FEBRUARY MEETING, 1903.
A Stated Meeting of the Society was held at No. 25 Beacon Street, Boston, on Thursday, 26 February, 1903, at three o’clock in the afternoon. In the unavoidable absence of the President, Mr. Andrew McFarland Davis was called to the chair.
The Records of the last Stated Meeting were read and approved.
The Corresponding Secretary reported that letters had been received from Mr. John Noble, Jr., of Cambridge accepting Resident Membership and from the Rev. Dr. Williston Walker of New Haven, Connecticut, accepting Corresponding Membership.
On behalf of Mr. Denison R. Slade, Mr. Henry H. Edes communicated the following documents drawn from the papers of Richard Clarke, one of the consignees of the tea sent to Boston in November and December, 1773.
I.
RICHARD CLARKE1 TO ISAAC WINSLOW CLARKE.
Boston, June 21st: 1762
Dear Isaac
As you are now about entring on a new scene of Life, I judge it may be serviceable to you to give you some advice as to your future conduct, which I hope you will receive as proceeding from a tender concern for your Welfare. In the first place I must entreat you will begin this new part of life with devoting yourself to the service of the Great God, from whom you have received all that you have, & on whom you entirely depend, for all Happiness, both in this world, & through an endless Eternity—A Stedfast desire & endeavour to approve your self to Him by a sincere obedience to his laws, is the true and only foundation of Happiness; & if you cultivate the fear and love of God in your heart, you ’le have the best principle for your guidance through the various scenes of your comeing life, and you may depend with chearfulness on His gracious protection & blessing—
I esteem it a great favour that I have been able to get you into Messrs: Bethune’s1 Warehouse. I have no doubt of their behaving to you with Justice & kindness, & I have adventured to assure them of your making the returns of fidelity, diligence and submission to them, and I hope & depend on it, that you will make good every thing that I have said in your favour. I flatter my self that you have the principles of fidelity, diligence & submission in you, but perhaps it may not be amiss to give you my thoughts about some particulars in your conduct towards your Masters. I hope then that you will chearfully do whatever your Masters direct you to do, even the lowest offices, for I am sure they won’t desire any thing unreasonable of you; fix it in your Mind, that They are the best judges what business to set you about & chearfully obey their orders without the least reluctance; the least sign of uneasiness with your Master’s orders will be very displeasing to them, & very hurtful to your self—Diligence in the business you are engaged in will not be more pleasing to your Masters than it will be beneficial to yourself. I hope therefore you will continue to cultivate & strengthen a Habit of Industry, & if your Master’s Business does not fill up your Time at the Warehouse, I would advise you to have some useful Books by you to employ yourself, & I think it will be of great service to you in your future life, not only to retain the knowledge you have already of the latin Tongue, but to endeavour to make a further proficiency therein. As to honesty & fidelity with respect to your Master’s interest or property which they may entrust you with I trust I need say but little to guard you against the contrary vice. I thank God, that I have never found the least sign of dishonesty in any of my Children & I hope I never shall. I hope you ’le always have the utmost abhorrence of every appearance of this Vice, which is most offensive to an infinitely just God, who sees our most secret actions, & must ruin every young person with respect to this World who is guilty of it. I would only farther caution you with respect to the company you may convene with I am afraid you ’le meet with too many loose, idle young people in this Town. I hope you will not allow yourself in a familiarity with any of this character. The contagion of their bad example will, unless you shun such company, rob you of your innocency & be of the utmost bad consequence to you; & let not the loose talk or behaviour even of those that are advanced in Life, if you should see any thing of this sort, weaken the principles of Religion & Virtue which I hope you have imbibed. Make it your daily prayer to God, & use your own endeavour, to be kept against Temptation—I forgot to mention that it will be absolutely necessary to keep an inviolable secrecy with respect to your Master’s concerns.
I hope, my dear Child, that you will not only give the aforegoing a careful reading, but endeavour to fix these few Rules for your conduct, in your Mind. Be assured that I have the tenderest concern for your happiness, & shall always be ready to do all in my power to promote it—I commit you to the guidance & blessing of God through time & eternity—I am
Your affectionate Father
Richard Clakke
My Son Isaac Winslow Clarke1
II.
