school in
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162 Cixr Document No. 105.
the Commonwealth. On the north side of said place, and front-
ing on Belknap and Mount Vernon streets, are six more houses ;
the first owned and occupied by George W. Lyman, Esq., who is,
or was, also proprietor of several of the others. There are seven
houses on the avenue or " alley." Back of the State-House, on
the north side of Mount Vernon street, is an elegant block of seven
costly residences, extending from Hancock to Temple street, all
which, except a strip of the westerly house, come under this title.
On the same street (easterly of Temple street) are two houses of
smaller size and cost ; and on the east side of Temple street
another block of eight houses of the same character. These two
last ranges of houses cover, as we have seen, the site of the
monument, and the chief part of the six rods square around it,
there being only a small portion of it on the west side of Temple
street.
The result is, that on the Hancock estate, besides the State-
House and most of the Reservoir, there have been laid out four or
five streets or ways, on which stand, in all, say forty brick dwell-
ing-houses. The grounds belonging to the old stone mansion
house will eventually — I trust, however, at a distant day —
afford space enough for three more as elegant residences as can be
built in the city. A magnificent estate truly, and yet acquired by
the ancestor of the Hancock family within about a century (1735,
1752, 1759), at a cost of £1,000 province currency, £150 sterling,
and £220 lawful money of Great Britain ; and if " Inquirer " is
right, as he probably is, in estimating the £1,000 at only $333^,
the total cost would have been only slightly above two tJiousand
dollars.
In view alike of the two public edifices which have been erected
on it, and of the distinguished public services of its former pro-
prietor, it never has been and never can be surpassed in interest
by any private estate within the limits of Boston. It is, indeed, a
coincidence no less striking than agreeable, that on one and the
same homestead should stand, as it were, side by side together,
the edifice of our State sovereignty, and the mansion of him whose
signature was first aflSxed to our national charter.
Geeaner.
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** Gleaner" Articles. 163
liVn.
SEWALL'S ELM PASTURE.
October 4, 1865.
Mb. Editor : — Who ever heard of " Sewall's Ehn pasture," or
of Coventry street, Sewall street, and Bishop Stoke street? Some
of your readers, who are in a state of ignorance on these points,
may, perhaps, be glad to be enlightened.
West of Bosworth's passage-way to his pastures, afterwards
Belknap or Joy street, came a 5-acre pasture, derived under Rich-
ard Truesdale and Thomas Millard. In Book of Possessions
(f . 62) Richard Truesdale*s possession is three-fourths of an acre,
bounded on the Common south, Nathaniel Eaton north, Bos worth
west, and Thomas Millard east.
Thomas Millard's possession was half an acre, bounded with the
Common south, Richard Truesdale west, Thomas Scottow east
and north. Zacheus Bosworth's possession (f . 63) was two acres
in the new field, bounded with the Common south, Richard Trues-
dale east, Jane Parker west, Wm. Wilson and John Ruggles north ;
also 1^ acres bounded with Thomas Millard south, James Johnson
north, Edward Dennis east, and Richard Sherman west. Bos-
worth, as we have seen, conveyed to said Millard one acre,
bounded with Edward . Hutchinson north, the Common south,
Thomas Millard east, and said Zacheus west, October 10, 1651,
— being part of the State-House lot, — and transmitted to his
daughter the whole two acres of the Hancock land west of the
State House. For practical purposes, notwithstanding the de-
ficiency of contents as stated in the Book of Possessions, the
title is safe under the two following deeds to the whole land there-
by conveyed : —
Richard Truesdale and Mary his wife to Thomas Deane — deed
May 14, 1667 (Lib. 5, /. 234). Three acres, more or less, bounded
on the Common south, on Thomas Millard noi*th and east, on
Francis East west, on Thomas Brattle and Humphrey Davy north-
westerly.
Thomas Miller conveyed to said Deane, May, 1768 (Lib. 5, f.
249) , 3 acres bounded on the Common south-west, on Richai-d Cook,
Humphrey Davy, and Thomas Brattle north-west, on the highway
leading to Richard Cook's north-east [i.e., Joy street], and on
said Deane south-westerly.
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164 City Document No. 105,
These two purchases would seem to be 6 acres, but Thomas
Deane and Ann, his wife, sell the same to James Whetcomb, Feb.
11, 1672 (Lib. 8, f. 62) as five acres, more or less, bought partly
of Traesdale and partly of Miller, bounded south-westerly on the
Common, on Cook, Deane, and Brattle north-west, on Francis
East west, on the highway from Cook's to the Common north-east-
erly.
Whetcomb conveyed it to Wm. Hawkins as earjy as 1678, and
Wm. Hawkins and Anna, his wife, conveyed to Ephraim Savage,
1690 (L. 15, f. 46), as " formerly purchased by said Hawkins of
James Whetcomb." Ephraim Savage and Elizabeth, his wife, con-
veyed to Samuel Sewall, April 2, 1692 (L. 15, f. 183), as five
acres, more or less, bounded south on the Common 28 rods 9 feet,
west on Francis East 27J rods, north on Cook, Davie, and Brattle
33 rods, and east on the lane leading to Mr. Cook's 22^ rods.
Hon. Samuel Sewall was husband of Hannah, daughter of Hull,
the mintmaster. She died, and he mortgaged to Joseph Wads-
worth, town treasurer, the west part of this pasture, in 1721 (L.
35, f. 201), to secure an annuity of £5, payable every 2d of April,
" " for the use of the School at the South End of Boston of the
upper End of Pond Street so called, whereof Ames Angier is now
Writing Master, which School is not far distant from the Place
where Mr. John Sanford, a Pious, Skilfull and Prudent man,
formerly taught School, and whose Scholar the said Hannah was,
and of whom, with Pleasure, she frequently made mention." Lest
the residents on Beacon street should feel alarmed as to this rent
charge of £5, I will mention that it was released by the town to his
heirs. He married Mary, widow of Robert Gibbs, 1721 (Suffolk,
Lib. 36, f. 59), and died seized of this pasture in 1729.
This pasture may be set down as an investment of some of Mr.
Hull's '' shillings," though not made by himself personally. Con-
sidering the number of them which Judge Sewall received with
his wife, and which made him one of our ^Vealthiest citizens, the
donation above mentioned was not, in itself, a munificent endow-
ment of our public schools, nor, viewed as a parting tribute of
affection to the memory of the wife of his youth, when, in his old
age, he was just taking another helpmate, can it be considered as
involving any very lavish expenditure.
Gleaner.
» We have ventared to giye an exact quotation from the original deed, at this
place— W.H.W.
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''Glbanbe" Abtiglbs. 165
liVni.
STREETS ON PAPER.
October 8 J 1855.
Me. Editoe: — Judge Samuel Sewall died, as we have seen, in
1729. By the law, as it stood till** the eldest son took a double
share. He left three children : Samuel, the eldest son ; Joseph ;
Judith, the wife of William Cooper ; and the four children of a
deceased daughter, Elizabeth, wife of Grove Hurst, viz. : Mary,
wife of William Pepperell, Jr. ; Elizabeth, wife of Charles Chauncy ;
Hannah, wife of Nathaniel Balston ; and Jane, wife of Addington
Davenport. These heirs selected referees to divide this pasture into
lots, and they then drew for a choice, and executed mutual releases
( 1 732 ) . There was laid out a 35 -feet street parallel to Beacon street,
and 170 feet north of it, which street extended westerly from Bel-
knap street 464 feet. There were also opened two streets run-
ning northerly from Beacon street, 25 feet by 170 feet deep. The
first of these was 160 feet west of Belknap street, and was called
Bishop Stoke street ; the other was 160 feet further west, and was
called Coventry street.
All these streets I consider to have been virtuaUy, perhaps actu-
ally, only streets on paper. They had no outlet into other lands,
but merely served as access to the several lots into which this past-
ure was divided. They have had no existence in fact, for cer-
tainly the last 60 years. Part of Bishop Stoke street, indeed,
now comes within the lines of Walnut street.
*' Sewall's elm pasture," which began as six acres and shrunk
up to five acres, proved on survey, in 1732, to hold out only 4|
acres. It measured 440 feet on the Common or Beacon street, and
thence extended back, the easterly line diverging, and on the
north forming a very irregular line on Allen's 16J-acre pasture
(afterwards Wheelvrright's, and finally bought by the Mt. Vernon
^ Blank in the original. The act of March 9, 1784, continued the old law, in case
of intestacy. The act of June 8, 1789, repealed the clause, and made all the children
share alike after January 1, 1790. The act of March, 12, 1806, and its successors
haye continued the practice. — "W. H. "W.
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166 Cmr Document No. 105,
Proprietors) . Its greatest depth from Beacon street was at about
the centre, where it measured 490 feet. Some idea of its general
dimensions may be formed by considering that the present square
between Beacon, Belknap, Mt. Vernon, and Walnut streets con-
stitutes just about the easterly half of this pasture.
Without going into the detail of the various deeds of these lots,
the general result is, that all west of Walnut street, as now laid
out, gets united in John Singleton Copley, partly by deeds of Dr.
Sylvester Gardner, in 1770, and partly by deed of John Williams,
in 1773; there being intervening deeds by Peter Lucee, 1744;
Benjamin Bagnal, 1744; Hon. John Erving, 1752; Nathaniel
Cunningham, 1783,* and his son Nathaniel, 1751. These purchases
of Copley included, also, a gore east of Walnut street, which was
subsequently conveyed by him, 1800 (194, f. 116), to Dr. John
Joy, in whom ail the other lots east of Walnut street likewise get
united in 1791-1798.
Great confusion exists among some of the series of deeds of this
easterly moiety of the pasture, and in 1792 a deed was made to
said Joy by John Williams, executor, for £100 (L. 171, f. 255),
which was a mere pretended title. Some time after Mr. Joy
bad bought and paid for it, it is said that Mr. Williams asked him
if he did not want to pay £100 more for another deed, and on Mr.
Joy's asking what he meant, told him that he had still got as much
title left as he had originallt/ conveyed. This very deed, however (as
affording a distinct basis of a possessor}^ title) , became ultimately
of great value ; since it quietly cured all informalities and deficiencies
in the deeds of the true owners. A fine plan of this estate of Dr.
Joy, in 1799, accompanies an indenture recorded Lib. 19^, fol.
198. A small gore of land south of Mount Vernon street comes
under Allen or Wheelwright. All the residue of Joy's land is from
Sewall's pasture. His whole lot finally measured 172 feet on
Beacon sti^eet, 457 feet 4 inches on Walnut street, 305 feet 1 inch
on Mount Vernon street, and 355 feet 8 inches on Joy street, being
about 100,000 square feet.
Gleaneb.
• This date is probably a misprint. — W. H. W.
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'"Gleanee" Abtioles. 167
lilX.
CONDITIONS — EAVES.
October 11, 1855.
Mr. Editor : — Titles to real estate forfeitable by breach of con-
dition are by no means uncommon in Boston, being, however,
chiefly held under deeds made during the present century. Thus
all North and South Market streets, Park street, Colonnade row,
and a large proportion of all the lands on the Neck and elsewhere,
conveyed by the city, are on condition. All Winthrop place is
held under conditional deeds of George Bond. The large Barton
Point estate is held under such deeds from the Barton Point Asso-
ciation. The whole great area of the old Mill Pond lands was so
conveyed. The lots upon Broad, India, and Central streets, with
the other streets in that vicinity, were so conveyed by the Broad
Street Association, or by individuals. The entire mai^inal lots,
and many others, at East Boston are also subject to conditions.
There is great inconvenience, as well as danger, from such titles.
For instance, one large tract is conveyed at East Boston on condi-
tion that no ferry shall be established. Fifty separate house-lots
are sold off with warranty, making no mention of the condition,
the parties supposing that it is inapplicable to any except the re-
maining water-lots ; and yet a breach by this remaining owner
might work a forfeiture of the whole original tract, and destroj' the
titles of his innocent grantees. In one court in this city, a tract,
on which now stand seven dwelling-houses, is conveyed by one
deed, with a like joint condition as to the style of building, — mak-
ing each proprietor liable for the acts of half-a-dozen neighbors.
And this is eslpecially true of many of the city lands on the Neck.
It not unfrequently happens that the mention of the condition (even
when made merely of the one particular lot) gets omitted in later
deeds by mistake, and thus a party may ruin himself unconsciously
by some little violation.
In Gray vs. Blanchard (8 Pick. Rep., 284) land was conveyed
on the condition that " no windows shall be placed in the north
wall of the house aforesaid, or of any house to be erected on the
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168 CiTT Document No, 105,
premises within 30 years from the date hereof," and the breach of
this condition forfeited the entire estate.
How great a risk may be run fmm this cause will be apparent by
considering the following adjudication : —
In 8 Gushing, 150, Millet vs. Fowle, it was decided by the
Supreme Court that the expression in a deed " four feet from the
northerly side of the building," means four feet from the extremest
part of the building, and therefore from the eaves. In other words,
that eavesy as they project over the front or side of a house, are the
extremest part of that front or side of the building.
Now, there are many long ranges of estates in Boston, where,
for the purpose of uniformity, conditions were originally imposed,
the breach of which would work a forfeiture. One of these condi-
ons always prescribes the front of the houses (as that the front
of every building erected shall be, 6 feet or 10 feet back from the
line of the street) . The main walls are accordingly placed on that
exact line. Under the above decision, if the eaves^ or, as it would
seem, even the window-sills or caps, project an inch, it works a for-
feiture, because the extremest part of the front of the house must be
at the distance prescribed.
I verily believe, therefore, that every estate in Boston, which has
heretofore been conveyed on such a condition {and the city are mak-
ing such conveyances every day) , has been forfeited under the above
decision. Or, in other words, that the above decision strictly carried
out would defeat many hundred honest titles.
It is undoubtedly a sound rule of law that in all cases of reasona-
ble doubt a deed is to be construed most strongly against the
grantor. This has been applied, and I think rightly, in an extreme
case (Saltonstall vs. Long wharf), where a little store lot, 18 feet
on State street, was conveyed, bounded east on the sea or flats, and
the deed was held* also to pass all the flats to low-water mark along
the whole south side of Long wharf, because, by the use of two
words, one of which passed the flats, and the other which excluded
them, a reasonable doubt arose as to the grantor's intent, making
this rule of construction applicable. But it seems to me that in the
class of cases above referred to there is no such reasonable doubt of
the intent. The side — the front — the wall — of a house means
the main, general line of such side, front, or waM, — not those little
petty projections, such as window-caps or sills, always added for or-
nament ; or the more indispensable eaves, required alike for the effect-
ual support of the roof, and the symmetrical finish of the structure.
I have thus far considered the above decision as erroneous on
general grounds, and even assuming that the Court were correct iu
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*' Gleaner" Articles. 169
holding ejLves to be part of the side of the house over which they
project. But Webster's Dictionary defines "eaves" to be "the
edge or lower border of the roof of the building which overhangs
the walls and casts off the water that falls on the roof." In like
manner, Johnson and Walker's Dictionary, as improved by Todd,
defines eaves as " the edges of the roof which overhang the house,"
quoting Shakespeare for this meaning. I have not thought it
necessary to consult any other lexicographical authorities.
Under these definitions^ of course, a line running 4 feet from the
aide of a building is not to be measured from the eaves, which are
not a part of the side of the building, but of the roof. In other
words, our Supreme Court, as lately as 1851, have decided that
" eaves '* in law means a part of a house wholly different from what
it means by the standard dictionaries of the English language.
Within the past year, indeed, quite a number of elegant new
houses on the Neck were found to be accidentally forfeited to the
city because their bow-fronts projected over the prescribed line,
and on application the forfeiture was released.
Latterly conditions have justly become very unpopular, and
restrictions are imposed instead. This is the case with Pemberton
square, Edinboro' street, the South-Cove lots, etc., where the par-
ties may enter and remove the building, or resort to equity to
compel a specific performance of the agreement. Courts lean
strongly against conditions, as is indeed abundantly proved by the
late case of the Brattle-street Parsonage. While it seems by the
case of Austin vs, Cambridgeport, etc. (21 Pick., 215), that if a
condition be created by deed, the grantor may lawfully devise such
interest, and a subsequent breach will give the estate to his devisee,
such devise not being too remote, and therefore void. And yet in
the latter case, where a testator, by one and the same instrument,
fii*st creates a like condition, and then devises his remaining right,
such devise over is too remote, and therefore void, though to common
apprehension the ultimate devise is exactly equally remote in each
case ; and though wills are avowedly construed more tenderly and
charitably, as to the intent of the testator, than deeds are, because
they are often made in extremis and without the aid of counsel,
and the use of inartificial language is therefore overlooked in view
of the manifest general intent.
A law passed prohibiting all conditions, or all forfeitures for
breach of condition, would, I think, be a good one. Gleaner.
p.S. — Worcester, in his new model dictionary, is as much behind
the age as his predecessors. He defines " eaves " as " the edges
of the roof of a house."
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170 CxTT Document No. 105.
liX.
FREDERICK TUDOR — R. G. SHAW.
October 15, 1866.
Mb. Editob: — Dr. Joy was desirous of gettiag a house in the
country^ as more healthful than a town residence, and he selected
this locality as "being country enough for him." There were,
indeed, then but two houses west of the square, which he purchased
— one of them occupied by Charles Cushing, Esq. ; the other by
"Master" Vinal, both standing on the Copley estate. The bar-
berry-bushes were flourishing over this whole area, as they now
do on the hills of West Roxbury. And he was right in believing
that nowhere else could he inhale purer breezes than those which
were wafted across the Boston Common and the river that then
washed its borders. There were then no noxious exhalations
from the " Back Bay " ; and they do not, indeed, even now, reach
as far as this favored spot.
The prices paid by Dr. Joy were £100, £66 13s. 4d., $500 and
£337, or about 82,000. There now stand on this land twenty-two
dwelling-houses, among which are many of the very finest in our
whole city. Its whole present value cannot be less than half a
million of dollars. Dr. Joy sold off all the westerly and most of
the northerly portions, retaining for his own occupancy the south-
east part of the estate, measuring 97 feet on Beacon street, and
254 feet 7 inches on Belknap street, now called Joy street. On
this he erected a modest and graceful wooden dwelling-house,
which was eventually removed to South Boston Point, where it is
still, or was recently, standing, on land of Benjamin Adams, Esq.
Here he lived till his death, in 1813. He left a widow, Abigail,
and two children, Joseph G. and Nabby ; and, in 1833, this
reserved lot was sold b}' his heirs for $98,000, and upon it were
erected three dwelling-houses on Beacon street and the four
southerly houses of the block on Joy street.
The corner estate on Beacon and Joy streets (land and build-
ing) is supposed to have cost Israel Thomdike $90,000. It was
subsequently purchased by the late R. G. Shaw for $50,000, and
was the mansion-house estate occupied by him at his decease. It
has been since bought by Frederick Tudor for 870,000, who still
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"Gleaner" Articles. 171
owns and occupies it. The adjoining house on Beacon street
belonged to the late Samuel T. Armstrong, in whose mayoralty it
was, I believe, that the iron fence was completed around the Com-
mon, and whose signature, as Lt. Governor, gave validity to a
new code of laws, the Revised Statutes of the Commonwealth, in
1836.