MEMORANDUM FROM ABRAHAM DUPUIS AND COMPANY CONCERNING TEA SOLD TO RICHARD CLARKE AND SONS.
Whereas the East India Company, have come to a Determination of Sending out Teas on their own Accot. to America & have fixd on the House of Messrs Richard Clarke & Sons of Boston N E as one of Three Houses there by them Deputed to Sell their Teas under a Security Given here to ye said East India Company for ye Due Performance of ye Contract on ye Part & Behalf of ye said Richard Clarke & Sons which Contract Recites that ye Teas shall be at ye Risq of ye Said East India Company from ye time of their Being Shipped to that of their being Sold & that after ye Sales of them the Security is to be bound that within two Months the Said Richard Clarke & Sons shall Remit ye Amount of ye same to ye East India Company in Bills at 90 Days The Company in Consideration thereof allowing to ye Said Richard Clarke & Sons a Commission of Six ꝑ Ct on the Sales of their Teas as also Two ꝑ Ct for ye Risq of ye Exchange making in ye whole Eight ꝑ Ct—And whereas The Bills so by them to be remitted for payment of the Teas are to be Remitted to Abram. Dupuis & Co for their Negotiation as well as Payment of Bills Drawn on them by said Richard Clarke & Sons in favor of ye E: I: Company It is hereby Understood & agreed to that ye Said A D & Co shall make no Charge on said. R. C. & Sons neither for the Receiving ye: Bills so by them Remitted nor for Payment of such Bills Drawn on them in favor of ye Company
And whereas ye Said A D & Co have bound themselves to ye Said East India Company for ye Just & due Performance of all ye above on ye Part & Behalf of the said Richard Clarke & Sons It is hereby Agreed between the said R. Clarke & Sons & ye said A Dupuis & Co that for & in Consideration of Such Security &c. for this first Parcell of One Hundred Chests so Consignd by the East India Company to ye Said Richard Clarke & Sons that ye said A Dupuis & Co shall have & Receive as their Proportion of ye Allowance so made to them by ye E: I: Company Only One Third Part as also One Third Part of whatever Further Benefit may Accrue to ye said R Clarke & Sons either in Exchange or Damages of any Protested Bills that may happen to be protested thro’ ye Means of this Undertaking or any other Emolument Attending ye Same—But in Case ye E: I: Company should Continue to make any further Consignments to ye Said R Clarke & Sons ye Said A Dupuis & Co are to have One half Proportion of all ye Advantages as above in Lieu of One Third—& that as in this Case ye Security will in Coarse become so much ye larger on ye part of A D & Co ye said R Clarke & Sons are to Send over Sufficient Securities as a Counter Ballance to ye Securities so Given by A D & Co to the E: I: Company
AbraM. Dupuis & Co
NB This last part respecting ye further Division of the Allowance from ye Company &c not to be Valid till Confirmd by Messrs: Richard Clarke & Sons1
III.
WILLIAM BROWNE TO RICHARD CLARKE.
Sr
Please to send me 2/4lb. Green Tea and 1lb. Souchon by the Bearer hereof and I’ll send or call and pay you for it the first Oppertunity
I am
Yr. hble Servt.
Wm Browne
Salem Nov. 8. 1773
Mr Bartlett
[Addressed]
To
Richd Clark Esq.
In Boston
[Filed]
Salem Nov 8th 1773
Collr Wm. Browne’s
IV.
PETITION TO THE GOVERNOR AND COUNCIL.2
May it please your Excellency & this Honble board, we hope that on a consideration of the great injuries which we have received and the difficulties we are now under merely as we suppose on accot of our being appointed by the Honle E: I. Co. to sell their teas designed for this place, that your Excellency & Honors will grant us that protection, assistance and advices, wch we have implored and which is so needful for us in our present circumstances—The interest committed to our care is of great value; and we are as Merchants & honest men under every obligation, to do all in power to secure the same from every injury, & as far as we. shall judge it practicable; to follow the directions which we shall receive from our Constituents as we doubt not they will be legal & reasonable, but as we judge this will not be in our power to execute their orders; without exposing the Town to great confusion, & perhaps to many consequent mischiefs, and our constituents interest to danger we shall be willing & desirous to give our orders, under your Excellency & Honors protection & assistance to have the Teas on their arrival deposited in some safe place and there to remain on such conditions and during such a time as your Excellency, & Honors shall please to direct or advise for that end. And we beg leave to declare our readiness to indemnify the province and your Excellency & Honors from all charges & risques, that may be thought will arise from your Excellency & Honor’s giving your directions relative to sd affair.1
by thise with ringing the Bells & other means a number of people were collected at Liberty Tree from thence they came to the Store of R. Clarke Esqr & Sons where we the supposed Factors were together a number came from among the people as a Committee into the Store & demanded that we shou’d promise not to receive the Teas nor pay any duty on them but immediately on their arrival reship them for Engd. in the same bottom, which upon our refusing to comply with they saying we must expect the weight of the people’s resentment left us return’d to the people soon after which the people before the door attacked the Store in a riotous manner & attempted to force their way into the room where we were but were prevented, by us & our Friends within & after repeated efforts of this sort they dispers’d On friday the 5. inst. the Inhabitants of this Town assembled at Faneuil Hall and passed several resolves relative to the Teas expected to be sent here by the H. E. I. C. two of which we beg leave particularly to lay before your E. & yr. H. Board.
We recd. the same day an attested Copy of the follg Vote of the Town Viz——& on the same day the follg answer was sent into the Town meetg., the next morning the Town being again assembled Mr. T. H.1 upon receivg. the same Vote of the Town return’d the following Answer Viz——upon receivg. which the Town voted that both the answers were unsatisfactory & daringly affrontive from which time to ye 17. inst. we recd. no attacks nor insults excepting one or two menacing Letters but on the eveng of ye 17. on which day Capt. Scot2 arriv’d from London in whom came passenger Jona. Clarke one of the Factors of the h’ble E. I. C. a great number of people assembled to gether in a riotous manner & violently attacked the house of R. C. one of your Petitioners & with Stones Brickbats Clubs & Cord wood Sticks continued for the space of two hours breaking the windows & window Shutters & doing other damage whereby the Lives of the family were in imminent danger notwithstanding many efforts to disperse the People3 on the next day another Town meeting assembled from which we recd. by their Committee the following Vote——to which we return’d the following answer.1
From these circumstances Your Excellency & the Honble: Board must be sensible that our scituation is difficult And as we are not conscious in any one instance of havg: forfeited the esteem of our Fellow Citizens, much less the protection of Governmt: we flatter ourselves that it will be afforded to us upon this occasion & we trust that Your Excell: cy & Honors will at all times find in us a readiness to adopt any measures that are reasonable to restore peace to the Inhabitants always keeping in view our own honor & Justice to those who have committed their property to our trust
V.
CONSIGNEES OF THE TEA TO THE TOWN OF BOSTON.1
In answer to the Message we have this day receiv’d from the Town we beg leave to say that we have not yet receiv’d any orders from the East India Compy. respecting the expected Teas, but we are now further acquainted that our Friends in England have enter’d into penal ingagemt. in our behalf, merely of a commercial nature, which puts it out of our power to comply with the request of the Town We are &c.
Boston Novr 18. 1773.
R. Clarke & Sons
B. Faneuil ju’r for Self & Jos. Winslow Esqr.
E. Hutchinson for my Brother & Self.
VI
RICHARD CLARKE TO JONATHAN AND ISAAC WINSLOW CLARKE
Boston Novr: 23d: 1773
My Dear Sons,
As I propose to be absent from Town a few days, I hereby give you full power to make whatever agreement you shall thinkfit, respecting the Teas, which we expect to he sent us from the East India Company, and promise to confirm whatever you shall do in this Affair whenever it may be required of me.