The only natural productions of New England, as has been well
said, are ice and granite. It is to the wisdom and intelligence,
and above all to the indomitable energy and perseverance, of Mr.
Tudor, that the first of these articles has become a mine of wealth
to the community, far more precious than the richest "placers"
of California. It is, I believe, a favorite theory of political econo-
mists that a nation is on the road to ruin when the value of its
imports exceeds that of its exports. But the fallacy becomes
manifest when a cargo of Mr. Tudor's ice — worth almost nothing
here except the labor of collecting it — is sent abroad to the pant-
ing and perspiring denizens of the tropics, or to refresh the natives
of even distant India, and is there exchanged for a precious
freight of costly spices and merchandise.
I remember to have heard with much interest an account of the
first shipment of ice to India, from the gentleman who went with
it as supercargo. He described the naive astonishment of the
natives as they took into the palms of their hands little particles
of ice, and watched them slowly melt away, — the proceeding
being apparently conducted as cautiously as if they had been
handling live coals, — and the formal entertainment given by the
Governor General, Lord William Bentinck, as an appreciative
acknowledgment to those who had thus placed within the reach
of a great nation one of the most delightful luxuries of a bountiful
Providence.
All honor to Mr. Tudor for his great discovery ! May his own
prosperity always keep pace with the ruinous consequences which
it has entailed upon New England.**
^Without detracting at all from the remarkable business enterprise shown bj
Mr. Tudor, it is proper to note that the field opened by him has since been closed.
The introduction of ice into Calcutta was, indeed, a priceless benefit to the inhabitants,
and for many years it was a prosperous business for Mr. Tudor and his successors.
But the restless spirit of invention has discovered means of producing ice there at a
less cost than that of importation from New England, and this paiticular traffic is a
thing of the past. On the. other hand, the demand for ice within our own territories
has so increased that the business has developed beyond the wildest dreams of its
originator. Mr. Tudor died February 6, 1864, aged eighty years ; and his widow died
March 9, 1884, aged sixty-nine years. — W. H. W.
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172 City Document No. 105,
Nor was Mr. Shaw a less remarkable man in his way. Ever
extensively and actively engaged in commerce, cautious when he
seemed to be most bold and daring, he displayed a uniform
sagacity, which, in its results, was as advantageous to himself as it
was to the community. The public spirit which he displayed
through life was also manifested by munificent charitable be-
quests and endowments, which will make his name known and
honored long after the wealth that he won for his heirs shall have
passed away, and the memory of his useful career as a citizen shall
be forgotten.
Gleaner.
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''Gleaner" Articles. 173
LXI.
ROBERT G. SHAW.
October 20, 1&55.
Me. Editor : ^— My last article closed with a brief allusion to
the late R. 6. Shaw, Esq. It is well known that, before his death,
he became a convert to spiritualism. While he showed his accus-
tomed shrewdness in all business transactions, he yet implicitly
believed that he had daily communications with deceased relatives,
and derived from this belief the greatest satisfaction and consola-
tion. That such a man should have arrived at such a result would
of itself imply that he must have witnessed phenomena that tended
to justify it. These phenomena may, perhaps, be satisfactorily
explained by another hypothesis. President Mahan has recently
published a very able volume, having this object, and in which he
considers as incontestable the facta testified to by so many credible
persons, and many of which he had himself witnessed.
Within the past year circumstances led me to take much inter-
est in this subject. Designedly omitting to read anything in rela-
tion to it, I determined to observe for myself. The use of a pencil to
point at the letters of the alphabet having been suggested in some
quarters as a source of unconscious error (inasmuch as a person
may involuntarily pause longer upon the right letter than upon
others, -=- a circumstance of which an intelligent and observing
medium might take advantage) , I latterly dispense with entirely,
in the following manner : A printed card contained the letters of
the alphabet in three lines of 8 letters each. I asked that the raps
should be made 1, 2, or 3 for the line at which I was to look, and
then, after a slight pause, that further raps should be made, from
1 to 8, for the particular letter meant in that line. The effect was
as if the particular letter had been at once called out viva voce
without any instrumentality of my own.
I have in this way often obtained a series of pertinent and coher-
ent answers to mental questions, without a single mistake, through
a session of Jtwo hours. This demonstrated to my satisfaction that
a power of thought-reading existed somewhere, residing in, or
Digitized by -VjOOQ IC
174 Cmr Document No. 105.
proved by, the agency which caused the raps, whatever that agency
might be. Whether this is a mesmeric or a spiritual manifestation
is the question discussed in Mr. Mahan's volume. He adopts the
former theory. Whatever may be the true explanation the inves-
tigation is one of intense and absorbing interest.
As far as my own experience goes, the raps have always pur-
ported to come from the spirits of deceased persons, in natural
terms of relationship or endearment, and in their accustomed
modes of expression ; sometimes from persons long since dead, who
had not been in my thoughts for years. I have never been able to
get any as from living persons, Mr. Mahan, however, has a mass
of testimony to the contrary. These raps (as from particular
spirits) I have always found marked by individual peculiarities
signally appropriate, and identifying them from all others, by loud-
ness or gentleness, rapidity or slowness, by their prolonged or
abrupt character. One spirit, indeed, always announced himself
by a creaking corkscrew rap in the leg of the table, — thus distin-
guishing himself from all others by as marked a characteristic as
those which had made him preeminent among his fellow-men
while living. I have sometimes said mentally ^ " Will all who have
been present rap together?'* and immediately there has ensued
such a tattoo of all these various raps as was truly astonishing, the
corkscrew being clearly noticeable among and above them all.
The mesmeric theory supposes that you get, as it were, a mere
reflection of your own thoughts, belief, or wish, and in a vast
majority of cases such is undoubtedly the fact ; but the answers
which I have obtained have been sometimes wholly unexpected.
Thus, one day last winter, I was passing through Washington
street, and inadvertently went along the sidewalk of a building from
which persons were breaking off masses of ice and frozen snow.
One of these masses fell, and, hearing cries of warning, I shrank up
close to the wall, and it just grazed my shoulder and elbow, and then
shivered to pieces on the sidewalk. I felt that I had had a narrow
escape from certain death. I was then on my way to Mr. Hay-
den's, where I went immediately. No one else was present. I said
meivtcdly^ " What happened to me as I was coming here?" The
alphabet spelt out, " You came near being kiUed." — "How?" —
" By a fall of ice from the roof of a house." — " How did it happen
that it did not fall upon me and kill me?" The spirit purporting
to respond was my fathei-'s. The answer began, ^^ I prote — "
I had supposed that it would state the &ct of mine which saved me ;
but when it began with these letters I supposed it would be, " /
protest I don't know" The answer actually given was, ^^ I pro-
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''Gleaner" Articles. 175
tected you.'' — '» How ? " — " By slanting off the ice." This led to a
series of questions and answers as to the power of spirits over
matter, etc., etc.
So, also, at a session in company with a distinguished clergy-
man of this city, I asked of a certain *^ spirit," purporting to be
present, whether a cei*tain other ^^as there also; 1 rap, or no.
'' Can you get him? " 3 raps, or yes. " Do so, and as soon as he
comes, both of you rap." In a few minutes their raps were heard
accordingly. In the meantime another spirit was communicating,
and had just finished a sentence with the word " oncle." T
remarked aloud to my friend, " You see it is all right except one
letter." I then turned to communicate with the spirit sent for.
Immediately many raps were heard of the same faint and rapid
character as those of my late correspondent. The medium said,
" The one you have been communicating with wishes to say some-
thing more." Whereupon, resuming that communication, the
alphabet spelt out " u," and then left off. I said *' Proceed." 1
rap, or no. I said, "Is that all?" 3 raps, or yes. I reflected
for a moment, and exclaimed, " Oh, you mean that u is the right
letter where I said one letter was wrong ? " Immediately affirma-
tive raps came several times repeated. I said, " Then rap back-
wards from the end of your communciations, once for each letter,
till you get to the wrong letter, and I will strike it out and sub-
stitute u" 5 raps then came, and I changed the o to u, I then
said, ''Is it now right?" and got the same cordial affirmative.
When "ti" came^ I had not the slightest idea that it was to be a
correction of^^o."
This exceptional class of cases is also discussed in Mr. Mahan's
volume ; but, on the whole, I became satisfied that, although Mr.
Shaw may have arrived at an erroneous conclusion, the premises
upon which he acted were by no means a mere absurd delusion ;
but that he, like myself, had witnessed a mystery of nature worthy
of the most careful and exact scientific investigation.
All my articles have been about land, and perhaps this brief
risit to the spirit land may be allowable as one of the series. Tou
will, I trust, at any rate, excuse me for what you may, perhaps,
regard as mere idle speculations, unworthy even of a
Gleansb.
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176 City Document No. 105.
liXn.
URIAH COTTING— SAMUEL APPLETON.
October 25, 1855.
Me. Editor: — The most westerly of the three houses on Bea-
con street built on the land sold by Dr. Joy's heirs, in 1833, is
that owned by B. C. Clark, Esq., an active and intelligent mer-
chant, the author of an interesting pamphlet respecting Hayti.
with which country he has extensive business relations.** West of
his house comes a large lot which Dr. Joy in his lifetime sold to
the late Uriah Cotting in 1806 (L. 216, f. 16). It measured in
front 75 feet on Beacon street, and extended 248 feet on Walnut
street, widening in the rear to 104 feet. I have in a former
article briefiy alluded to Mr. Cotting, who lived and died in the
house in Somerset street there spoken of. When he made this
purchase of Dr. Joy he supposed himself, and on reasonable
grounds, to be one of the wealthiest of our citizens, and accord-
ingly began the foundations of a magnificent mansion, with a
freestone front, occupying the whole site of the two houses be-
longing to the late Samuel Appleton and the late Benjamin P.
Homer. It would have surpassed any house even now existing
among us, and at that time there was no edifice that could have
borne the slightest comparison with it for splendor and elegance.
The lower story was already constructed, when the embargo,
followed by war, took place. Rents declined; real estate fell
exceedingly in value, and he found himself — comparatively,
at least — a poor man. He at once took down the building, and
selling off to Mr. Homer the westerly moiety of the land (and of
other lands which he had bought behind it), he erected on the
residue the elegant mansion now standing, and which he sold to
Mr. Appleton for $30,000, in 1818 (L. 259, f. 244), the lot being
43 feet in front and 330 feet deep. His health soon afterwards
began to fail, and he died of a rapid consumption in 1819 ; and
such still continued to be the depressed state of all kinds of prop-
erty that his estate eventually proved insolvent.
M Mr. Clark died Nov. 16, 1863. His son, of the same name, is still Consul for Hayti
inthiscity.— W. H. W.
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•* Gleaner" Articles. 177
I will mealioQ an anecdote relating to this hoase and to its
original and recent ownership. On the death of the widow of Mr.
Cotting, one of the most estimable and exemplary of women,
which happened but a few years ago, I published in the '' Boston
Courier" a notice of the services of Mr. Cotting, detailing various
extensive improvements which he had planned and executed;
and I concluded by suggesting that perhaps some of our wealthy
citizens, whose own fortunes had been increased by a participation
in his enterprises, might be willing to contribute ^something to
replace to his daughters a small annuity which their mother had
hitherto received under the will of the late Edward Tucker man,
and which thencefoith ceased. The article was copied by another
of our chief joiirnals, and its closing suggestion approved. I
waited first upon Mr. Appleton. He told me the circumstances of
his purchase of this house, saying, '^ I meant to deal at the time
liberaMy with Mr. Cotting, and offered him the amount of what
I thought its actual value, telling him that he might take six
months to find any other purchaser who would give him more. In
a few days, however, he came back and accepted the offer, admit-
ting that nobody else was willing to give so much. He expressed
his great satisfaction at selling it, and his obligation to me for
what he himself considered a full and adequate compensation.'*
Mr. Appleton did not end by saying, *' So you perceive that there
is no reason why / should be thus called upon." " But," he said
to me, '*the estate is now worth more than double that price
(perhaps 875,000), and I will head your paper with J500." This
was more than I had hoped for, though I had never been refused
by him in my life ; but, on the contrary, had always found him a
most *' cheerful giver." Another gentleman, who had been in-
timately associated with Mr. Cotting, at once added his name for
the same sum. Hon. David Sears and others subscribed various
amounts in a like liberal spirit, and I was in the '^ full tide of suc-
cessful experiment," when I received, from the young ladies
interested, instructions to proceed no farther, lest that should
be yielded to my solicitations which would not have been
spontaneously offered as a tribute of respect for their father's
memory.
Mr. Cotting is buried in the Granary burying-ground. The
forthcoming volume of Mr. Bridgman, in relation to this place
of interment, will doubtless be as accurate in its facts and as
beautiful a specimen of letter-press and typography as his similar
volume on the King's Chapel burying-ground, and I cordially
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178 City Document No. 105.
advise all who are interested in '^ historical gleanings" to sub-
scribe for it at once. I am glad that it will preserve in a perma-
nent form what I feel indeed to be but a slight and inadequate
tribute to the memory of perhaps the most distinguished citizen
who has been laid to his rest in that field of death.
Mr. Appleton died in this house, July 12, 1853, aged 87 years.
In youth a village school-master, in manhood an eminent mer-
chant, he found in acts of daily beneficence the best solace for
the infirmities of age. Simple habits, uncompromising integrity,
and a noble public spirit, won for him the\x>nfidence and regard of
the community ; and death gently closed a life that had been pro-
longed and blest by the kindest offices of domestic affection. He
bequeathed a large part of his great wealth for purposes of litera-
ture, science, charity, and religion. A mural tablet in the King's
Chapel will appropriately record his virtues ; but to this spot, where
he lived so long, happy in making others happy, — a spot hallowed
by the grateful prayers of the widow and the orphan, — the annalist
of Boston will point with pride as the home of Samuel Appleton.
Gleaner.
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^Gleanbb" Aetiolbs. 179
liXni.
HISTORICAL.
October 30, 1855.
Mr. Editor : — In our last article we mentioned that Mr. Cot-
ting sold to the late Benjamin P. Homer, in 1816, the south-west
comer lot of Dr. Joy's land. It measured 32 feet on Beacon
street, and 200 feet on Walnut street (L. 250, f. 283). He sold
the rear lot, measuring 66 feet 6 inches on Walnut street, to N. P.
Eussell, Esq., 1814 (L. 243, f. 273), which also subsequently
became the property of Mr. Homer. Mr. Homer had rather more
than his share of the old streets. A strip of 15 feet in width of
old Bishop Stoke street takes half the width of his lot, and old
Sewall street runs across his rear. If these easements could now
be enforced, his lot would certainly be sadly curtailed of its fair
proportions.
He was one of the " solid " men of Boston, and at his death, in
1838, was one of our oldest merchants. His will contained pro-
visions which called for judicial construction, and there are at
least three printed decisions in our reports growing out of it
(2 Met. Rep., 194 ; 5 Met., 462, and 11 Met., 104). The Legisla-
ture also have been appealed to, more than once, to cut the Gor-
dian knot which the law could not untie. One clause of his will
was as follows : " And I do hereby expressly authorize and em-
power my executors, or such of them as shodl take upon themselves
the probate of this vnU, to sell and convey and execute good and
sufficient deeds to convey all or any of. my real estate." He
appointed two executors, both of whom proved the will, and
assumed the trust ; but one of them immediately found that he had
personal interests incompatible with this official position, and
forthwith resigned his trust, and the other acted alone in the entire
settlement of the estate, except only in this first act of proving the
will. A statute expressly authorizing a resignation of an executor
was passed March 24, 1843. The Court, in the case before them,
did not find it necessary to consider the validity of this resignation ;
but they did decide that, if the resignation was valid, the power of
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180 Crrr Document No. 105.
sale could not be exercised by the other executor. In arriving at
this result they adopted the strictest literal construction of the
words, "take upon themselyes the probate of this will,',* which
might perhaps fairly and liberally have been considered as equiva-
lent to " taking upon themselves the settlement of my estate^*' or
" those who shall be the acting executors of my will for the time
being." For the testator certainly had little confidence in them
both jointly and in each of them separately. Looking back upon
the past professional anxieties and perplexities, though I certainly
should not say that I wished that Mr. Homer had never lived
(since that would have involved the loss of several pleasant young
neighbors, belles of the rising generation), I can yet truly say
that I have more than once wished th&t he was still living.
On the rear purchase of Mr. Homer stood the house in Walnut
street, of which the late Dr. George Parkman was tenant at
the time of his murder. Posterity can hardly over-estimate the
intensity of the excitement awakened in the community by his
tragical fate, and by the judicial proceedings which ensued. If I
should select the two occasions of a public character which I have
found more deeply interesting than any others, I should refer,
without hesitation, to the hour when the lovely and accomplished
daughters of Professor Webster, sustained, as they obviously
were, by an entire conviction of his innocence, gave with mingled
calmness and sensibility their modest and touching testimony in
his behalf; and that more awfuLhour, when, nearly at the dead
of night, we had assembled on the same spot to hear the verdict
Tendered, which consigned to an ignominious death one who had
been the instructor of our earlier days, and with whom we had
since continued to be on pleasant terms of social acquaintance
and friendship. The moon was shining serenely and bright as I
went forth from that sad scene ; having looked for the last time on
a fellow-being who, surrounded by the happiest domestic influ-
ences and affections had yet justly forfeited his life ; not, how-
ever, I was willing to believe, for a deliberate, preconcerted, and
cold-blooded murder, but for an act, originally done, as I was
persuaded, under the sudden impulse of deadly passion; but
which, when done, was concealed by a resort to the most fright-
ful expedients of which we have any account \i\ the annals of
criminal jurisprudence.
There was a redeeming grace in the final conduct of Webster,
which much softened the popular feeling against him ; when his
appeal for executive clemency had been made, and made in
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"Gleaner" Articles. 181
vain; when he knew that in a few brief days he must cease
to be numbered among the living, — he addressed a submissive
and penitent letter to an amiable and excellent clergyman, the
near relative of his victim, asking through him the pardon of those
into whose social circle he had brought such deep affliction. He
asked him as a minister of the God of mercy to imitate his Divine
Master, by showing mercy ; as a man to forgive a dying fellow-
man, as he would himself hope to be forgiven. And he at last met
his fate, not with the indifference of a hardened ruffian, but with
a dignified self-possession, — a sustained fortitude and resigna-
tion, such as only true repentance (it would seem) could have
inspired.
Gleakbb.
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182 Cirr Document No. 105.
LXIV.
JOHN CALLENDER AND THE LAW.
November 2, 1855,
Mr. Editor:-^ The north-west corner lot, 60 feet on Monnt
Vernon street, and 103 feet 6 inches on Walnut street, was sold by
Dr. Joy to John Callender, in 1802, and his heirs conveyed to him
a lot adjoining (35 feet 11 inches on Mount Vernon street), in
1821. Mr. Callender was for many jears the well-known clerk of
the Supreme Court. In his younger days he was a person of
much grace and elegance, and traditionally reputed to have been
as good a dancer as one of Queen Elizabeth's Lord Chancellors.
He was a person of much wit and humor. When the full Court
at Washington reversed a decision of Mr. Justice Story, by which
he had claimed jurisdiction in cases of policies of insurance as
being maritime contracts^ he was dining with the Judge, and,
doubtless quite to his annoyance, began to joke about the topic,
playfully suggesting to him that he had better bring a bucket of
salt water into his court-room to sustain the jurisdiction.
'When Mr. Callender built his house the level of Walnut street
was very many feet higher than at present. The authorities cut
down the street, leaving him up in the air. He was put to much
expense in consequence, though his building did not actually begin
to tumble into the pit, as Mr. Thurston's did. Like him he
resorted to the law, and with the like success. The result was the
source of anything but a placid demeanor on his part. Though
himself a sworn officer of the law, I really believe that he was
led to entertain serious doubts as to its being '^ the perfection of
human reason."
The north-east lot, bounded 120 feet on Mount Vernon street,
and 100 feet 8 inches on Joy street, was sold by Dr. Joy, in 1802,
to Anna Dummer Perkins, wife of Thomas Perkins, Esq., and
daughter of William Powell, Esq. She was sister of Mrs. Jona-
than Mason, one of the original Mount Vernon proprietors. Dr.
Joy, in 1805, also sold to her the next 30-feet lot on Joy street.
On the latter lot stands the dwelling-house now occupied by Henry
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"Gleaner" Artioles. 183
B. Rogers, Esq. , whose wife was one of her daughters, and who is so
well known in this community as connected with our chief chari-
table and reformatory institutions, and who was some years since
an Alderman of the city* On her original lot was erected a fine
brick dwelling-house, of large and elegant proportions, in which
she resided till her death, a smaller house being erected on the
westerly side of the lot as the residence of 9inother daughter, Mrs.
F. C. Loring. The mansion house itself has just given place to
three new dwellings erected by Wm. Gray, Esq.
It is under a contract between Mr. Perkins and Mr. Thomdike
that the block of houses on Joy place was set back from the street,
I trust that my friend, Mr. Lewis W. Tappan, will not think me too
personal in remarking that the whole front of his house and part of
that of his southerly neighbor stand on and over the fee of old
Sewall street. This need be no source of alarm or uneasiness.
Indeed I am inclined to think that an ancient squat is rather better
than any other title. There can be no question that from the
beginning of the century to 1831, when Tyler vs, Hammond was
decided, the law, as before acted on and as then settled^ would have
given the soil and fee of this old street to the heirs of Judge
Sewall. It is equally certain that in 1851, by the decision of
Newhall vs. Ireson, it would have been held that the deeds to Dr.
Joy, bounding, as they do, north and south on that street, each
passed to him a good title to the centre of the street ; in other
words, that his title had all along been perfect. Both these cases
related to public highways ; but I am informed that in an unpub-
lished case recently decided (Morgan vs. Moore) the Court adhered
to the last decision, yet refused to apply it to private ways, so
that, after all. Judge Sewall's heirs perhaps would again come
uppermost. But, happily above and beyond all these fkictuating
adjudications, there was a certain /ence put up more than forty years
ago by Dr. Joy, which no adverse claimant can now jump over or
knock down.
The doctrine that a deed bounding on a street, which is a
visible, actual monument, really runs to an imaginary legal line
or monument in the centre of that street (a monument, by the
way, which the Court in 1831 declared had never existed, although
in 1851 they say it had always existed), seems to me founded
on a misconception of what a monument is. I believe that the
rule of ^' monuments governing measurements " is founded on the
idea that a deed should be construed by its language in reference
to actual visible landmarks, such as fences, walls, or streets. In
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184 CiTT Document No. 105.
1831, if a deed bounded by or on a public street, square, or com-
mon, in each case it included no part of such street, square, or
common. In 1851, the Court, in the exercise of their judicial dis-
cretion, saw fit to decide that a deed bounding on a street should
convey a fee simple title to the centre of the street. Why should
not the same rule be applied to all public squares or areas^ Is it
not, indeed, quite possible that a conveyance of land bounding on
Boston Common may legally give to the grantees liberal yard-
room in front of their lots, even to the centre line of the Common
itself ? Such a decision would, a priori^ be no more surprising than
a change of doctrine which has already occurred in relation to
abuttors upon streets.
Glbamsb.
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"Gleaner'* Articles. 185
liXV.
THE COPLEY TITLE — ITS LARGE AREA.
• November 6, 1855.
Me. Editor : — In our walk down Beacon street we have now
the greatest estate in Boston, or The Copley Title. This
is made up of three chief divisions. The easterly portion is com-
posed of the various lots which together constitute the westerly
moiety of Sewall's Elm pasture. This portion i^ about 2 J acres,
and is bounded east on Dr. Joy's land, now Walnut street. It
extends on Beacon street more than 260 feet, including the stone
mansion-house estate of Hon. David Sears, and a gore of the
original garden lot of Mr. Otis, west of it. The westerly boundary
of this portion is a line which meets Mount Vernon street at a
point about 175 feet west of Walnut street, running diagonally
through the lots on both sides of Chestnut street, which formerly
belonged to Madame Swan's trustees.
Next west of Sewall's Elm pasture came a 2^acre pasture of
Francis East, also united in Copley. This extended on Beacon
street to Just about the east line of Spruce street, and the west
boundary of East's pasture extended in a bevelling line to Mount
Vernon street, which street it intersected a little west of the divi-
sion line between the two elegant mansions of Messrs. John E.
and Nathaniel Thayer. These pastures of Sewall and East were
bounded in the rear by irregular lines extending into, and in some
parts to or slightly beyond the north line of. Mount Vernon street.
Finally comes the Blackstone six-acre lot. This bounds south
on Beacon street to the original channel, which was many hundred
feet west of Charles street, or about to the lowest long block of
dwelling-houses now completed on the Mill Dam. On the east
line it extended along East's pasture, and beyond it on land of
Allen or Wheelwright, and to within a few feet of Pinckney
street, to a point which is nearly in the range of the westerly
part of the School-house estate, at the corner of Centre street ; it
thence extended along in the direction of Pinckney street westerly,
so as to include all Louisburg square, till it met a line about 50
feet west of the west line of Louisburg square, where it was
Digitized by LjOOQ IC
186 CiTT Document No. 105.
bounded on the pasture of Zachariah Phillips, on which pasture it
afterwards bounded northerly by a line running to the water.
The dimensions of the southerly lots of Zachariah Phillips's
pasture are so loosely given by the deeds that the extreme
southerly line of that pasture and, of course, the extreme north
line of the Blackstone, or Copley lot, cannot, perhaps, be stated
with precision ; but it extended at least as far as, and probably
north of, Mount Vernon street. And, as we have stated in an
earlier article on Phillips's pasture, the Copley deed, which ran
along towards the water by a line at most 20 feet south of
Pinckney street, was made, by a certain ancient fence, and the
possessory acts and claims under it, to run to the water, and to
sweep across all these southerly lots of Phillips; or, in other
words, the Copley grant was extended by disseisin to a continuous
north line, ranging but a few feet south of Pinckney street.
The result is, that the estate held under John Singleton Copley
embraces all that extensive territory between low-water mark on
the west, the Common south, W alnut street east, and Mount Ver-
non street north, as far as the east line of the house of William
Sawyer, and then including that house and the land behind it, and
all Louisburg square, etc., west of it. It extends, by a northerly
line nearly coinciding with Pinckney street, to low-water mark.
The 6 acres of Blackstone, the 2^ of East, and the 2^ of Sewall,
make a total of 11 acres of upland; and if to this we add the flats,
a large portion of which have been filled up for over 40 years,
there is a grand total of certainly not less than 20 acres, and, cov-
ered as it now is with splendid private residences, it far surpasses
in value even the magnificent estate of Gk)vernor Hancock, with
its costly public edifices.
Gleaneb.
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''Gleaner" Aetiolesu 187
LXVI.
EAST'S 2J-ACRE PASTURE.
November 9, 1855.
Mr. Editor : — Before proceeding to make any remarks on the
paiiicular houses standing upon the Copley lot, it will be more
convenient to trace the several purchases made by him, and which
were included in his sale to the Mount Vernon proprietors.
We have already stated that he acquired the westerly moiety of
Sewall's Elm pasture, or about 2^ acres, by deeds, in 1770-1773,
swallowing up or fencing in all Coventry street and the westerly
part of Sewall street. The westerly lots of this Sewall land are
included in the deed of Dr. Silvester Gardiner to Copley, July 5,
1770 (L. 117, f. 129), the boundary being westerly, on land of
said Copley^ 467 feet 8 inches, and north-west, on land of Jeremiah
Wheelwright (t.e., the Allen pasture), 127 feet 4 inches. The
earlier deeds of these same lots among the Sewall heirs, 1732 (L.
47, f. 192-194), bounded west on land of Banister.
Now, next west of this Sewall land came the original possession
of Francis East, who must have owned as early as 1667, being
named as an abutter in a deed recoi*ded in Lib. 5, fol. 234. In
the town records is the following entry: '' July 1, 1678. In
answer to the desire of Francis East to have recorded in the
Towne book a tract of land containing about 3 acres, bounded
with Capt. Brattle north [he sold to Allen, &c.] ; the towne's
Common, south ; the land of Nathaniel Williams, west [i.e., the
Blackstone lot], and the land of William Hawkins, Sen. (Haw-
kins owned Sewall's Elm pasture) , on the east, which was formerly
a towne grant and no record appearing^ having been long in pos-
session of said East^ now ordered that this record be made thereof."
(Boston Records, Lib. 2, fol. 116.)
It would seem that Francis East died, leaving a son Samuel, who
died seized of this pasture in 1693. His widow, Mercy East, as
administratrix under license of the Superior Court of Judicature,
at term 1693, sold the same to Thomas Banister^ by deed dated
Nov. 24, 1694 (L. 17, f. 23), ^Hwo acres and near an AaZ/ bounded
Digitized by LjOOQ IC
188 Crnr Document No. 105.
east on Samuel Sewall, south on the Common, west on Capt.
Nathaniel Williams (i.e., Blackstone lot), north on Nathaniel
Oliver (who sold to Allen), measuring on the east side 26 rodd
and 11* feet, on the south side 12 rodd 13 feet, on the west side 85
rodd and 11 feet, and on the north side 14 rodd and 8 feet." Sam-
uel East, as eldest son of the intestate, released to said Banister
all his right by deed, indorsed on and recorded with the above.
The definite measurements in this deed have enabled me to fix
with precision the lines of this pasture, notwithstanding it comes
in the centre of Copley's estate, and the westerly lot purchased by
Copley has no measurements whatever. If this deed had given no
measurements it could only have been a matter of '^ guess " what
was the exact westerly boundary line of this pasture, or, in other
words, the exact easterly line of Blackstone's 6-acre lot. Mr.
Banister, the grantee in this deed, acquired also the Blackstone
lot, making his whole ownersMp 8j- acres. And the title from
him I shall trace down, after first getting that purchase into him,
in a subsequent number.
Gleaneb.
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"Gleaner" Articles, 189
liXVII.
HISTORICAL.
November 12, 1855.
Mr. Editor : — In our last article we traced into Thomas Banis-
ter, in 1694, the East pasture of 2^ acres, bounded west on land
of Nathaniel Williams. Now, we long since called upon William
Blackstone, and have seen that the town granted to him 50 acres,
and that when he sold out to the town all his right in the same
and in all lands on the peninsula, he retained to himself a 6-acre
lot, which he subsequently sold to Richard Pepys, while the town,
in 1640, passed a vote not to grant any more house-lots within
certain limits ; the consequence of which vote was the Boston Com-
mon, which was doubtless, in great part, the residue of the 50
acres granted to Blackstone. We have also referred to the cele-
brated depositions of Odlin and others (and of Anne Pollard,
1711, L. 26, f. 84).
From the deeds of Cole to Phillips, 1658, and of Phillips to
Leverett and wife in 1672, of the Zachariah Phillips pasture in
the rear, it is certain that in 1658 this 6-acre lot belonged to
"Nathaniel Williams," and that, in 1672, it was ''the occupa-
tion of Peter Bracket, or other successors of Nathaniel Williams,
deceased." In 1638 there is a town grant in the new field near
Mr. Blackstone's (Records, f. 64, 27th 12th 1642.) William
Colbron and Jacob Eliot are appointed to view a parcel of land
toward Mr. ElackstorCs beach, which Richard Peapes [i.e., Pepys]
desires to purchase of the Towne, whether it may be conveniently
sold to him.
(Vol. 4, f . 6 .4) RichardPepys and Mary, his wife, of Ashon, Essex
County, conveyed to Nathaniel Williams, by act dated January 30,
1655, expressly referred to in the deed of 1676, hereinafter men-
tioned. Williams died, and his widow Mary married Peter Bracket
before March 6, 1664 (see deed in 4, f. 264), and Peter Bracket and
Mary, his wife, late widow of Nathaniel Williams, in consideration
of her natural love to Nathaniel Williams, and Mary Viall, chil-
dren of said Mary by her first husband, conveyed to them, three-
quarters to said Nathaniel and one-quarter to said Mary, by deed
of gift, AprU 14, 1676 (L. 9, f. 325), *« all that messuage with
Digitized by LjOOQ IC
190 City Document No. 105,
the bames, stables, orchards, gardens, and also that six acres
of land, be it more or less, adjoining and belonging to said
messuage, called the Blackstone lot, being the same which
were conveyed to said Nathaniel by Richard Pepys of Ashon^
Essex County, and Mary, his wife, as by their act, bearing date
Jan. 30, 1655, more fully will appear."
There being no description in this deed, the land might be at
Barton Point as well as at Beacon street ; but, independently of
the depositions referred to, the deeds of the adjoining pasture of
Zechariah Phillips in 1658-72 fix the lands of Nathaniel Williams
in 1658, and in occupation of Peter Bracket, etc., in 1672, to be
in this precise locality.
I am sorry to say that I have never succeeded in getting Mrs.
Viall's one quarter part into her brother by any deed on record.
But, as few men are so depraved as to rob a sister, I am charitable
enough to believe that he bought her out honestly, though he may
have omitted to record his deed. At any rate, his present suc-
cessors will probably feel that they are now, as a practical matter,
reasonably safe under the following deed, viz. : —
Nathaniel "Williams, and Sarah his wife, in consideration of
jCISO in the present current money, conveyed to Thomas Banister
yb warranty deeds Jan. 29, 1708-9 (L. 24, f. 103), all that his,
the said William's, certain orchard and pasture land, containing in
the whole, by estimation, six acres, or thereabouts, be it more or
less, situate, lying and being at the lower or north-westerly side of
the Common, or Training Field, in Boston aforesaid, being en-
closed and within fence, and the flats lying against the same down
to low-water mark; The said upland and flats being butted and
bounded on the northerly side in part by Charles river or a cove,
and partly by the lands of John Leverett (i.e., Phillips pasture)
and James Allen, on whom also it abuts to the north-east, bounded
easterly in part by land of the said James Allen, and partly by
the land of the said Thomas Banister, (i.e. East's pasture ) , and
southerly by the Common or Training Field, or however otherwise
the same is bounded or reputed to be bounded ; together with all
the trees, stones, fences, banks, ditches, waters, and water-courses
therein or thereabout, and belonging thereto, rights, members,
hereditaments, profits, feedings, privileges, and appurtenances
thereof.
Seventy-two dollars an acre for upland, with the flats thrown in,
is rather cheap for land on Beacon street, even 150 years ago.
Gleaneb.
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'^Gleaner" Abtigles. 191
Lxvm.
HISTORICAL.
November 16, 1855.
Mr. Editor: — In 1709 we have seen that Thomas Banister
had purchased both the East and the Blaekstone lots, making to-
gether 8^ acres of upland. The name of ^^ Mount Pleasant," so
familiar to our Boxbury neighbors, was given also to this estate.
I once saw a very large and accurate plan in the possession of
the Mt. Vernon proprietors, made 60 or 70 years ago, which was
entitled by the surveyor, in large and elaborate letters, a plan of
^^ Mount Hoardam." This struck me as a very ingenious and
modest way of conforming to the then popular nomenclature of
the spot, without giving offence '' to ears polite."
Banister died, leaving a will dated Jan. 25, 1708*9, and codicil
dated July 13, 1709 ; and his wife died in 1711. By his will he
devises to his three sons, Thomas, Samuel, and John, ^' and if
either die without heirs lawfully begotten in wedlock, I will their
share or proportion to the surviving sons or son and their heirs for-
ever."
Besides these three sons the testator left an only daughter,
Mary, wife of Giles Dyer. John died without issue in Great
Britain, June 30, 1714. Thomas died Sept. 12, 1716, leaving issue
five sons and a daughter, and Samuel died without issue, Feb. 28,
1744.
In 1713 Samuel and John had made Thomas their attorney (L.
28, f. 151), who for himself, and "as such attorney," after the
death of one constituent, and by deed not executed in the names
of either constituent, conveyed to Giles Dyer (28, f.l52), who
covenanted to reconvey on certain payments (lb., f. 153). Said
Thomas, for himself, and ^^as attorney of Samuel," reciting the
death of John, conveyed to said Dyer, Dec. 10, 1714 (L. 28, f.
242), other lands ; ^' also the one moiety or half part of all that
tract or parcel of land in the town of Boston aforesaid, bounded
easterly on the Common or Training Field, containing by estima-
tion about eight acres, and known by the name of Mount Pleasant,
in the tenure or improvement of John Langdon, butcher." Did he
have a slaughter-house on the premises?
Digitized by LjOOQ IC
192 City Document No. 105.
And Giles Dyer, reciting these two deeds of Thomas Banister
to him, for £1,000 consideration conveyed to Samuel, June 21, 1717
(L. 32, f. 1), " all the housing lands, tenements and real estate
granted and sold to me the said Giles Dyer in and by the said two
deeds" (except other land). I am sorry to say that I find two
mortgages of Samuel Banister, one for £250 in 1716 (L. 32, f.
1), the other for £200 in 1719 (L. 83, f. 261), both undischarged.
He made a final mortgage for £1,850 to Nathaniel Cunningham by
warranty deed, Dec. 28, 1733 (L. 48, f. 53), under a foreclosure of
which the absolute title was claimed by Cunningham.
The description in the deed to Cunningham was as follows:
"All that his the said Samoel Banister's certain tract or parcell of
land which is now improved as a garden, and enclosed within fence
with the dwelling-house thereon standing, situate, lying and being
at the lower or north-westerly side of the Comon or Training
Field in Boston aforesaid, containing in the whole, by estimation,
eight acres and an half or thereabouts, and be the same more or
less, and the flatts lying against the same down to low-water mark.
The said upland and flatts being butted and bounded as foUoweth,
viz. : southerly or south-easterly on the Comon or Training Field ;
on the north-westerly side in part by Charles river, or a cove, and
partly by the lands of the late John Leverett, Esq., and Mr.
James Allen, both deceased, their heirs or assigns, on whom also
it abutts to the north-east, and easterly by land of the- heirs or
assigns of the late Samuel Sewall, Esquire, deceased, or how-
ever otherwise butted and bounded," etc.