I am
Your Affectionate Father and faithful Friend
Richard Clarke
Messrs: Jonathan,
& Isaac Winslow Clarke
[Addressed]
To
Messrs. Jonathan & Isaac Winslow Clarke
Merchts.
In Boston
VII
RICHARD CLARKE TO ISAAC WINSLOW CLARKE.
Boston Aug. 9th 1774
Dear Isaac,
I judge from something I have heard, that it will be best, that our family remove to Town as soon as may be. I have not yet seen Mr. Lee,1 but think that we shall spend the winter wth. Mr. Copley. The Articles that we shall want are Bedsteads, beds, bed Cloaths, and the household linen, the plate, knives & forks, pork (which I think it will be best to pack in the half bll) and what Bacon may be left, as to any other articles I must leave it to you & your Sister, what may be wanted, and what may be transported wth. the least difficulty, if it would not be attended with too much trouble, I should be glad to have our wine & porter sent, but would not have you loose too much time about them, our friends will be so good as to send them hereafter. If any disturbance should take place soon I hope you will be on your guard—I look on the times to be perilous, and besides dont see any prospect of your doing any business at Salem, and therefore would advise to your hastening to this place. Give my love to the family, and our friends down in Town.
Your affec. Father
Richard Clarke
P. S. We shall want the salt fish & perhaps many things, which I do not now recollect
Again on behalf of Mr. Slade, Mr. Edes communicated a printed handbill which has been preserved among the Clarke family papers. It is as follows:
Brethren, and Fellow Citizens!
YOU may depend, that those odious Miscreants and detestable Tools to Ministry and Governor, the Tea Consignees, (those Traitors to their Country, Butchers, who have done, and are doing every Thing to Murder and destroy all that shall stand in the Way of their private Interest,) are determined to come and reside again in the Town of Boston.
I therefore give you this early Notice, that you may hold yourselves in Readiness, on the shortest Notice, to give them such a Reception, as such vile Ingrates deserve.
JOYCE, jun.
(Chairman of the Committee for Tarring and Feathering.
☞If any Person should be so hardy as to Tear this down, they may expect my severest Resentment.
J. jun.
Mr. Albert Matthews spoke as follows:
When Mr. Edes showed me the other day the handbill which has just been exhibited, I said that I had among my papers some notes bearing on the subject and that I would bring these to the meeting to-day. This particular handbill, as we learn from a Boston newspaper, “was seen pasted up on the most public Places in this Town” on “Saturday Morning last,” January fifteenth, 1774.1
It is to be regretted that our liberty-loving ancestors of the stormy decade between 1765 and 1775 should have persecuted with such bitterness those who differed from them in their political beliefs. The passage of the Stamp Act was the signal for an outburst of violence from Halifax to Georgia. At first this was confined to the comparatively harmless amusement of hanging and burning in effigy Bute, Grenville, and others who had been, or were popularly supposed to have been—for mistakes were sometimes made,—instrumental in procuring the enactment of that fateful measure. Soon, however, the patriots resorted to less pardonable methods, and by the autumn of 1768 we find that the practice of tarring and feathering had become well established. On a future occasion I hope to be able to give the history of this practice in some detail, but at present I shall confine myself to Joyce Junior. So far as I am aware, this at one time noted personage made his first appearance in the handbill exhibited by Mr. Slade. For several years he was a conspicuous figure in the streets of Boston.