Nathaniel Cunningham died, and by will, dated May 1, 1740,
proved December 27, 1748, made his son Nathaniel residuary
legatee, who was appointed administrator with the will annexed,
and died in 1757, Peter Chardon being administrator. His inven-
tory mentions " a house, land, and pasture at the bottom of the
Common, occupied by Mr. Chapman and others, containing 8|
acres, £250" (L. 53, f. 61). So that less than a century ago
land in Beacon street (flats thrown in) was worth but 97 dollars
an acre.
Gleaneb.
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"Gleaner*' Articles. 193
liXEX.
[COPLEYS TITLE. — Oontinued.''']
November 19, 1855.
Mr. Editor: — ^We left in Nathaniel Cunningham, deceased,
under the administration of Peter Chardon, in 1757, the 8} acres of
upland, with the flats, composed of the East pasture of 2 j^ acres
and the Blackstone 6-acre lot. Under the will of the old owner,
Thomas Banister, who had devised, in 1709, in tail to his three
sons, with cross remainders on their death without issue, claims
were repeatedly set up. Thus, in July, 1750, John Banister, Sam-
uel Banister, and Wm. Bowen, and Francis,' his wife, grandchil-
dren of said testator, brought an ejectment against Cunningham,
which was decided in favor of tenants ; and in August following
the jury on appeal gave the same verdict. In February, 1753, the
same demandants brought a writ of review before the Superior
Court, and in August following the jury found a special verdict ;
and in March, 1754, the Court, after a full hearing, gave judgment
in favor df the tenants. In January, 1765, John Banister brought
his writ of ejectment, which was carried to the Superior Court by
demurrer, and dropped by his death, which took place Nov. 10, 1767.
And now, during the lull that ensued, as is alleged, '^ on Jan-
uary 18, 1769, Peter Chardon, Esquire, as executor of Nathaniel
Cunningham, executed a deed of conveyance to John Singleton
Copley of these premises." No such deed, however, is found on
record ; and, more than that, the proceeds of the estate were not
accounted for in the Probate Office by Mr. Chardon, as adminis-
trator, with the will annexed.
On March 29, 1769, John Banister, of Newport, brought an
ejectment against Ephraim .Fenno. At the Inferior Court of
April, 1769, said Copley was vouched in as defendant, and the
case was carried by demurrer to the Superior Court, and decided
in Colpey's favor.
The late Hon. Robert T. Paine, on January 31, 1809, gave his
deposition in perpetuam for Messrs. Mason and Otis, in which he
"This title is supplied by me, as the original is styled simply " Historical." —W. H. W.
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194 City Document No. 105.
states that " in 1769 he was counsel for Mr. Copley in this last
suit ; that he preserved a bundle of minutes, among which is the
statement of title (of which the particulars are above noticed, in-
cluding the mention of the deed to Copley) , which he has no doubt
was given him by said Copley or by Samuel Quincy, his counsel,
and which he has no doubt is a true abstract of Copley's title as
derived from Thomas Banister, and was prepared from the docu-
ments to be used in said trial ; that he believed the question of
title under Cunningham was not in dispute^ but was acknowledged,
and it was expected that the cause would turn upon the question of
cross remainders, under Thomas Banister's will, and that the
cause was determined in favor of Copley; that he knew the
premises in 1760, and pastured his horse there; that Ruth Otis,
wife of James Otis, was living in Boston, and he an eminent law-
yer, knowing the demand of Banister, and arguing a case aris-
ing under the same will, and that from and after the verdict of
Copley, I always understood that the premises were his property
till I heard that he had sold them, so that they came to the pos-
session of Messrs. Mason and Otis " (221, f. 107). This Banister
family owned a valuable estate on the south side of Winter street,
which, from that circumstance, was long known as " Banister's
Lane."
It will be remembered, also, that the deeds of the westerly lots
of Sewall's Elm pasture, bought by Copley in 1770, bounded west
on this land, as then belonging to said Copley. It will also be
remembered that there are two volumes of deeds missing, in one
of which we may charitably suppose Mr. Copley's deed to have
been recorded. Another valuable tract of the Leverett-street
lands, formerly belonging to the same Mr. Cunningham, is also
held under a deed from Mr. Copley, in 1771 (L. 119, f. 191),
though there is the same absence of any deed to him.
This want of any record title in Copley, as to these whole 8 J
acres, eventually proved a very serious source of trouble to his
grantees. Gleaneb.
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^•Gleaneb" Abtioles. 195
LXX.
COPLEY'S SALE IN 1795.
November 23, 1856.
Mb. Editor: — We left John Singleton Copley the owner in
1769*1773 of the whole three estates held under Sewall, East,
and Blackstone, making together 11 acres of apland with the
flats ; there being this little omission, that he had no deed on
record of 8^ acres out of the 11, with all the flats ; or, as perhaps
it may be better stated, a record title to only the easterly 2J acres
out of 20 acres of upland and flats. Mr. Copley was the most dis-
tinguished portrait-painter of America, uuapproached by any
successor except Stuart. The exquisite satin of his ladies* dresses
and delicate tints of his luscious fruits gave great additional value
to paintings which have preserved, in the most life-like manner,
for the delight of a distant posterity, the fair and intelligent faces,
the lovely or manly forms, of a past generation.
Mr. Copley removed to England, and Gardiner Greene, Esq.,
was his agent. Messrs. Jonathan Mason and H. G. Otis made a
contract for the purchase of this estate, through the agency of Mr.
Greene. "When the deed was sent out for execution, Mr. Copley
had ascertained that the State House was to be located near his
estate, which, of itself, greatly enhanced its value ; changing its
character from mere pasture land on the outskirts of Boston to a
central estate, extremely desirable for residences. He felt that
important information had been withheld from him and from his
agent, and refused to sign the deed. A bill in equity was brought
to enforce the contract for sale. He probably found that there
was no chance of escape, and the result was that he executed a
letter of attorney to his son, — since Lord Chancellor Lyndhurst,
— dated in October, 1795, which was recorded February 24, 1796
(L. 182, f. 182).
A gentleman of this city, now among its senior naembers, mem-
tioned to me a few days since, that a lady, now deceased, once
remarked to him that she attended a ball at the house of the late
D. D. Rogers, before her marriage, and that young Mr. Copley
Digitized by LjOOQ IC
196 City Document No. 105.
was present. That house, like all its neighbors, stood at some
distance from the street, and was approached by a high flight of
steps. On this occasion the same difficulty occurred as at Grov-
ernor Bowdoin's dinner-party ; but, of course, a young lady in a
ball-dress could not resort to the same mode of escape as did the
guests of His Excellency. On the contrary, notwithstanding the
devoted services of her future husband, she made an involuntary
and decidedly precipitate descent towards the street, — a circum-
stance which had impressed this occasion distinctly on her memory.
Mr. Copley's son and attorney came out to this country, having
recently completed his professional studies, and said Copley, " now
of George street, Hanover square, in the Kingdom of Great Brit-
ain, Esquire," acting by said attorney, for the consideration of
$18,450 conveyed to said Mason and Otis by deed of release
(reciting a previous lease for one year, being what is known as a
conveyance of lease and release), dated Feb. 22, 1796, recorded
in Lib. 182, fol. 184.
No deed of any lands in Boston within a century will compare
with this in importance. The description is, " All that tract or
parcel of land situated in the westerly part of Boston aforesaid,
bounded as follows : Southerly by a line abutting on the Common
or training-field, running from the southern extremity of a fence
erected by Doctor Joy ; easterly by the said fence of said Doctor
Joy ; northerly by a line running from the northern extremity of
the aforesaid fence ; north-westerly 85 feet or thereabouts, abutting
on Olive street ; then by a line running south-westerly 120 feet or
thereabouts, abutting on land formerly belonging to Jeremiah
Wheelwright, Esquire ; then by a line running «orth-westerly 220
feet or thereabouts, and abutting on land formerly belonging to
said Wheelright; then by a line running north-westerly 217 feet,
abutting on land formerly belonging to said Jeremiah Wheelwright ;
lastly by a line running north-westerly towards the water, together
with all the flats lying before the same, down to low-water mark,
&c., &c., or however the same may be butted or bounded." No
reference to title, and no statement of contents.
Taking into consideration the upland and flats both, this pur-
chase is at a considerably less rate than $1,000 per acre. Indeed,
I have very little doubt that it conveyed at least 13 or 14 acres of
upland^ since his description tmoards the water being construed as
meaning to the water, and being confirmed by a fence erected
according, carried the line, as we have before stated, across the
rear lots of Zachariah Phillips' pasture, and formed a basis of a
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"Gleaner" Articles. 197
disdesin title to quite an additional number of acres of upland and
flats, though it also contained the germ of one of the most cele-
brated and important lawsuits known in our day.
Ck>pley personally executed a confirmatory deed, with release of
dower, dated April 17, 1797 (L. 191, f. 168), which is not
acknowledged. It is made to Mason and Otis and Mr. Joseph
Woodward, who for $5.00 released to them by deed in 1817 (L.
255, f. 246).
The description in this deed from Copley is as above, except
that the corner of Dr. Joy's fence is said to be 185 feet from
George, or Belknap, street, and that said fence runs at right angles
with the southerly line of said Joy's land on Beacon street.
Thus it seemed that this great purchase was consummated in a
manner satisfactory at least to the purchasers; but there was
further tribulation and anguish in store for them. The ligitation
of the middle of *the last century was to be again renewed on the
same extensive scale, breaking out, however, in a new spot, — the
want of any deed to Copley.
Glbaneb
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198 drr Document No. 105.
LXXI,
[COPLEY'S SALE. — Oontinued.*^'}
November 26^ 1856.
Mb. Editor : — As the law stood when Messrs. Mason and Otis
made the Copley purchase, a "writ of right" to defeat a title
might be brought by a claimant at any time within sixty years
(Statute, 1786, ch. 13). On March 2, 1808, a statute was passed
(Statute, 1807, ch. 75), that, from and after January 1, 1812, the
sixty years should be reduced to forty ; and thus the law continued
till January 1, 1840, when the Revised Statutes made a further
change, by reducing the limitation of forty years to twenty years
(with certain savings). All these changes are in the right direc-
tion, — a remark by no means true of all recent legislation.
The statute of 1807, above referred to, besides the change of the
period of limitation, introduced also an entirely new provision, and
one of great importance as a matter of public policy^ and entirely
equitable in its bearings, viz., the " betterment law," by which a
party who had had six years' possession and had made valuable
improvements, or " betterments," should, on failure of title, be
entitled to compensation for his improvements.
This betterment law was nominally asked for as being especially
necessary in respect to lands in Maine ; but it was, in fact, in-
tended to apply to the Copley estate. The proprietors were daily
giving warranty deeds, and in case of an ultimate eviction the
constantly increasing value of the lands would make the final
measure of damages very severe to the warrantors, and it would
be utterly ruinous to them if purchasers could come upon them also
for the whole cost of their improvements. If this real object had
been disclosed, the Legislature would have refused to rich posses-
sors in Boston the protection which they readily granted to poor
squatters in Maine, viz. : a wise enactment applicable alike in both
cases. The provisions of the betterment law have since been
further extended, so as to protect any person buying in good faith,
under a title believed to be good, and making immediate improve*
« New title. — W.H.W.
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"Gleaner" Articles. 199
ments. The strong motive^ of self-interest on the part of these
proprietors, and their adroit management, thus directly led to great
improvements in the law of the land.
These proprietors were doubtless well aware, from the beginning,
of the want of any deed to Copley from Cunningham's administrator.
And the same discovery was also seasonably made by his heirs-at-law.
Suits were accordingly commenced to dispossess Copley's grantees,
and great alarm and anxiety resulted therefrom. The late Abra-
ham Moore, Esq., was by marriage nearly connected with the
claimant, and Mr. Otis, availing himself of his personal good offices
and assistance, at last succeeded in obtaining a full release. This, I
have always understood, was effected without the slightest sus-
picions of her counsel. I have been told, indeed, that Mr. Otis
went into court, and in his blandest and most courteous manner
moved that the suits should be dismissed. The opposite counsel
naturally wished to know upon what specific grounds he made this
unexpected motion. He suggested, in reply, the very conclusive
one, of a full release in his pocket from the demandant herself.
This, though not drawn up with the technical formalities of special
pleading, proved probably as effectual a " rebutter" as was ever
submitted to the decision of a court.
The claimant, Susanna Cunningham, was understood to have
made an agreement with George Sullivan, Esquire, and Mr. Mur-
ray, by which they were to carry on the suits for her, and were to share
largely in the expected ** plunder." These gentlemen were fearful
lest she should be tampered with, and took possession of her, keep-
ing her secluded in Mr. Murray's estate on the North River, with
as much vigilance as was shown of old in regard to the golden
fruit in the garden of the Hesperides. But the fates were against
them. The genius of Mr. Otis prevailed. Into this Eden the
tempter entered as of old. The lady eloped from her legal guar-
dians, as many a lady has done before and since ; and she parted
at last, not indeed with her Jieart and hand, but with her title and
estate, by an unconditional surrender. Those who had bargained
for her claim thus lost their share of the expected profits, and had
the pleasure of paying their own expenses. Everybody was
pleased at their disappointment.*'
Susanna Cunningham, of New York, in consideration of five
dollars, quitclaimed to said Mason and Otis, and to Benjamin Joy,
» It is but fair to state that the opinions expressed by Mr. Bowditch in these articles
are entitled to only such weight as his character may give them. Their reproduction
is necessai*ily without examination or endorsement. — W. H. W.
Digitized by LjOOQ IC
200 City Document No. 105.
" all the right, title, interest, demand, or estate, which I have or
may have by any ways or means whatsoever, in and to a certain
tract of land in Boston, containing by estimation 8 j^ acres, bounded
southerly by Beacon street, north-westerly on Charles River in part,
and partly by land formerly of John Leverett and Mr. James
Allen, north-east and northerly by land formerly of said Leverett,
of James Allen, and Nathaniel Oliver, and easterly partly on land
formerly of Samuel Sewall, now John Vinal's, and partly by land
of said James Allen, together with all the flats lying before the
same to low-water mark, or however the same may measure or be
bounded, the said land being the same which said Mason and Otis,
and Joy, or one of them, or persons claiming under them, or some
of them, now hold in their actual occupation, and are the same
lands conveyed to said Mason, Otis, and Joy by deed from John
S. Copley to hold to them, their heirs and assigns, according to
their own deeds, agreements and partitions among themselves."^
This deed is dated, acknowledged, and recorded August 17,
1812 (L. 240, f. 250).
That was a happy day for these purchasers. They doubtless all
slept the more soundly the next night than they had for some time.
It is generally believed, however, th&t Jive dollars does not express
the exact sum paid to quiet this claim. It has been suggested that
quite a number of thousands of dollars were really paid, and that
even Mr. Moore had a very respectable fee for his services. It
may, at least be safely said, as in the case of the State-House wall,
'' the cost somewhat exceeded the estimates." Gleaner.
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••Gleaner'* Articles. 201
liXXII.
[COPLEY'S LAND. — ConcZttdcd.^]
Novemher 30, 1855,
Mr. Editor : — The Copley purchase boanded in the rear almost
wholly on Allen's pasture, large portions of which became also
vested, as we have seen, in the same purchasers, partly by deed of
Enoch Brown's heirs, and partly by the deed of the devisees of
Jeremiah Wheelwright. In Lib. 192, fol. 198, is a great plan of all
these purchasers, the dotted lines of which show the lines of the
Copley deed, as claimed to run; and from this survey it appears that
these three purchases together gave the proprietors a tract of
land bounded southerly on Beacon street, 850 feet 8 inches ; east-
erly on Dr. Joy's land (or Walnut street) , 457 feet 4 inches ; south
on Dr. Joy's land (or Mt. Vernon street), 305 feet 1 inch ; east-
erly again on Belknap street, 236 feet 1 inch ; then north on one
of the lots of Cooke's pasture, 77 feet ; easterly again on ditto, 83
feet 9 inches; and then north by a general straight line to the
water. This last line coincides with the rear line of the estates on
the north side of Pinckney street, as subsequently laid out.
On this plan appear the old powder-house, near the north-west
comer of the tract, and two dwelling-houses fronting towards Bea-
con street, near its south-easterly corner. One of these houses was
formerly occupied by Copley. For several years they had been
occupied ; the first by Charles Cushing, Esq. , and the other by
" Master Vinal." The Cushing house is the source of title to the
block now owned and occupied by Messrs. Nathan Appleton and
Henderson Inches ; while " Master Vinal" is represented by Hon.
David Sears.
One very observable fact is, that on this plan the lots of Zecha-
riah Phillips's pasture, which should have been delineated at its
north-westerly corner, do not appear. Not only is the Copley lot
extended to the water, instead of towards the water, but the
extreme north line of the whole plan, or the south line of the rope-
walks of Swett, Farley, and Hammond, is extended beyond the
west end of the rope- walks, in the same direction, to the water.
**NewUUe. — W.H.W.
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202 City Document No. 105.
In other words, the pasture houghJt of WheelwrigMs devisees is made
to sweep across these lots, precisely as the Copley estate is made to
do; aHd this although the deed of Wheelwright^s devisees did not pre-
tend to run towards the waiter, btU bounded westerly on these Phillips
lots. The lots of Zechariah Phillips's pasture, the existence of
which is thus ignored on the plan, were likewise ignored in fact.
The Latin maxim was acted on, — De non apparentibus et de non
existantihus eadem est lex,**
As one and another of the owners of these lots came forward
and claimed their rights they were settled with. Thus, Samuel
Swett sold one lot in 1803 (L. 207, f. 115). The heirs of Tilley
quitclaimed in 1814, etc. (L. 410, f. 155-156 ; L. 249, f. 136), the
lots subsequently sued for. by the Overseers of the Poor, claiming
under foreclosure of mortgage made by the ancestor ; and William
Donneson conveyed one lot even as lately as 1828 (L. 338, f.
213). These proprietors also purchased very many of the water-
lots of Zechariah Phillips's pasture, lying north of the range of
their original purchase, so that they were separated from Cam-
bridge street only by Mr. Bulfinch's land.
The Mount Vernon proprietors were Jonathan Mason and H. G.
Otis, each three-tenths, and Benjamin Joy two-tenths ; while the
remaining two-tenths were held by General Henry Jackson, and
more recently by Wm. Sullivan, as trustees of Hepsibah C. Swan,
wife of James Swan, Esq., and subject to her appointment. Va-
rious partitions were made by mutual releases, by indentures of
division, and by order of court. A partial division was made by
the indenture recorded with the plan above referred to, on which
appears, for the first time, Walnut street. Chestnut street. Mount
Vernon street (west of Belknap street), and Pinckney street. The
indenture laying out Louisburg square, etc., was made in 1826
(L. 312, f. 217, etc.). A large division of the lands, east and
west of Charles street, etc., had been made in 1809, by order of
court, as per plan at the end of Lib. 230 ; and another, of the
lands west of Charles street, and north of the Mill-dam in 1828,
the plans being recorded at the end of L. 330.
On the first old plan of L. 192, the sea came up to a point 850
feet west of Dr. Joy's fence, or to a point 143 feet east of the east
line of Charles street. This would reach to the easterly corner of
the house next east of Mr. John Bryant's, on Beacon street ; and
accordingly, Mr. Bryant informs me, that when he dug his cellar
he came to the natural beach, with its rounded pebble stones, at the
depth of three or four feet below the surface. The barberry bushes
Digitized by LjOOQ IC
*' Gleaner" Articles* 203
speedily disappeared after this Copley purchase. Charles street
was laid out through it, and lots sold oflP on that street in 1804.
The first railroad ever used in this country was here employed, an
incline plane being laid, down which dirt-cars were made to slide,
emptying their loads in the water at the foot of the hill. It was
not, however, until Mr. Otis himself became mayor that the final
improvements of digging away May street and the adjoining lands,
and reducing the hill to its present grade, were completed. On
this occasion I remember one " black " tenement perched up in
the air at least 15 feet above its old level. These final measures,
though certainly important to the public convenience, happened
also to be very beneficial to the Mount Vernon Proprietors, afford-
ing another instance in which their interests and those of the com-
munity, being identical, were advanced by one and the same
instrumentality. Gleaner.
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204 CiTT Document No. 105.
LXXIII.
MOUNT VERNON STREET.*'
December 4i 1855,
Mr. Editor : — On the Copley estate live, or have lived, a large
proportion of those most distinguished among us for intellect and
learning, or for enterprise, wealth, and public spirit. I do not
propose to be guilty of the impertinence of saying much about
private individuals because they happen to live in a certain locality.
I shall merely mention a few incidents and facts which occur to
me. The easterly part of Copley's estate is, as we have stated,
composed of 2^ acres of Sewall's Elm Pasture. Sewall street, as
laid out in 1732, would extend west of Walnut street about 200 feet,
and would destroy the out-buildings of about the first eight or ten
houses on Chestnut street ; and, though Mr. Sears is one of the
last of our citizens whom we would feel inclmed to send to or put
in '* Coventry," I am sorry to say that Coventry street, as laid out
in 1732, runs north from Beacon street 140 feet west of Walnut
street, and would therefore pass directly through his elegant estate.
The Massachusetts General Hospital has two free beds for surgical
cases to be forever supported from the income of Mr. Sears'
bounty, who also contributed generously to the enlargement of its
buildings in 1846. Desirous that his children, during his life,
should enjoy the benefits of his wealth, he has displayed towards
them and their families a liberality unsurpassed in this community,
while, at the same time, he has never overlooked or disregarded
any just claims of the public. I should, therefore, be truly sorry
that he should be rendered houseless by this venerable highway.
The outstanding fee of or easements in these ancient streets will
not, however, probably very seriously effect the present market
value of any of these estates.
The Mount Vernon Proprietors sold, in 1804, to Richard C.
Derby, a lot measuring 73 feet on Chestnut street, and extending
back on land of Otis 150 feet to Olive or Mount Vernon street,
on which he erected a mansion-house fronting on Chestnut street,
« New title. — W.H. W.
Digitized by LjOOQ IC
** Gleaner** Articles. 205
which he occupied for many years. Mount Vernon street, when
actually laid out, proved to be about 165 feet from Chestnut street
at this spot. There was consequently a gore of land on Mount
Vernon street, in front of the stable built by Mr. Derby, on what
he supposed to be the line of that street, and which the measure-
ments of his deed did not cover. This surplus gore of land must
have been peculiarly unsightly to the Mount Vernon Proprietors,
as it kept constantly before them, probably, the only instance in
which they had parted with more than they intended. This estate
was sold in 1846 to the Messrs. Thayer, whose two freestone
houses were erected fronting on this latter street. A remarkable
change was thus wrought, since only a few years ago horses were
groomed and carriages washed amid the litter of a stable, where
are now two of the most lofty vestibules and magnificent drawing-
rooms in Boston.
It has been said that an absent-minded fellow-citizen, when trav-
elling, once bought his own boots. It is certain that two of our
most intelligent citizens, formerly residing in Beacon street, deliber-
ately bought their own houses. One of them had on various occa-
sions spoken about selling his estate, and a broker, one day, said to
him, " Oh, it is very well for you to talk in this way. You dare
not name a price which you will be willing to take." The owner,
piqued by this challenge, instantly replied, "Yes, I will. I will
take $50,000." — "I wDl give it," was the equally instant and
appalling rejoinder. The owner, of course, could not refuse to sign
a written agreement, thus making himself legally responsible. But
« the unwillingness of a member of his family to remove led him to
propose a reference in regard to the question of damages, and the
result was that he remained in his own house at the price of ten
thousand dollars. J?e, as may be easily believed^ never offered it
for sale again. After his death it became the property of Hender-
son Inches, Esq. Another gentleman himself repented of a sale
on sober second thought, and voluntarily rescinded the contract at
the same cost. His house is now owned by William H. Prescott,
the historian.
Mr. Otis erected an elegant mansion on Mount Vernon street,
which he occupied for some years. It was subsequently sold to
the wife of Col, Benjamin Pickman, of Salem, for $29,500 (in
1805, L. 211, f. 156), who, altering his mind as to his intended
removal to this city, sold it for $18,700 (in 1806, L. 217, f. 232),
to John Orborn. It was for many years the residence of Mrs.
Gibbs, widow of the distinguished Newport merchant, who bought
Digitized by LjOOQ IC
206 City Document No. 105.
it of Mr. Osborn in 1809, for $28,500 (L. 230, f. 179 ; L. 234,
f. 262), and her daughter, Miss Sarah Gibbs, became the owner, in
1828, at a cost of $25,950. Samuel Hooper, Esq., bought of her
in A.D. 1845, for $48,000 (L. 544, f. 233), and, after seUing off
the house-lots on Pinekney street, sold the residue for $70,000 to
the Misses Pratt, in 1853. Though thus curtailed, it is still one of
the finest private residences left in the city.
East of this mansion is a block of buildings, erected 30 feet
back from the street, under an agreement in A.D. 1820, imposing
mutual restrictions between the late owners, Benjamin Joy and
Jonathan Mason, deceased (L. 269, f. 304) ; and a like restriction
in a deed of Mr. Swan's lot in 1832 (L. 358, f. 2). The first
house in this block stands, indeed, partly on Miss Gibbs's lot, and
was the residence of her brother-in-law. Rev. William EUery
Channing, who has a world-wide celebrity as a theologian and
philanthropist.
On the west of* this Otis mansion is a large lot, on which stand
two houses fronting on Mt. Vernon street, besides smaller houses
in the rear, fronting on Pinekney street. This was sold in 1805 to
Charles Bulfijich (L. 214, f. 18), who in 1806 divided the front
into two lots, by deeds (L. 215, f. 147 ; L. 217, f. 69). The east-
erly of these two houses was built by Stephen Higginson, Jr., and
is owned by William Sawyer, Esq., one of our oldest retired mer-
chants, formerly a partner of the late Thomas Wigglesworth. With
him resides his sister, Mrs. George G. Lee, the well-known author-
ess. The other house was built and formerly owned and occupied
by General David Humphreys, whose widow, a native of Portugal, ,
at an advanced age, married a French Count Walewski (about A.D.
1830). At her request, the late Hon. John Pickering ''gave her
away," much to the amusement of his friends. He advised her to
secure her property to her separate use. She, however, declined
doing so, remarking : " It is delightful to us women to feel our-
selves dependent for everything on the man we love." Her senti-
mental bridal illusions were, however, speedily dissipated, as in
the similar case of Madam Haley. Her husband, doubtless, took
a more matter-of-fact view of the ceremony, and perhaps was even
then thinking of — this land. At any rate, she soon died, and this
estate, converted into cash, was remitted to Paris (L. 351, f. 34 ;
L. 873, f. 23), to replenish the finances of " the Count."
Gleaneb.
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•* Gleaner" Articles. 207
LXXIV.
THOMAS L. WINTHROP AND JOHN PHILLIPS.
December 7, 1855,
Mr. Editor : — The first dwelling-house on Beacon street held
under the Copley title is that at the corner of Walnut street,
owned and occupied by the family of the late Thomas Dixon. By
the great indenture of division in 1799 (L. 392, f. 198), it was
assigned to Jonathan Mason, who, in 1804, sold the same to John
Phillips (L. 208, f. 223). He died in 1823, and his heirs in 1825
► conveyed to Thomas L. Winthrop, who died 1841, when his exec-
utors conveyed to Mr. Dixon. This estate was, therefore, for
many years in succession, the mansion-house estate of Mr. Phillips
and of Mr. Winthrop.
No office in this country is hereditary except, as it would seem,
that of Register of Deeds, which, in this country, has been held by
grandfather, father, and son (Henry, William, and Henry Alline),
whose next immediate predecessor (Ezekiel Goldthwait) was the
lineal ancestor of the wife of the present incumbent. . This tenure,
during four generations, of an elective office, indicates some sub-
stantial merits as the basis of popular favor.* In like manner
one of our earliest governors was John Winthrop. Another,
equally distinguished, was James Bowdoin. The late Thomas L.
Winthrop, a lineal descendant of the former, and who married the
grand-daughter of the latter, was hinnself elected for seven succes-
sive years (1826-1832) Lieut.-Govemor of the Commonwealth.
His son, the late Grenville Temple Winthrop, who some years
since closed a retired life in a neighboring town, was formerly
commander of that well-known corps, the Boston Cadets. On an
intensely cold election day the company was not seasonably ready
to attend upon his Excellency Governor Lincoln, at the conclusion
* Mr. Goldthwait's first signature as Register is to a deed recorded Nov. 6, 1740, L.
60, f. 77, and his last to a deed recorded Jan. 17, 1776, L. 127, f. 31. It is a remark-
able fact that both he and his immediate successor died in office blind. I shall gladly
continue to vote for our present competent and coui'teous Register until he becomes
blindt — a disability which I sincerely hope will never befall him. I am convinced that
while he has his eyes the public will not find a more faithful servant. [Authob's
Note.]
Digitized by LjOOQ IC
208 City Document No. 105.
of the services at the Old South Church. The undignified haste
with which they left their snug quarters and pleasant refreshments
at the Exchange Coffee House, and ran along the streets to over-
take the Commander-in-Chief, afforded much innocent amusement ;
but, as a breach of military etiquette, the indignity could not be
overlooked. The result was a court-martial, and the proceedings
led to a voluminous publication in two octavos, which a friend
once playfully pointed out to me as " Winthrop's Works.*'
Distinguished as was the late Lt. -Governor Winthrop in his
lifetime, he will hereafter be better known as the father of a more
distinguished son, Robert C. Winthrop, who, under the doctrine of
hereditary descent, based upon merit, may well aspire to the same
high position which has been so honorably filled alike by his
paternal and maternal ancestors.
However much our views may differ on the subject of slavery, I
do not believe that the interests of the character of our old Com-
monwealth would suffer at his hands. So, too, the late John
Phillips, for ten successive years the President of our State Senate,
and though selected, from his personal popularity, above all others,
to be the first Mayor of Boston, will be — nay, is already — chiefly
remembered as the father of Wendell Phillips. As an advocate in
any event of disunion, I totally dissent from his views ; but much
should be pardoned to an honest zeal in a righteous cause. As
long as a slave shall tread upon that soil which of all others in the
world seems especially consecrated to freedom, aye, long after
that foul stigma shall have been effaced from our national char-
acter, — as Grod, in his mercy, grant that it speedily may be,
without civil dissensions and fraternal bloodshed ! — the classic
erudition and the dignified eloquence of Sumner^ the graceful
delivery, the fervid oratory, the sometimes too impassioned de-
nunciations of Phillips^ will have made their names household
words as among the foremost of those who in any age or country
have vindicated the cause of oppressed and degraded humanity.
I rejoice to believe that the coldness, the bitterness, the social
proscription of to-day will be amply atoned for hereafter by the
gratitude of a united^ happy ^ and free people.
It is a remarkable circumstance that the estate should have been
derived by the great anti-slavery champion by regular conveyances
from Jonathan Mason, one of the few Northern men whose votes
established the Missouri Compromise, And nothing indicates
more strongly the subsequent retrograde movement of the nation on
this subject than the fact that we are now seeking, and probably
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•• OleAkeb ** Abtigles. / 209
seeking in yain, to pioonre even a restoration of this very oompro*
mise, which, when it was first forced upon us, was regarded with
universal and unmitigated detestation. We bartered away our
birthright, and have lost even the poor pittance for which we
bargained.
Gleaner.
, Digitized by
I
Google
210 Cnr DootrxEUT No. 105.
liXXY.
BEACON STREET.*"
December 21y 1865.
Mb. Editob : -^ Next west of Lt.-6oTemor Winthrop's house is
that of Hon. Nathan Appleton. As an associate of the late
Francis C. Lowell and P. T. Jackson he participated largely in
the creation of the great manufacturing interest of New England,
and is probably now as well informed in relation to that subject as
any one among us. As a member of Congress he was opposed to
Henry Lee, who advocated free trade in opposition to " the Ameri-
can system." In my father's household were four voters. He
himself was a a warm partisan of Mr. A., but two of us '^ young
Americans" could not be convinced by his arguments, and so the
entire family turned out at the polls and exactly neutralized each
other. Mr. A. is a brother of the late Samuel Appleton, and the
family name still preserves its ancient brightness. Of his two
elder daughters one is married to the son and biographer of Sir
James Mackintosh the Governor of St. Christopher's, the other to
the poet Longfellow. At the last commencement of Harvard
College, Mr. Appleton received the honorary degree of Doctor of
Laws.'s
Elizabeth wife of Charles Cushhig, Esq., in 1796 acquired a
lot 73 feet on Beacon street by 165 feet deep (L. 184, f . 90) , and he
purchased the adjoining 25-feet lot, 1804 (L. 210, f. 25). Their
children conveyed in 1816 to Nathan Appleton and Daniel P.
Parker (252, f. 69), who erected two elegant brick mansions.
Mr. Parker was an active and successM merchant, and at his
death owned one of the finest vessels in the port, to which he had
given the name of his friend and neighbor, Samuel Appleton. He
was for several years a trustee of the Massachusetts General
•New Title.— W. H. W.
« Mr. Appleton died July 14, 1861.— W. H. W.
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•'Gleaneb'* Abticlbs. 211
Hospital. He left one son, Henry Take Parker, and two daughters,
the eldest of whom is the wife of Edmund Quincy.
Mr. Gushing was a well-known citizen, — the Clerk of the Courts ;
and the testimony of his son of the same name — a gentleman of
intelligence and high standing — was of great importance to the Mt.
Vernon Proprietors in the suits brought by the Overseers of the
Poor. He remembered that Copley's fence joined on the old pow-
der-house, thus establishing an ancient monument.
The stone mansion of Mr. Sears was originally a much lower
building, having only one bow in the centre, instead of two bows or
projections. It fronted on a yard or carriage-way, laid out on the
easterly side of his lot. It was a very graceful and beautiful
building, and a great ornament to the street. He subsequently
erected an additional house on the east, covering the whqle front of
his lot, and also making radical changes in the original structure.
On this lot of Mr. Sears, behind the old house, stood a bam, which
was converted into a temporary hospital for the wounded British
officers after the battle of Bunker Hill. When Mr. Sears was
digging for the foundations of his house, the workmen came, at a
depth of several feet under the surface, to a gigantic moccasined
foot, perhaps 2^ feet long, broken off at the ankle, and carved from
a kind of a sandstone not found in this vicinity, which he pre-
sented to the Boston Athenaeum, where it now is — not.
^^ Master Vihal" would doubtless be much gratified to find that
his humble wooden house has attained to such high distinction in
these later times. And even Mr. Copley would admit that the
houses of Messrs. Sears, Parker, and Appleton have more than
made good the two domiciles which are delineated in all the dignity
of yellow paint, with doors, windows, and chimneys, on the origi-
nal plan of the Mount Vernon Purchase (in Lib. 192). Except
the old powder-house, we have seen that only these two houses
appear on a plan of an estate containing a million of square feet,
upon which now stand probably five hundred houses.
After Mr. Otis had sold his mansion house on Mt. Vernon street,
he removed to an elegant and spacious house which he erected on
Beacon street, next west of Mr. Sears's, and here he lived till his
death. His lot was 120 feet front by 165 feet in depth. The
easterly portion was a fine garden. Land at last became so valu-
able that he did not feel justified in retaining for a mere matter of
sentiment this beautiful enclosure, which had long pleased all eyes,
and decided to convert it to a more substantial use. He accord-
ingly in 1831, sold the easterly part to Mr. Sears, foi $12,412,50
Digitized by LjOOQ IC
212 City Document No. 105.
(L. 356, f. 227), who proceeded to erect a house, and on the west
part Mr. Otis himself erected another. The bow of Mr. Otis's
mansion house, which originally projected into the garden, still
projects into this house, though this encroachment is ingeniously
disposed of and concealed by its interior arrangements. When the
houses were erected on this garden there was found what had the
appearance of an old well, entirely filled up with beach sand.
Its existence was before unknown. The foundations of the new
buildings were constructed by arching it over. And perhaps, after
many a year yet to come, it may again astonish the spectators.
The mansion-house itself, after Mr. Otis's death, was conveyed to,
and is now owned by Samuel Austin, by whom it has been thor-
oughly renovated. There is, perhaps, on the whole, no more
desirable residence in Boston. Mr. Austin paid for it the sum of
860,000. *
There probably has never lived in Boston any individual with
finer natural endowments than Mr. Otis. Possessing a noble
presence, a beautifully modulated voice, great readiness and self-,
possession, and a cultivated intellect, he has rarely, if ever, been
surpassed in the divine gift of eloquence. Nor was he less agree-
able and fascinating in the intercourse of private life. His brilliant
repartees, his graceful compliments, his elegant, manners, made
him as distinguished and successful in the social circle, as his
talents and intelligence did at the bar and in all the business
relations of a long and active life. A single anecdote will illus-
trate his instant readiness : a friend and his wife were one day
approaching him in the street. The wife noticed some derange-
ment of her husband's dress, and stopped to adjust it. As Mr.
Otis reached them, she turned round, and, struck with the faultless
neatness of his costume, exclaimed to her husband, "There,
look at Mr. Otis's bosom." Mr. O. immediately bowed and said,
J' Madam, if your husband could look within this bosom, he would
die of jealoiisyj* Had Mr. Otis been less absorbed with the care
of his own concerns and interests, there was no honor in the gift
of his fellow-citizens which they would not have bestowed upon
him by acclamation.
He died in 1848, leaving three sons and one daughter. Several
of his children had died during his lifetime, three of whom left
issue. He had strong domestic affections, and the kindest feelings
existed between him and those employed in his household. He
right!}' thought that that relation involved something more than
mere service on the one side and wages on the other, I have heard
Digitized by LjOOQ IC
- "Gleanbb** Abtioles. 213
him spoken of with great regard by one who for many years was
a frequent inmate of his dwelling, employed in labors of needle-
work. In his last will is the following item : " I give to Deborah
Hastings, my faithful nurse, two hundred dollars, and a suit of
mourning at the discretion of," &c., '^ handsome, suitable for her
condition in life, and not too extravagant." Gleanbb.