In a series of articles called Reminiscences, printed in a Boston newspaper late in the year 1821, the author, alluding to the celebrations which took place on Pope Day, said:
A man used to ride on an ass, with immense jack boots, and his face covered with a horrible mask, and was called Joyce, Jr. His office was to assemble men and boys in mob style, and ride in the middle of them, and in such company to terrify the adherents to Royal Government, before the Revolution. The tumults which resulted in the Massacre, 1770, was excited by that means.—Joyce Junior, was said to have a particular whistle which brought his adherents, &c. whenever they were wanted.1
This is the only explanation I have met with of the origin of Joyce Junior, and there are good reasons for doubting its accuracy. First, it is obvious that a celebration which took place on November fifth could hardly have given rise to a tumult which did not occur until March fifth. Secondly, it will be noted that, according to our author, a chief object of Joyce Junior was “to terrify the adherents to Royal Government, before the Revolution.” But until 1765 all the colonists were adherents of the Royal Government, yet Pope Day had been celebrated in Boston certainly for a generation, and doubtless for many generations, before the Stamp Act.2 Thirdly, our author’s description of the appearance of Joyce Junior does not tally, as we shall later see, with what Mrs. Abigail Adams wrote about him in 1777. Finally, our unknown author was writing half a century after the event and not even from personal recollection. In the first of his Reminiscences, he says:
I propose to mention what I remember, connected with some things which I have heard, of the Town of Boston. I have known it from about the time of the peace of 1783;—and can remember accurately about one third of a century.3
Hence, on his own confession, he could not remember accurately what took place before 1788. We all know so well how treacherous a thing the memory is, that perhaps illustrations are superfluous; but there happens to be one which is so apt that I cannot refrain from bringing it forward. At the very time when our author was writing his Reminiscences in one Boston newspaper, in another Boston newspaper there were appearing the Recollections of a Bostonian. The writer introduces his Recollections as follows:
Mr. Russell—Monday last, Nov. 5th, being “Pope Day,” brought to my recollection scenes of former days.—Some of them I have placed on paper. To three fourths of your readers they may be new, and perhaps amusing to others.
Yours, A Bostonian.1
In his second article the Bostonian gives this interesting account of his experiences after the evacuation of Boston by the British:
The British army evacuated Boston on the forenoon of Sunday, the 17th March, 1776. On the afternoon of that day, I landed . . . at the bottom of the Common, near the high bluff, which was taken away a few years ago to make Charles-street. . . . On crossing the Common, we found it very much disfigured with ditches and cellars, which had been dug by the British troops, for their accomodation when in camp. To our great regret, we saw several large trees lying in the Mall,2 which had been cut down [by the Tories] that morning. . . . The Mall was originally laid out with only two rows of trees, a third was added a few years before the war, which we found were all cut down for fuel, together with the intire fence which surrounded the Common, as was also a large magnificent tree, which stood on the town’s land, near the school house in West-street, of equal size with that which now stands in the middle of the Common, both of which I suppose to be aboriginals.3
The language here used seems to imply that the Tories cut down all the trees in each of the three rows, but possibly the Bostonian means that they cut down only the trees in the third row. Now it so happens that we have documentary evidence in regard to the planting of those three rows of trees. The first row was set out in 1725, the second in 1734, and the third in 1784.4 In short, those trees which the Bostonian in 1821 so confidently declared had been “added a few years before the war” and had been cut down by the Tories in 1776, were not planted until eight years after the British left Boston! After this striking example of the unreliableness of memory, we need not place too implicit confidence in the Reminiscences.
But to return to Joyce Junior. As already stated, his first appearance was apparently in the handbill exhibited to-day. For several months after he was very much in evidence. In a Boston newspaper of 31 January, 1774, will be found the following:
Yesterday Morning the following Hand-Bill was seen pasted up on the most publick Places in this Town, viz.
Brethren, and Fellow-Citizens!
THIS is to Certify, That the modern Punishment lately inflicted on the ignoble JOHN MALCOM, was not done by our Order—We reserve that Method for bringing Villains of greater Consequence to a Sense of Guilt and Infamy.
JOYCE, junr.
(Chairman of the Committee for Taring and Feathering.
☞If any Person should be so hardy as to tear this down, they may expect my severest Resentment.
J. jun.1
The next extract is from a newspaper of 28 March, 1774:
A CARD.