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214 Cmr Dooumbmt No. 105.
liXXVI.
THE LOWELL FAMILY.**
December 14, 1855.
Mb. Editor: — There is no name among as more entitled to
honorable eommemoration than that of Lowell. It has still one
venerable living representative, — the survivor of a past generation,
— Bev. Charles Lowell, D.D., who is father of the distinguished
poet, James Russell Lowell, and of Mrs. Samuel B. Putnam, a
lady as unaffected and pleasing as she is talented and learned.
One of Dr. Lowell's brothers, the late Hon. John Lowell, was in
early life at the head of the Suffolk Bar, and eventually the most
distinguished agriculturist in New England. He was for many
years a member of the Corporation of Harvard College, as his son
John Amory Lowell is now. Another brother, the late Francis C.
Lowell, devoted himself with the utmost enthusiasm to the estab-
lishment and development of our manufactures. A great city
sprang into existence, the future emporium of this branch of our
national industry, and, by adopting his name, has gratefully recog-
nized him as its virtual founder.
I have alluded in a former article to the rapid rise in value of
lands in Boston. The same remarks are even more strikingly
applicable to lands in Lowell. A single farm of 100 acres was
bargained for at the outset (1819-22) at from $15 to $20 per acre.
Nine out of the ten owners conveyed accordingly. The tenth
died, and in the delay of getting license to sell to raise enough to
pay his debts, the % of his ^V sold* in 1824, for $3,206.89. This
sum paid all his debts, and a new license became necessary to sell
for the benefit of his heirs, and their ^ of -^ was sold for $4,742.
When. I was examining the titles in Lowell, in 1831,' Mr. Kirk
Boott informed me that this farm, without any improvements,
could not be worth less than $15,000 per acre, — or, in other words,
that its value had increased, in ten years, from about $1,500 to
$1,500,000, or a thousandfold.
•*New titte.— W. H. W.
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^OLBAima'^ Aetigles. 215
I was employed to examine all the titles in Lowell, from the
circumstance that an indiridual was engaged in trying to discover
defects, and to extort money from the Corporation. I one day
received a note from Mr. Boott, that this person pretended that a
valid claim existed for the whole of this farm, because, when it
was conveyed, in 1782, by Benjamin Melvin, and Joanna, his wife
(L. 84, f. 277) , she was a minor ; that both husband and wife had
lived till within the past few years, and therefore her heurs were
not yet barred. It of coarse became of great importance to find
out whether or not she was a minor in 1782. I knew that there
was a large trunk full of papers in the Probate Office, which bad
never been recorded, because the fees had not been paid. I deter-
mined to examine every paper. In doing so I found her choice of
a guardian in 1772, specifying her age to be then 15 years, which
proved conclusively that she must have been 25 years old at the
time of her conveyance. I procured a certified copy of this docu-^
ment, and there was no more trouble or alarm on that subject.
One very curious mistake of title I discovered aud caused to be
corrected, in regard to the valuable Hurd estate, then so called,
since belonging to the Middlesex Company. It contained several
acres, and was sold in 1827 for $55,000. In 1822 it belonged
wholly to Thomas Hurd. He conveyed to his brother William in
1822 (L. 248, f. 388), one-half part ofdU my right, &c., in and to.
These words were servilely copied in the two next deeds, each of
which was intended to convey the whole interest of the grantor.
Thus William, instead of selling } sold ^ to Joseph Hurd in 1824
(L. 268, f. 208), and Joseph reconveyed to Thomas in 1826
(L. 268, f. 236), only ^ instead of the J which he supposed that he
was selling. Three-eighths of the whole land were thus left out-
standing, merely from supposing that moiety had no meaning,
I once met with a like curious defect in a title in Boston, caused
by its being supposed to mean any fractional share whatever, A
series of deeds conveyed one undivided moiety or quarter part, &c.,
which, on the rule of construing a deed, in case of doubt, most
strongly against the grantor, of course made him legally sell twice
what he ^meant, and the later grantees were left in a forlorn and
destitute condition. In L. 258, f. 233, of Suffolk Deeds will be
found a case where a grantor sells four moieties of a parcel of land
as being all that he owned himself, "' and also all the right of my
dearly beloved wife Abigail."
At the death of Francis C. Lowell, in the year 1817, he left four
children, — a daughter, who married her cousin, John Amory
Digitized by LjOOQ IC
216 Cjett Dooxtmbnt No. 105.
Lowell, and three sons. One of these was John LoweU^ Junior.
Possessing a considerable estate, he married a lady of lai^e for*
tune, who died leaving him two children. He purchased a house
in Beacon street, part of the Copley lot, as an investment on their
account. A guardian is only permitted to invest in real estate
under previous license of Court. This had not been obtained.
A question was raised, therefore, as to the allowance of the
account. Both the children died by sudden and severe disease
within a few days, and the father, as heir of the survivors, became
entitled to all the property which had been held in trust for his late
wife. By his will, dated Nov. 8, 1882, he established that admi-
rable foundation. The Lowell Institute. He never manied again ;
but this document provides minutely for a possible wife and chil-
dren, and, in default of any such immediate claimants, appropri-
ates a moiety of all his estate to this public use. By a second
codicil, dated April 1, 1835, ''from the top of the palace of
Louxor, in the French house at Thebes," he gives his final direc-
tions as to this Lecture-Fund Trust. The time-defying pyramids,
by their massive grandeur, inspired Napoleon to address to his
troops that stirring appeal which history will never allow to be
forgotten. And the same associations perhaps led the American
traveller to consummate, among the glorious remains of ancient
Egypt, a cherished purpose, of which the effects will, perhaps, be
as enduring as the monuments of the Pharaohs. May the ever
increasing intelligence of the citizens of Boston, through coming
generations, be the appropriate memorial of his wisdom and
philanthropy I
I remember but one other will which states any peculiar circum-
stance attending its execution. The late Bedford Webster, father
of Professor Webster, appended to his signature, in 1832, the
following: "With Mr. Eliot's bad pen in the dark shop." Not-
withstanding this trivial remark, the testator was a person of
superior intelligence.
Mr. LowelFs house has since his death become the property of
his brotiier, Francis C. Lowell, who for several years ably presided
over the Massachusetts Hospital Life Insurance Company, one of
the largest of our moneyed institutions, and whose active services
and ready aid have been freely rendered to the charitable estab-
lishments of our city. Their youngest brother, the late Edward
Jackson Lowell, was a classmate of my own at Harvard College
None who had previously borne the name were purer in character,
more brilliant in talents, or governed by higher impulses and
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^•Gmsakhr** AbiIglss. 217
nobler views of life and duty. He died of consumption in 1829,
one of the earliest taken and best beloved of oar band of brothers.*^
Gleaner.
« So little has been printed concerning the Lowells, that the following genealogi-
cal items may be useful : Fercival Lowell, of an- old family in Worcestershire, Eng.,
came to Newbury in 1639, with a son John, who had also already a &mily. John, Jr.,
was &ther of Ebenezer Lowell, whose son was the Bey. John Lowell, of Newbury-
port, who died in 1767. The last-named was Anther of Judge John Lowell (b. 1743,
d. 6 May 1802), who had three wives. By his first wife, Sarah Higg^inson, he had a
son, John ; by his second wife, Susan Cabot, he had Francis C. ; by his third wife, Be-
becca Bussell, he had Bey. Charles LowelL
Qf these half-brothers, John married Bebecca Amoiy, and had John Amory
Lowell (who died 31 Oct. 1881), whose sons are John Lowell, the distinguished judge
of the U.S. Court, who has just quitted the bench, and Augustus Lowell.
Francis Cabot Lowell married Hannah Jackson, and had John (founder of the
Lowell Institute), Francis C. Jr., and Edward J. Bev. Charles LoweU married
Aniet Spence, ai^d had sons, Charles B., William K. T. S., Bobert T. S., and Jamea
B. Lowell, now U.S. minister at the Court of St James.
W^» H* W»
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J18 Cmr DoouMBOT No. 105*
liXxvn.
[THE SWAN FAMILY.] ••
December 18, 1855.
•*The Record Commissioners have omitted this article from the present edition at
the request of Mr. Bowditch's representatives, as certain expressions therein con-
tained were found to be open to contradiction, and possibly would require explanation
or retraction were the author living. A few matters of history may, however, be
safely condensed into a note. The article treated mainly of the family of Col.
James Swan and his wife, Mrs. Hepsibah C. Swan. Col. Swan was in Paris at
the time of the French Bevolution, and there published, in 1790, a book entitled
" Causes qui se sont opposes aux progr^ du Commerce entre la France et les Etats
Unis de TAmerique En six Lettres address^ k Monsieur le Marquis de
la Fayette. Traduit sur le manuscrit Anglais du Colonel Swan, ancien Membre de la
li^^slation de la Bepublique de Massachuset." This essay not only presents
admirable statements on the feasibility of creating a vast commerce between these
nations, but it shows the author to have been an ardeht American, and a warm
admirer of his native state. His plan touches many topics, and nothing is too trifling
to be cited in support of his object On one page he eulogizes spermaceti candles ;
on another he relates the foolish objections made in France to the introduction of
labor-saving machines. He dwells with wonder on the fact that in France salted
meats are practically prohibited, while he adds, *' the people of the United States eat
such meats twice a day, and you know, sir, that amongst us the men are as healthy
and robust as they are anywhere."
He mentions that nearly every one in America wears English buttons called
« Matthiewmans," made of white metal, and argues that a population of a million and
a half wiU use annually 500,000 dozen, at a profit of 25,000 francs. Again, he
prophecies that as, according to Dr. FrankUn and Prof. Wigglesworth, our population
will double in eighteen years, it will follow that in 1846 we shall have forty-nine
millions of inhabitants and our imports will amount to about ^200,000,000. He
speaks of the great invention of James Bumsey, of Virginia, whose steam-vessels will
cany all foreign products to the centre of America through the rivers which flow to
the west, and sees in it the hand of Providei^ce which gives this boon at the moment
when it will be so beneficial. A perusal of the volume will certainly give one a high
opinion of the zeal and ability with which CoL Swan endeavored to advance
American interests.
It seems that Mr. Swan engaged also in various enterprises in France, which proved
unsuccessfhl, and that his creditors caused his detention for many years. It is said
that they hoped thus to compel his wife to purchase his freedom, she having a large
inherited fortune settled upon her^before her marriage. It is also said that Col.
Swan refused to allow any such ransom to be paid, and that he remained a nominal
prisoner until his death in 1831, although ,the kindness of his I'elativcs and friends
made his sojourn as pleasant as possible.
Mrs. Swan occupied a house in Chestnut street, and also a beautiful summer
residence in Dorchester. " In the^arden of this latter mansion is still to be seen the
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<* Gleaner" Abzioles. 219
enelofliire in which lies baried Gen. 'Henry Jackaon, the original trustee who had
charge of her pa xipert^ and affiurs."
She had a son who died without issue; two daughters* married respectively to
John C Howard and William SulUvan : and a third daughter married successiYe]^ to
John T. Sargent and Bot. Dr. Bichmond. Numeroos descendants remain through
those female lines.— W. H. W.
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^i20 City Doamassr No. 105.
Lxxvin.
; THE BEACON-STREET FIRE.
January 11, 1856* . ^. -
Me. Editor : — On Wednesday, July 7th, 1824, just before two
o'clock, the bells of Boston rang an alarm of fire, and instantly a
dense mass of black smoke was seen to overhang the entire city.
I have always been an amateur at fires. If the calamity must
happen, I like to be present, to behold what sometimes proves to
be a most magnificent spectacle. I was then a young man, — in my
teens, — and hastening from 'Change to the comer of Park street,
I saw at once that a most furious and destructive conflagration had
commenced. The wind was blowing a hurricane from the north-
west. When I reached the bottom of the Beacon-street Mall, a
stream of fire was pouring through the passage-way west of Mr.
Bryant's house, from carpenter shops and other combustible
premises on Charles and Chestnut streets.
The flame was of the full width of the passage-way, and it was
curling round into the front windows of Mr. B.'s house, which was
then nearly finished and ready for occupancy. The out-buildings
and fences of all that range of dwelling-houses were then of wood,
so that the fire was also making its fearful approaches in the rear.
I have never seen before or since, any similar occasion of a more
appalling character. The hasty removal of household furniture,
much of it being thrown from the windows, which were broken out
for the purpose ; the panic of the occupants, as they and their
children were obliged to fly, some at a notice of a few minutes ;
the crackling of the flames, the intense heat, the falling of the
walls of one dwelling-house after another, as the flre proceeded
along the street ; the shouts of the firemen ; the mass of specta-
tors filling the bottom of the Common and the rising ground in
its centre, the jets of flame often springing over a space of several
feet, the burning fragments borne aloft over our heads to remote
parts of the city ; the magnitude of the danger which led to the
covering with wet blankets of houses even as distant as Mr. Otis's
and Mr. Sears's, — formed together an aggregate of sights and
sounds which can never be forgotten.
As those houses which at first were not thought in great danger,
one after another, took fire and were consumed, owners who
originally decided not to have their furniture moved were at last
obliged to remove it so hastil}^ that much was ruined, and much
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.v*'Gi4EANiffR" Ajrticubs*; hi
more wa^ necessaray left behind. In some instances old family
portraits and inherited articles of furniture, rendered invaluable by
the associations of a lifetime, were thus reluctantly surrendered.
On the other hand a tin-kitchen was saved, and its viands cooking
for dinner were protected from the danger of being overdone.
Extensive removals were made from several houses, which were
eventually saved, as in the case of Mr. William Appleton's and
others. The Common presented a curious medley of miscellaneous
articles, the shabbiest household utensils side by side with ele-
gant drawing-room carpets and ornaments. Bottles of wine which
had not seen the light for twenty years were summarily decapi-
tated without any ceremonious drawing of corks, and the Juno or
Elipse vintage was probably never quaffed with greater relish than
when it refreshed the parched throats of th6 exhausted firemen.
Other amateurs, without having their apology, imitated their
example, and the ^cene assumed rather a bacchanalian character.
One gentleman, desirous of withholding ftirther fuel from this con-
flagration, locked up his wine-cellar, and left its contents to be at
least harmlessly consumed.
Seven dwelling-houses on Beacon street, east of the passage-way,
were burnt, besides the entire range of buildings between the
passage-way and Charles street. The fire was at last success-
fhlly checked at the house of the late Mr. J^ckley. I sup-
pose that it always happens that in a large fire somebodj'^s policy
has J7£st es^red. This was, I believe, the^case with the late Mr*
Henry G. Rice. To many besides him that was a very sad and
discouraging day. Mr. Bryant had the advantage over his neigh-
bors of not being incommoded by any furniture or family, as he
had not yet taken possession. It is satisfactory to reflect that all
the pecuniary loss then sustained has, undoubtedly, been much
more than made good by the greatly enhanced value of real estate
in that vicinity. And, independently of all the direct and per-
petual advantages, of the most inestimable character, derived by
our citizens from the Boston Common, it should never be forgotten
that it was solely owing to the existence of this open space on this
occasion that the entire southern portion of our city was not
destroyed. The range of trees at the foot of the Beacon-street
Mall rendered a truly important service. Suffering the flames of
martyrdom, they died at their post of duty.
A burning cinder lodged in my eye, causing a violent inflamma-
tion, and bringing to an abrupt close my meditations on this
striking spectacle, and a like inflammation of the same organ now
brings to a like abrupt close the speculations of Gleaner.
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SSS Gnr Dooomsnt No. 105.
EDITORIAL NOTE.*'
The doeing lines of the last article may be classed among Invol-
untaiy prophecies; for this proved to be the real dose of this
amusing and instmctive series of notes. On January 4, 1856,
Mr. Bowditch had printed an article relating to Benjamin Joy, and
especially noticing his sate of land to the McLean Asylum in
Somerville. Certain expressions therein called forth a sharp letter
from Mr. John B. Joy, a son of the gentleman criticised. Mr.
Bowditch in reply disclaimed any intention to reflect upon the
family, and was again assailed by Mr. Joy. This brought forth
an answer, and then a last retort fit>m Mr. Joy. It has not seemed
best to reprint any part of this controversy.
Unfortunately this trivial dispute seems to have entirely quenched
Mr. Bowditch's willingness to continue his work, and the artides
came to an abrupt condusion. It will always remain a source of
regret that the public was thus deprived of further information
upon our local antiquities from one so competent to communicate
it. • W. H. W*
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INDEX.
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INDEX.
Adams, 170.
Adan, 130.
Albion* The, 86, 95, 06.
Alford, 120, 121, 161, 153.
AUen, 34, 86, 37, 38, 50, 51, 54, 55, 56, 57, 58,
60, 61. 65, 96, 97, 99, 119, 142, 143, 144,
165, 166, 185, 187, 188, 190, 192, 200, aul.
AUey, Cato, 161.
Hog. 32, 60.
Alline, 26, 92, 207.
Almshouse, 50, 96, 121.
America, 87.
Amory, 79, 96, 217.
Andrews, 73.
Andros, 13, 15, 16, 17.
Angler, 164.
Appleton, 176, 177, 178, 201, 210, 211, 221.
Apthorp, 17, 19, 120, 121.
Armitage, 74.
Armstrong, 171.
Arnold, 62.
Asbon, 2. 189, 190.
Aspinwall, 34.
Athennom, Boston, 211.
Howard, 74, 82.
The, 06, 154.
Atkinson, 32, 40, 60.
Aostin, 35, 51, 66, 110, 145, 160, 212.
Avenue, Coolidge, 154.
Hancock, 161.
Mt. Vernon, 161.
Squirrel, 32.
western, 1, 75.
Avery, 81.
Ayer, 55.
Ayre, 55.
Aylwin, 114.
Ayres, 55.
Back Bay, 27, 170.
Bagnal, 166.
Baker, 25, 44.
Baldwki, 147.
Balston, 165.
Bangs, 135.
( Banister, 2, 6, 187, 188, 180, 100, 101, 102,
{ 103, 104.
( Bannister, 41.
Barbadoes, 138.
Barnard, 71.
Barnes, 107.
Barnon, 02.
Barricado, The, 21, 22.
Barrister, 3.
Bartlett, 04, 100.
Barton, 50.
Barton's Point, 1, 3, 4, 5, 0, 50, 167, 100.
Battery, Old South Boston, 20.
South, 20.
Bayley, S9.
Bay, The, 2.
Beach, The, 54.
Blackstone's, 10, 180.
Beacon street Mall, 220, 221.
Beck, 34.
Beebe, 73.
Belcher, 62, 148.
( Belknap, 60, 61, 143.
\ BeJlknap, 66.
BeU, 26.
Bellingham, 24, 84, 85, 80, 02, 03, 05.
Bellknap, »ee Bellmap.
Bendall, 24, 74, 84.
Bennett, 41.
Bentink, 171.
Bigelow, 111.
Biggs, 34, 36, 37, 88, 64, 60.
Biilerica, 55.
Blackstone, 1, 2, 8, 4, 6, 6, 7, 8, 0, 10, 11, 37,
38, 30, 40, 60, 144, 185, 186, 187, 188, 189,
100. 101, 103, 105.
Blair, 40.
Blake, 42, 60, 140.
Blanchard, 167.
Blanlnine, 26.
Blanton, 26.
Blaxton, 6.
Blaxton's Point, 6.
Blighe, 148.
Blott, 23, 25, 82.
Boardman, 42, 04, 100.
Bolton, 71.
Bond 167.
Bonner, 6, 50, 143, 144.
Boott, 68, 60, 214, 215.
Boston, 1. -2, 3. 4, h, fl. 7, S, 0, 11, 12, 13, 14,
16, 17, 19, B, 20, 2i, 2fl, 27, 2«,30. U, &7,
41, 44. 4a, 48, &3, &4, fi&, 50, Bi, 63, 59, 70,
TI, SU S^ 83, U, S£, E7, &8, ES, 00, n, 0^,
fl3. &fl, 97, 102, lOfl, 107, 1S&, 130, 132, 1S3,
139, 147, 140, IM, 164, 15f7, U&, Ifll, !ft2,
164, 107, 168, 178. 170, 18^ tUO, 1S>1, 102,
104. 19.S, 1B6, SO(J, 205, 212, 214, 215, SHO.
BoiitoD and Roxbury MiU Oo.| 5S.
Boetou AJinltiUi, 2i>T,
Courier, 8, 177.
East, 50, 167.
Library, 30.
Mill Corporation, 45.
West 4.
Bosworth, 55, 60, 104, 142, 148, 151, 152, 163.
Bowditch, 10, 16, 17, 50, 53, 60, 61, 67, 78, 82,
85, 80, 100, 218, 222.
Bowdoin, 63, 67, 73, 81, 80, 107, 108, 112, 113,
114, 120, 121, 135, 140, 141, 146, 157, 196,
207.
Bowen, 103.
Bowers, 73, 74, 77, 70, 82, 100, 108.
Bowling Greene, 74.
Boyden, 81.
Boynton, 145.
Box, 17, 10, 145.
Bracket, 2, 180, 190.
Bradford, 50.
Bradlee, 161.
Bradstreet, 11, 24.
Brattle, 15, 54, 55, 163, 164, 187.
Brattle street Parsonage Case, 111, 112, 117,
123, 124, 136, 160.
Bridge, Draw, 50.
Swing, 72.
225
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226
City Document No. 105.
Bridge, West Boston, 58.
Bridgham, 92.
Bridgmaa, 19, 177.
Brimmer, 89.
Brinley, 89.
Broad street Asaodatlon, 187.
Bromfield, 108, 121.
Brougham, 181.
Brown, 88, 61, 64, 67, 90, 102, 180, 144, 201.
Bryant, 202, 220, 221.
Building, Boston, 99.
Brazier's, 27, 90.
Joy's, 27.
Mechanic's Association, 27.
Union bank, 182.
Balfinch,29, 39, 68, 70, 78, 74, 82, 85, 88, 105,
107, 118, 168, 154, 156, 202, 206.
Bnllard, 41.
Burnett, 148.
Barrill, 62.
S Butolph, 56.
) Buttolph, 84, 55, 57, 60, 62, 66, 66, 142, 143.
Buttel, 65.
Burial Grounds, City, 18.
Bnrying-ground, The. 12, 14, 17, 18, 52.
King^^B Chapel, 19, 45, 98,
The Granary, 75,146, 177.
The Public, 16.
Burying-plaoe, The, 13, 15, 44.
Common, 16.
Old, 44, 98.
Byfield, 89.
Cabot, 217.
Cade, 51.
Calcutta, 171.
Calef, 50.
California, 171.
Callender, 182.
Cambridge, 2.
Cambridgeport, 110, 169.
\ Caner, 16, 19.
i Canner, 17.
Games, 61, 61.
(Jaswell 149
Chambers, S3. 34, 36, 37, 60, 61.
Channing, 206.
Chapel, The, 14.
Freeman Place, 108.
King's, 13, 16, 17, 23, 73, 75, 178.
Chapman, 192.
Chardon, 192, iq3.
Chariestown, 1, 77, 120.
Chauncy, 165.
Chelsea, 95, 99.
Church, Baptist, 69.
Brattle St., TX, 116.
Chauncy place, 28.
ofKngland,15,16.
Episcopal, 16. -*
First, 26, 27, 85, 89, 05.
First Episcopal, 13.
First of Christ, 26, 92.
Maverick, 60.
Mt. Vernon Congregational, 73.
New, 17.
New Jerusalem, 114.
Old North, 71.
Old South, 208.
Park Street, 12.
Second, 27.
St. Paul's, 23, 25.
Trinity, 26.
Circular Line, 20, 21, 09.
City Council, 53.
Hall, 13, 15, 27, 60.
Jail, 37.
( Clark, 85, 41, 44, 62, 176.
{ Clarke, 60.
Clough, 23, 24, 62.
Cobb. 42.
Cobham, 54, 55.
Cobum, 71.
Codman, 49.
CofEln, 96.
Coggan, 85, 95.
Colboron, 10.
Colbron, 12, 41, 189.
Cole, 38, 64, 65, 66, 180.
CoUege, Bowdoln, 114, 157.
Harvard, 31, 95, 99, 134, 136, 157, 210,
214, 216.
' Medical, 37.
Oollhui, 62.
Colman, 82.
Colpey, 198.
Common, The, 2, 3, 5, 6, 7, 8, 9, 11, 12, 23, 25,
81,52,53, 69, 71,91, 02,06, 96, 101, 105,
106, 107, 120, 121, 132, 133, 143, 148, 151,
152,167, 161,163, 164, 165, 170, 171, 184,
186. 187, 188, 189, 190, 191, 192, 196, 220,
221.
Commonwealth, 47, 49, 93, 114, 120, 130, 1^^,
140, 145, 146, 149, 150, 161, 162, 171, 207,
208.
Conn., 65, 62.
SCook, 41, 50, 55, 56, 65, 105, 142. 143, 144,
145, 146, 151, 152, 163, 164.
Cooke, 17, 18, 19, 31, 60, 104, 182, 201.
Coole, 56.
Coolidge, 66. 68, 69, 100.
Cooper, 72, 85, 165.
Copley, 2, 0, 38. 40, 55, 88, 166, 170, 185, 186,
187. 188, 193, 194, 195, 196, 197, 198, 190,
200, 201, 202, 203, 204, 207, 211, 216.
Comhill, 76.
Corporation, Aqueduct, 146.
Boston Mill, 45.
Corwin, 45.
Cotting, 76, 176, 177, 179.
Cotton, 15, 73, 74, 79, 82, 84, 85, 88, 80, 92, 97,
99,100.
Council Chamber, 71.
County, Bristol, 100.
Devon, 65.
Essex, 2, 62, 189, 190.
Suffolk, 17, 37.
Windham, 02.
Court, Common Pleas, 71, 152.
End, 2.
House, 13, 71, 84, 147.
Inferior, 193.
Inferior Common Pleas, 152.
Probate, 5, 8.
of Sessions, 71.
St. James, 217.
Superior, 71, 193.
Superior of Judicature, 186.
Supreme, 111, 11'2, 115, 116, 124, 125,
126, 168. 169, 182.
Supreme Judicial, 22.
U.S. 217.
Court, Bolt, 81.
Cook's, 146.
Southack's, 73.
Spring-street, 3.
WilUams, 29.
Cove, The, 20.
Cradock, 17, 19, 89, 95.
Craft's, 71.
Greedy, 55.
Crescent, The, 80.
Cross, 25.
Crowniushield, 07, 100.
Cunningham, 166, 192, 193, 194, 199.
Curl^, 42, 79, 80, 112, 115, 140.
Gushing, 71, 126, 168, 170, 201, 210, 211.
DaU,42.
Danforth, 82.
Daniels, 143, 145.
( Dasset, 36, 54.
} Dassett, 37, 55.
Davenport, 11, 15, 02, 97, 165.
Davie, 55, 56, 8*^92, 93, 96, 99, 142, 164.
Davies, 34, 60, 93.
Davis, 36, 42, 48, 49, 60, 62, 03, 95, 96, 99.
Digitized by LjOOQ IC
Index.
227
Davy, 65, 02, 08, 05, 144, 145, 140, 168.
Dawes, 70.
Deane, 163, 164.
DebloiB, 06.
Dennis, 168.
Derby, 204, 205.
Dexter, 68.
Disbrow's Bidins-flchool, 20.
Dixon, 207.
Doane, 04.
Dodd, 180.
Doe, 100.
Donneson, 202.
Dorr, 42.
Dorchester, 218.
Drake, 1, 8, 4, 6, 8, 0, 12, 18, 15, 20, 21, 48, 40,
70, 80, 88.
Dublin, 12.
iDumer, 88. .
/ Doinmer, 11.
Donton's Letters, 81.
Dyer, 101, 102.
East, 55, 163, 164, 185, 186, 187, 188, 180, 100,
101, 103, 106.
EatoD, 104, 168.
Eckley, 121, 221.
Edes, 46.
(Eliot, 10, 61, 62, 06, 07, 161, 180, 216.
ElUoU, 62.
Elliotts, 62, 71.
Eltsham, 00, 162.
Emmons, 31, 40.
( Endicote, 10.
} Endlcott, 16, 18, 82, 85.
England. 55, 76, 84, 87, 88, 80, 00, 01, 00, 102,
110, 125, 181, 152, 153, 105, 217.
England, New, 11.
England, Old, 84.
Bpes, 41.
Epiacopnlians. 16.
Ki-ving, 51, 80, 06, 107, 118, 166.
Europe, 153, 154.
Everedd, 45.
Exchaui^e, The, 71.
Eyre, 55.
( IVdrweather, 00, 105, 106.
I Fayerweatber, 10, 105, 107, 1*20, 121, 185.
iraneuil,02,03,05.
FaneuU Hall, 71, 72.
Farley, 51, 201.
Farrlngton, 42.
Faxon, 72.
Fayerweather, tee Falrweather.
Felt, 137, 188.
Fenno, 103.
Field, Gentry, 60.
CentinelHill,36,88,
Century, 161.
Common, 12.
Kew,' 84,' 86, 60, 104, 163, 180.
Training, 5, 0, 11, 02, 120, 121, 182,
148, 100, 101, 102, 106.
Fitch, 41, 74.
Five Points, The, 50.
Flate, The. 2, 21, 22, 58, 70, 168, 186, 100, 102,
103, 105, 106, 200.
Flats, Drake's, 80.
Folsom, 131.
Forbes, 12, 17, 10.
Foster, 12.
Fowie, 107, 168.
France, 218.
Francis, 74, 77, 78, 70, 80, 86, 80, 112, 115, 117.
Frankland, 17, 10.
Franklin, 218.
Gain, 145.
Garden, Public, 12, 52.
( Gardiner, 17, 10, 187.
i Gardner, 51. 06, 07, 166.
Gas Company's Works, 45.
Gee, 44, 45.
Gerrish,31,121.
Glbbins, 17, 10.
Gibbs, 45, 63, 65, 164, 205, 206.
Glapion, 146.
Goldthwait, 10, 207.
Goodwin, 180.
GK>rdon, 17, 10.
Gore, 42.
Granary, The, 12, 06.
Grant, 17, 18, 10, 111, 125.
Gray, 40. 82, 167, 183.
Great Britain, 88, 140, 162, 101, 106.
!Gi«en, 18, 108, 145.
Greene, 78, 70, 88, 80, 01, 02, 04. 100, 161,
105.
Green Dragon, 71.
Greenleaf, 70, 71, 124, 125.
Groton, 66.
Gunter, 18.
Guttridge,61.
Haley, 85, 87, 80, 00, 102, 206.
Halifax, 71.
Hammond, 51, 88, 100, 126, 127, 188, 201.
Hancock, 16, 17, 18, 10, 64, 71, 82, 110, 114,
116, 123, 124, 125, 120, 130, 133, 134, 185,
136, 180, 140, 141, 142, 145, 146, 140, 151,
152, 154, 157, 158, 150, 160, 161, 162, 168,
186.
Harris, 42, 82.
Harrison, 48, 50.
Hartford, 55.
Hastings. 218.
Hatch. 140.
Hati, 176.
Haverhill, 137.
Hawkins, 164, 187.
Hayden, 100, 174.
Hayward. 70, 72.
Head, 46, 61.
Heaton, 104.
Henchman, 186.
Henderson, 62, 71, 110, 145.
Heyman, 48.
Higginson, 206, 217.
Highway. The, 28, 24, 31, 84, 55, 68, 74, 86,
02, 105, 106, 107, 120, 121, 126, 182, 188,
143, 163.
Highway, Allen's. 87.
Hill, 17, 18, 10, 34.
Hill, The, 4, 50, 80, 106.
Bacon,- 140.
Beacon, 2. 6, 7, 12. 38, 65, 83, 84, 106,
120, 121, 127, 128, 182, 135, 186, 180,
140, 141, 143, 145, 148, 140, 150, 151,
162, 154, 156.
Bunker, 211.
Centre. 105.
Centerie, 84.
Centery, 104, 105.
Centinel, 38.
Centre, 105.
Gentry, 65, 182, 148.
Centurie, 105.
Century, 00, 105, 148.
Copp's, 44, 08.
Cotton, 84, 85, 107.
Fori, 50.
Fox, 52.
Milton, 00.
Peroberion's, 00.
Ridge, 52.
Sandy, 77.
Bent]^, 12.
( Hinckley, 107.
j Hinkley. 07.
Hodges, 82.
Holberton, 108.
Hollich, 26. 27.
Hollidge, 26.
Hollinghead, 26.
Holyoke, 62.
Homer, 176, 170, 180.
Digitized by
Google
228
City DootJMfiNt No. 105.
Hooper, 206.
Hospital Grounds, 37.
Hoachln, 03, 65, 104, 105.
House, Adams, 32.
British Coffee, 71.
Exchange Coffee, 31, 208.
Mitre Coffee, 71.
Ciuh, 96, 07.
Custom, 71.
First Custom, 71.
Powder, 40, 201, 211.
Revere, 68, 60, 73.
Spring, 81.
State, 104, 120, 121, 132, 133, 134, 135,
136, 141, 144, 146, 148, 149, 160, 151,
152, 153, 154, 156, 161, 162, 163, 195,
200.
Town, 16, 71.
Tremont, 12.
Hovey, 26.
Howard, 92, 219.
Howe, 49.
Howen, 81.
Hubbard, 39, 88, 100, 116, 117, 123, 124, 125.
1 Huchlnson, 148.
I Hutchinson, 18, 15, 17, 19, 40, 104, 168.
Hudson, 5, 10, 11, 60.
Hull, 83, 84, 85, 89, 92, 164.
Humphrey, 206.
Huut, 71.
Hurd,71,215.
Hurst, 121, 165.
Hutchinson, ue Huchlnson.
Inches, 58, 145, 201, 206.
India, 171.
Ireland, 12.
Ireson, 126, 183.
Island, Bakers, 137.
Castle, 123.
Noddle's, 60, 95, 132.
Wharres, 69.
Ivers, 121.
(Jackson, 27, 44, 74, 77, 78, 90, 91, 04, 98,
{ 100, 101, 114, 159, 202, 210, 217, 210.
^ Jaxson, 24.
James, 107, lid.
Jefl^y, 71, 85, 86, 87, 89, 90, 100, 102, 103.
Jeffties, 41, 90, 95, 96, 102.
Jekyll, 82, 94.
Jenner, 61.
Johnson, 1, 6, 14, 16, 60, 130, 163, 169.
Jones, 35, 110.
Joy, 2, 27, 89, 166, 170, 176, 179, 182, 183, 185,
196, 197, 199, 800, 201, 202, 206, 222.
Kane, 118.
Kennedy, 103.
Kenney, 39.
Kent, 110, lU.
King, 72.
Kirk. 73.
Knight, 142, 151.
Kuhn, 146, 147.
Lake, 148.
Lambert, 62.
Lancaster, 121.
Lane, The, 96.
Banister's, ^,194.
Blott's, 23.
Davis, 144.
Frog, 31, 62.
Green, 33.
Llndall, 67.
Prison, 84, 92, 95, 97.
Pudding, 31.
Bixdgway's, 66.
Bidgeway's 66.
Sconce, 20.
Seven Star, 26.
Shrimpton, 132.
Stoddard's, 81.
Lane, Sudbury, 81.
Willte, 23.
Wing's, 71.
Langdon, 191.
Lawrence, 75, 94, 100, 101.
Lebanon, 62.
Leblond, 80.
Lee, 44, 206, 210.
Leger, 10.
Leverett, 23, 25, 36, 37, 89, 50, 55, 61, 104, 189,
190, 102, 200.
Lewis, 4, 5, 7, 8, 9, 17, 19.
Ligett, 31.
Lincoln, 207.
Lincolnshire, 84.
Uoll, see Loyal.
Lisle, see Loyal.
Little, Brown, & Co., 31.
Lloyd, 77, 82, 94, 100.
Lloyle, see Loyal.
London, 81, 85, 90, 99, 102^ 118, 130, 151, 152,
157.
Longfellow, 210.
Lord, 71.
Loring, 140, 188.
Loudoun, 89.
Louzor, 216.
Lowell, 13, 29, 87, 100, 181, 210, 214, 216, 216»
217.
LoweU Institute, 216, 217.
r Loyal, 60.
Loyall, 60.
Lioll, 60.
Lisle, 60.
Lloyle, 60.
LyaU, 60.
Lyle, 60.
lLysle,60.
Lucas, 46.
Lucee, 166.
Lyall, see Loyal.
Lyde, 89.
Lyman, 69, 71, 82, 161, 162.
{ Lynd, 63, 81.
} Lynde, 32, 68, 74, 85, 106, 107.
Lyndhurst, 88, 195.
Lyne, 105.
Lysle, see Loyal.
Lytherla&d, 5, 10, 11.
Mackintosh, 131, 210.
Mahan, 173, 174, 175.
Maine, 198.
Mariner, 74.
( Marion, 26, 27.
I Maryon, 26.
Marsh, Coggan's, 95.
Round, 12,
Rumney, 188*
Marston, 71.
Mason, 39, 53, 77, 88, 109, 146, 182, 193, 194.
195, 196, 197, 198, 199, 200, 202, 206, 207, •
208.
Massachusetto, 71, 88, 112, 116, 118, 145, 157.
Massachusetts Qeneral Hospital, 136, 204,
210.
Hospital Life Insurance Co.,
816.
Mather, 12, 16, 84.
Maud, 84, 85, 89, 92.
Maverick, 50.
May, 42, 46, 7L
Mayer, 98.
Mayhew, 10.
McLean Asylum, 222.
McNeill, 49.
Mears, 74, 81, 82.
Melvin, 215.
Messenger, 13, 186, 145, 146, 152.
Metcalf,41.
Middlecott, 18, 63, 65, 66, 104, 105, 107, 118,
121.
Middlesex, 34.
Middlesex Company, 215.
Digitized by VjOOQ IC
Index.
229
Middleton, 146.
MilUDam, 1, 52, 75, 185, 202.
Millard, 104. 106, 142, 148, 151, 163,
Miller, 56, 142, 163, 164.
Millet, 168.
Milner, 47.
SMiDot, 86, 41, 54, 65, 66.