THE Plymouth Protestors present their Compliments to Joyce, jun. and ask the Favor of him to make Preparation for a Reception of a select Committee from their Body, who propose to honor the Metropolis with a Visit very soon.1
In a newspaper of 17 March, 1777, was printed this notice:2
JOYCE Junior,
PRESENTS his most respectful compliments to those chosen few, who early and faithfully engaged in the Cause of Liberty and their Country, to oppose those Sons of Tyranny who took Shelter behind the British Tyrant’s Edicts, and Band of Hireling Vassals, That he is once more returned from Correcting those Miscreants, after almost two Years Absence; That he will meet them at the old Place of Randezvous toMorrow Evening, 7 o’Clock, in Order to Consult the most effective Ways and Means to carry into Execution the Act of this State to prevent Monopoly and Oppression; To see what is best to be done with those shameless Brass Faced Tories, who have the Audaciousness to remain among this much abused and insulted People, and still carry on their Treacherous Designs; To take the best Methods to get rid of a Set of abandoned Miscreant Tories, who have been drove out of the several Towns in this State for their Villainous Doings, and have taken Shelter in this Town; To take some effective Method to prevent their frequent Meetings, and Act upon all such Matters as shall come before them.
N. B. I desire you would make a proper Enquiry of a Rescinding Calf,1 a Malden Porter,2 a Cape-Ann Serjeant3 and a Refugee Upham.4
That the threat against the persons mentioned in the last paragraph was not an idle one, is shown by the notification which was issued 19 April, 1777:
BOSTON, April 19, 1777. 5 o’Clock, P. M.
Mr. Edes,
Omit publishing the following at your Peril.
A NOTIFICATION.
WHEREAS, by my express Command, this Day, five Tory Villains were carted over the Line on Boston Neck, viz. William Jackson,1 Nathaniel Cary,2 James Perkins,3 and Richard Green,4 of this Town, and a certain Epes Serjeant,5 of Cape-Ann, Persons, whose Characters have been so uniform, for some Time past, as not to be marked even with the Shadow of a Virtue:—AND whereas there are many more of the same Stamp in this Town, and others daily coming in from the Country, because the Towns they resided in could no longer bear their unparallelled Wickedness, lest they make others as bad as themselves.—AND whereas I have certain Information of a Gang of Tories, who have Weekly Meetings at particular Houses in this Town, under Cover of the Night, then and there consulting and wickedly contriving to ruin, if possible, this once happy Land:—AND whereas there are several Merchants, Shopkeepers and others in this Town, who have a large Quantity of Dry Goods, and West-India Produce, which they have secreted, and still refuse to sell, altho’ the good People of this State, and the Army, are in immediate Want of such Articles; and others that do sell, are guilty of many wicked and evil Practices, in adulterating certain of their Goods, and others refusing Paper Currency;—AND whereas, notwithstanding the many good and wholesome Laws of this State, Villains of each of the foregoing Denominations, either by Evasions, or by having their Causes supported by Persons of a certain Class, called Moderate Men, alias Hypocrites, escape condign Punishment:—
I HAVE therefore thought fit to issue this my NOTIFICATION, strictly charging and commanding all Persons who are guilty of any or all the Vices and Enormities herein before enumerated, that they forthwith cease from all such nefarious Practices, otherwise they may rely on Judgment without Mercy; as I am determined to punish with Rigour all such notorious Offenders, notwithstanding the impotent Threats of a certain little retailing Shopkeeper near the Corn hills Brazier, and others, Persons who I know never were blest with the best of Characters in political Matters; and who, if I hear any more of their Impertinence, shall endeavour to teach THEM Wisdom.
I DO hereby require, in Compliance with the good and wholesome Laws of this State, and for the Good of the Public, for whom I stand forth, That all who have left Butchering, Droving, Horse jockeying, Shoe-making, Sand-driving, and assum’d selling by Wholesale or Retail West India Goods, and all others in the same Business, and of Huxtering, that they forthwith open their Stores and Shops, and sell openly and publickly, Rum, Sugar, Molasses, Cotton-Wool, &c. &c. at the Prices stipulated by Law.
I DO further command and require all Meetings of Tories to cease from this Time, or else I shall take an Opportunity of breaking up their further gossippings at the Widows. And I do Caution the said Widow from permitting her Son going with any more Letters to Reading and Concord. I most affectionately return my Thanks to those free Sons who gave me their Assistance this Day. I shall notify when I would be glad to see them again.