Mynot, 36.
Mynolt, 34, 36.
Missouri CompromiBe, 208.
Molineauz, 120.
S Monclc, 81.
} Monk, 121, 132.
Moo roe, 47.
Montague, 148.
Moore, 183, 199, 200.
Morgan, 183.
Mors, 150.
Morton, 71, 7ft.
Mount Hoardam, 101.
Pleasant, 191.
Tom, 79, 83.
Vernon Proprieters, 2, 6, 89, 40, 51,
57, 140, 144, 146, 165, 182, 187, 191,
202, 203, 204, 205, 211.
Washington, 79, 88.
Munroe, 47.
Murray, 199.
Myles, 95.
mJSoJ;.! *•>«-<"•
Nabby, 170.
Kahant, 77.
Neck, The, 82, 41, 48, 09, 72, 168, UO, 167, 109.
Neck lands, 42.
Newbury, 217.
Newburyport, 217.
New Bngtand, 17, 81, 47, 171, 210, 214,
Newgate, 68, 81.
Newdtoite, 81.
NewhiOl, 126, 188.
Newport, 193, 205.
New York, 88, 199.
Nicholas, 61.
Nicholson, 16.
Norfolk, 103.
North Briton, 89.
North Bnd, 41, 46, 71.
Noyes, 41.
Odlin, 5, 6, 10, ll, 189.
Oliver, 81, 55, 152, 188, 200.
©rbom, 205.
Osbom, 206.
Osgood, 77.
Otis, 89, 45, 58, 59, 100, 146, 185, 193, 194, 195,
196, 197, 198, 199, 200, 202, 208, 204, 205,
206, 211, 212, 220.
Oxenbridge, 15, 95, 97.
Paddock, 146.
Paige, 81, 85.
(Paine, 41, 307, 198.
J Payne, 41, 71.
Palmer, 34.
Parker, 10, 41, 49, 129, 163, 210, 211.
Parkman, 69, 113, 161, 180,
Parson, 55, 79.
Passage-way, The, 17, 18.
Paque, 51. «
Pavilion, 95.
Pavilion Hotel, 96.
Pazton, 17, 19, 121.
Payne, see Paine.
Peabody, 75, 97.
'Peapes, 10, 189.
Peepy, 11.
Pepis, 2.
Pepy8,2,a,6,10,180,190.
Peyps, 2.
PeU, 104.
Pemberton,40,41,82,91.
!Peniman,24.
Penniman, 24.
Pennjnaian, 23.
Peninsula, The, 4, 6.
Penn, 34, 86, 37, 55, 05, 96, 97.
Pepis, see Peapes.
Pepperell, 64, 165.
Perkins, 71, 124, 139, 140, 149, 182, 183.
FhilBp8,88,89,40,41, 54, 65,56, 57,58, 61,
91, 92, 93, 94, 96, 108, 113, 135, 186, 189,
190, 196, 201, 202, 207, 208.
Pickering, 109, 206.
Pickman, 205.
Pierce, 47, 158.
Pitts, 81.
Place, Ashburton, 73, 74, 77, 88, 88, 99, 100,
114.
Bedford, 27.
Bellingham, 91.
Bowdoin, 128.
Bulfinch, 68.
Chapman, 146.
Ohauncy, 26, 27.
Cotton, 90.
Exuhange, 67.
Faneuil, 91.
Franklin, 29, 80^ 154.
Funnel, 91.
Joy, 188.
Lucas, 46.
Montgomery, 66.
Morton, 29.
Mt. Vernon, 159, 161.
Otis, 64.
Somerset, 68.
Suffolk, 27.
Training, 10ft.
Vane. 90*
Winthrop, 64, 167.
Point, The, 51.
South Boston, 170.
Pollard, 2, 6, 11, 107, ISO,
Pond, Frog, 64.
Mill, 4, 107.
Wheeler's, 27.
Poorhouse, 50, 51.
Pordage, 81.
Portage, 81,
PoweU, 182.
Pratt, 68, 206,
Preble, 27.
Prentice, 80,
Prescott, 205.
Price, 6, 19, 71.
Prince, 43.
Prior, 137.
Probate Office, 45, 198, 215.
Probate Record, 96, 143, 14ft, 14A.
Providence, 11.
Providence I>epot, 52, 53.
Pue, 17, 19.
Putman, 109, 214.
Quincy, 52, 59, 70, H, 94, 128, 194, 211.
Railroad, Metropolitan, 64.
Rand, 62, 100.
Records, Charlestown, 1, 8.
Reed, 92.
Registry of Deeds, 65, 88, 20t.
Reservoir, Beacon HiU, 142, 147, 103.
Rice, 221.
Richards, 55, 99, 147, 151.
Richardson, 49.
Richmond, 219.
Ridgeway, 65.
River, Charles, 1, 2, 10, 190, 192, 200.
Muddy, 84.
North, 199.
Road, Tremont, 82.
Digitized by VjOOQ IC
230
City Document No. 105.
Robbins, 96.
Koe, 110.
Bogers, 107, 113, 120, 121, 128, 182, 136, 149,
183, 195.
BiiniilylCl.
Bopes, 75.
Kope.walk, The, 146, 147.
Harrison's, 48.
Jenner's, 66.
Old, 61.
Pearl St., 62
Tyler & Caswell's, 51.
Row, Colonnade, 12, 167.
Merchant's, 72.
Tremont, 74, 75, 77, 81, 82, 84, 88, 89,
92, 94, 96, 97, 114.
Itowe, 20.
Roxbury,28,31,41,191.
Roxburv, Mill Co., 63.
Itoxburjr, West, 170,
Kl7RglC8, 163.
Umnsev, 218.
Runneir, 51.
KuKsell, 34, 35, 61, 71, 74, 90, 179, 217.
Bast, 45.
Balem, 14, 47, 07, 130, 135, 137, 138, 206.
Balem, Annals of, 138.
Salmon, 77.
Salter, 17, 18,19.
Saltonstall, 137, 146, 168.
Sandcrcon, 26, 92.
Sanford, 164.
Sargent, 50, 90, 219.
Saunders, 47, 69, 70. .
Savage, 15, 41, 50, 84, 85, 164.
Sawyer, 186, 206. ,
School, Grammar The, 18.
Chauncy Hall, 27..
Latin, 71.
Bchool-house, The, 17, 18.
Higti & Latin, 27.
Old, 1.7.
Scollay, 29.
Sconce, The, 20.
Soott, 95, 109, 159, 160.
iScotto, 13, 15, 89, 95, 104.
Scottow, 63, 65, 66, 93, 104, 105, 166, 135,
142, 143, 148, 163.
Bears, 97, 108, 135, 177, 185, 201, 204, 211, 220.
Seven Star Inn, 26.
Sewall, 10, 11, 14. 16, 33, 44, 56, 73, 74, 82, 85,
87, 89, 107, 108, 152, 163, 164, 165, 166, 183,
185, 18A, 187, 188, 192, 194, 195, 200, 204.
Shattuck, 68.
Shaw, 1, 2, 4, 69, 92, 126, 170, 172, 178, 175.
Shawmutt, 1, 8.
Sheafe, 45.
Shelton, 85.
Sherburne, 99, 108.
Sherman, 163.
Shlppeo, 74» 86,
Shriropton, 96, 121, 132, 133, 143, 148, 149,
151, 152.
Bhurtleff, 143.
Shute, 149.
Slmpkins, 50, 135.
Smith, XO, 17, 19, 46, 71, 106, 128, 131.
Snow, 1,9, 10.
Society, Brattle St., 82, 114.
Dr. Kirks, 73.
Episcopal, 16, 73.
Hlstoricaf, 18, 98.
Mass. Historical, 16, 29, 88, 71.
Society, Prince, 31.
South, 15, 22.
Unitarian, 73.
Somerset, 73.
Somerset Club, 97.
Soraerville, ^m.
( Bouthac, 82.
\ Boutback, 73, 74, 79, 81, 82, 84, 86.
South Cove, 169.
South End. 46, 50, 164.
8parhawk,41.
Bpear, 139, 140, 141.
Spence, 217.
Bpooner, 113, 120, 121.
Spring Hotel, 81.
Spurr, 139.
Square, Bowdoin, 83, 34, 86, 69, 82, 141.
Brattle, 111.
Oomhlll, 27.
Dock, 32.
Hanover, 196.
Johnson, 31.
Lonieburg, 39, 186, 186, 202.
Pomberlon, 38, 64, 73, 74, 77, 78, 7»,
82, 83, 89, 90, 92, 94, 100, 169.
Pepper, 64.
Pep^erell, 64.
St. Botolph's, 91.
Wlnthrop, 64.
Btanlford, 32, 34, 82.
Stevens, 69.
Stevenson, 10.
St. Christopher, 210.
Stocks, The, 27.
Stoddard, 138, 149.
Stone, 102.
Btorer, 61.
Btory, 182.
Btoughton, 109.
Street, The, 26.
Allen, 37, 61.
North, 87.
South, 87.
AUston, 68, 77, 118.
Ann, 46.
Anne, 60, 72.
Arch, 29.
Atkinson, 48, 49.
Avon, 27.
Bacon, 120.
Beacon, 2, 8, 4, 36, 38, 52, 53, 56, 63,
69, 87, 91, 95, 96, 97, 99, 100, 104,
106, 106, 107, 108, 113, 114, 120,
128, 139, 141. 143. 149, 151, 162,
161, 164, 165, 166, 170, 171, 176,
179, 185, 190, 192, 197, 200, 201,
202, 204, 205, 207, 210, 211, 216,
221.
Batterymarch, 20.
Beckford, 137.
Bedford, 27.
Belknap, 57, 61, 104, 136, 142, 148,
144, 145, 146, 151, 161, 162, 163,
166, 166, 170, 197, 201, 202.
Bishop Stoke, 163, 165, 179.
Blossom, 37.
Bosworth, 66.
Bow, 181.
. Bowd<^, 63, 68, 104, 118, 121, 128.
Boylston, 12, 31, 68.
Brattle, 72, 110^ 112.
Bridge, 37.
Broad, 20, 32, 75, 167.
Bulfinch, 68, 81, 83.
Butolph, 61. .
Bnttolph, 67, 68, 61.
Cambiiidge, 4, 32, 33, 34, 36, 37, 88, 89,
. 42, 50, 61. 54, 66, 66, 57, 58, 60, 63,
66, 66, 68, 69, 93, 104; 107, 116, 121,
142, 143, 145, 202.
Castle, 41, 69.
O^ar, West, 39.
Central, 167.
Centre, 67, 58, 185.
Chambers, 34, 35, 37, 61, 82.
Change, 220.
Charles, 2, 13, 38, 40, 62, 68, 186, 202,
203, 220, 221.
Charter, 33, 44, 130.
Chauncy, 27.
Chestnut, 186, 202, 204, 205, 218, 220.
Clapboard, 146, 146.
Commercial, 21.
Common, IS, 82,
Digitized by VjOOQ IC
Index.
231
Street, Congrem, 82.
Cornblll, 31.
. Court, 13, 14, 32, 74, 81, 83, 84, 92,
135, 168.
Covcjntry, 163, 165, 187, 204.
Deme, 65, 66, 121, 132, 140, 147, 140,
154.
Devonshire, 31.
Dover, 41, 42, 46.
Eaton, 34, 85.
Edinboro', 169.
Eliot, 52, 61, 62.
Elliot, 61, 64.
Elm, 71, 72.
Bssez, 137.
Exchange, 182.
Fleet, 20.
Franklin, 29.
Friend, 37.
Garden, 57.
Gardner, 64.
George, 62, 143, 106, 197.
Gravel, 37.
Green, 32, 36, 37.
Grove, 38, 57.
Grove North, 37.
Hancock, 61, 65, 66, 104, 106, 132, 185,
140, 142, 143, 146, 146, 162.
High, 48, 49.
Hill, 39.
Hollis, 12.
Houchin, 63.
Howard, 73, 74, 79, 81, 82, 100, 114.
Hull, 33, 44, 46.
Hutchinson, 49.
India, 167.
Joy, 61, 151, 182, 163, 166, 170, 182.
Kilby, 146.
King, 81, 32.
Leverett, I, 36, 87, 50, 104.
Lewis, 46.
LindaU, 67.
Lynde, 33.
Market, North, 167.
South, 167.
Marlboro, 32.
Mason, 12.
May, 38, 89, 57, 58, 203.
McLean, 37.
Middlecott, 63, 68, 113, 211.
Milk, 40.
ML Vernon, 40, 64, 120, 128, 182, 140,
141, 143, 144. 146, 150, 151, 154,
159, 162, 166, 182, 185, 186, 201,
202, 204, 205, 206, 211.
Mylne, 26.
Myrtle, 51, 57, 68, 61, 143, 145.
Nassau, 82.
Newbury, 32.
North, 82.
Olive, 146, 196, 204.
Orange, 32, 42, 62.
Park, 06, 128, 166, 220.
Pearl, 49, 51, 52, 66, 60.
Pinckney, 37, 40, 51, 66, 144, 146, 185,
186, 201, 202, 206.
Pleasant, 12, 52, 53.
Pond, 164.
Poplar, 1, 3, 4, 37, 51, 66.
Prfnce, 44, 45.
Province, 55. •
Purchase, 48, 51, 80.
gueen, 32) 84.
usseU, 35.
North, 84, 86. 64, 61.
South, 61.
Salem, 33, 45.
School, 13, 14. 17, 18, 71, 146.
Sea, 79.
Sentry, 12.
Sewall, 163, 165, 179, 183, 187, 192,
204.
• Short, 39.
Snowhill, ai, 44, 45;
Street, Somerset, 73, 74, H, 78, 79, 82, 83, R7,
88, 89, 94. 96, 99, 100, 101, 107, la2,
176.
Southac, 57.
Southack, 39.
Spring, 3.
Spruce, 185.
Staniford, 33.
State, 22, 27, 31, 32, 46, 99, 127, 146,
168.
Stoddard, 81.
Sudbury. 74, 84.
Summer. 26, 27, 48.
Sumner, 146.
Tay, 66, 140.
Temple, 65, 66, 68, 128, 140, 141, 162.
Treamonnt, 82.
Tremont, 12, 14, 15, 23, 25, 32, 36, 55,
62, 73, 74, 79, 81, 82, 83, 93, 96,
96, 158.
Turner, 143, 145, 146.
Union, 71.
Vine, 37.
Walnut, 165, 166, 176, 17 », 180, 182,
185, 186, 201, 202, 204, 207.
Washington, 12, 14, 15, 28, 29, 81, 32,
41, 42, 46, 55, 185, 174.
Wiltshire, 37.
Winter, 23, 32, 194.
Strong, 130.
Stuart, 195.
Sturgis, 96.
Sudbury, 46.
Suffolk Bar, 2,14.
Deeds, 215.
Sullivan, 13, 199, 202, 219.
Summer, 76.
Sumner, 133, 208.
Swan, 185, 202, 206, 218.
Sweet, 51, 66, 60, 201, 202.
Swift, 148.
Talmage, 23.
Tappan, 31, 183.
Tavern, Anchor, 31.
Blue, 81.
George, The, 72.
Tay, 65, 66, 67, 140.
Taylor, 63.
Temple, 67, 113, 141.
Ten Hills Farm, 67.
{ Thacher, 95, 96, 98.
} Thatcher 44, 46.
Thaxter, 61.
Thayer, 27, 186, 205.
Thompson, 96, 99, 104, 136, 143, 151, 162.
Thomdike, 170, 183.
Thurston, 128, 129, 182.
Ticknor, 121.
Tilley,40,49,202.
Todd, 169.
Tomlinson, 121.
Torrey, 46.
Town dock, 72.
Townsend, 96.
Transcript, 3, 4, 9, 10, 16, 70, 83, 90, 121, 137,
140, 154.
Trecothick 121.
Truesdale, 148, 163. 164.
Tuckcrman, 46, 177.-
Tudor, 46, 170, 171.
Turrell, 44.
Turner, 34, 63, 65, 100, 104, 105, 106 107. 120,
121, 132, 133, 136, 137, 138, 142, 148.
Tyler, 51,126, 127, 183.
Tyng, 17. 18, 24, 79, 82.
Tyte,24.
Upland, The, 2.
Urann, 58.
Usher, 89.
Valley Achor. 82.
Acre, 7».
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CiTT DoouMiBin: No. 105.
Vane, 84, 96.
( Vassal 86.
/ Vassal!, 8S, 87, oar, 100.
Vaughn, 29, 80.
Vennoiit, 102.
** Vermont Central,'* 8,4, 7, 8, 12.
Vlall, 2, 180, 190.
Vinal, 170, 200. 201, 211.
Virginia, 103, 218.
Wadsworth, 164.
1 Walt, 26.
) Waite. 26.
Walcott, 89.
Waldo, 65, 80.
Walewskl, 206.
Walker, 6, 10, 11, 12, 160.
Wall, 74.
Warren, 71.
Washington. 158, 182.
Watertown, 60, 81, 107.
Wehb, 46.
Webster, 46, 76, H, 78, 114, 169, 180, 216.
Wells, 61.
( Wendall, 18.
) Wendell. 20, 66.
Whall, 130.
Wharf Brown's, 46.
Capen,79.
Central, 20, 21, 76.
Drake's 79, 80, 123.
Foster's, 20.
Hancock's, 159.
India, 20, 29, 76.
Ix>ng, 20, 21, 22, H, 168.
North Battery, 7).
Old, 20, 21.
Out, 21.
Prentice, 48.
Kowe's, 20.
Russia, 48.
Scarlet's, 20.
T,21.
Wharton, 66, 121.
Wheston, 66.
C Wheelright, 196.
\ Wheelwright, 61, 67, 145, 166, 166, 186,187,
C 196, 201, 21)2.
Wheetland, 138.
Whetcomb, 164.
Whipping-post, The, 27.
White, 46.
Wigghi, 107.
Winlesworth, 206, 218.
WUder, m.
Wilkes, 86, 89, 00.
( Willes, 100.
i WUlis, 62.
WUliams. 2, 8, 6, 80, 42, 66, 148, 166, 187,
188,189,190.
Williamson. 118.
Willis. »ee Willes.
Wilson, 1, 60, 163.
Windsor, 102.
Wing, 10, 89. 96, 99, 151.
Winisimet, 24.
VHnthrop. 4. 6, 11. 15, 61, 60, 67, 71, 80, 114.
167, 507, 208, 210.
Wiswall,81.
Witherle, 42.
Wolf, 72.
Woodward, 71, 107.
Woolsack, 88.
Worcester, 160.
Worcestershire, 217.
Workhouse, The, 12.
Wyard,28.
Wyre, 28.
vyre,
Yankee, Hero, 71.
Yeale, 74.
Yeamans, 133, 136, 143, 146, 140.
Neobobs.
Angola, 28, 24.
CiBLr,61.
Cato,61.
CuffBufFtim, 61.
Dinah, 61.
Menene, 24.
Meneno, 23, 24.
Olive, 61.
PhUlis, 61.
Pompey, 61.
Rose, 61.
Sdpio, 61.
Violet, 61.
John Wampas, 28, 25,
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