JOYCE, Junr.1
From an altogether different source we get another account of this affair. On April twentieth Abigail Adams wrote to John Adams, then in Philadelphia, as follows:
I hate to tell a story unless I am informed of every particular. As it happened yesterday, and to-day is Sunday, I have not been so fully informed as I could wish. About eleven o’clock yesterday William Jackson, Dick Green, Harry Perkins, and Sargent, of Cape Ann, and A. Carry, of Charlestown, were carted out of Boston under the direction of Joice junior, who was mounted on horseback, with a red coat, a white wig, and a drawn sword, with drum and fife following. A concourse of people to the amount of five hundred followed. They proceeded as far as Roxbury, when he ordered the cart to be tipped up, then told them if they were ever caught in town again it should be at the expense of their lives. He then ordered his gang to return, which they did immediately without any disturbance.2
Mrs. Adams left her letter open until the next day, and on the twenty-first added this paragraph:
Have now learned the crime of the carted Tories. It seems they have refused to take paper money, and offered their goods lower for silver than for paper; bought up articles at a dear rate, and then would not part with them for paper.3
The same day on which “Portia”—as John Adams was wont to call his wife—wrote the above letter, the following paragraph appeared:
A Soldier in the Continental Army, at Barracks No. 2, Cambridge, presents his Compliments to the Hon. PATRIOT, Joyce., jun.—and would be greatly satisfied, if his Honor would condescend so far as to pay him a Visit that Way—as he is much Wanted.
Cambridge Barracks, April 20th, 1777.4
A few days later Joyce Junior was once more heard from:
Messieurs Powars and Willis,
Boston, April 23, 1777.
You are ordered to publish the within (to-morrow in your paper) at your peril.
JOYCE, jun.
AS I have certain information that the AMORY’s1 and others, have very large quantity of Rum, Sugar, &c. in this town—and that many loads of these articles have been sent to Sherburn to the care of Capt. Newall of that place—and to other towns in the country, under pretence of sending them to the Continental army—and further, that some large retailers of English goods in this town, have a great assortment by them—that was saved by the other tories during the enemies being in possession of this town, and refuse to sell—notwithstanding the great want of all the before mentioned articles—I therefore give them this public notice that they conform immediately to the Laws of this State at their utmost peril.
I beg the good people of this State when any traders appear among them belonging to this town, offering more than the regulated price for any article they have for sale—that they immediately send me the particulars in a letter directed to me, left at Edes’s office, Queenstreet.
N.B. I am glad to hear my advertisement of last Monday [21 April] has brought some persons to a sense of their duty.
JOICE, jun.2
It is possible that the measures threatened and those actually carried into execution may have called forth some serious criticism; at all events, on May first the following satirical remonstrance appeared:
May 1, 1777.
WELL Mr. Joyce, jun. what have you been doing? How could you find it in your Heart to frighten 2 or 3 poor Women and Cart so cruelly five lunatick Tories, only because they were enemies to their Country? fie, fie! your Honour is certainly hard-hearted: why the whole Town is dissolved in Grief; the Old Women do nothing but read the Book of Martyrs, and the Young Ones, the Precious Song of the Babes in the Woods. In seventy five no body had cause of Woe, we were then in a perfect State of Felicity; and even those that were so foolish as to quit the Town were generously allowed to carry Five Pounds with them, though they did not leave above 5000 behind them, to be plundered by our humane Friends in the British Army: I would ask you in a free and independent State, whether every Person has not a Right to do every Thing in his Power to Ruin the Country with Impunity, and Distress every Department by Monopolizing? You cannot deny but that they can, and have a Right to do it, and it is our Part to yield to them and suffer the Minor to swallow the Major.
A SOLDIER.
To the Hon. Joyce, jun.1
With one more extract we may bring to a close our account of Joyce Junior:
A CARD
A True Friend to America, compell’d by the Necessity of the Times, presents his Compliments to Joyce, Jun’r, and tho’ he acknowledges the Method of extirpating Tories, would come better from Government, yet he apprehends the Reins at preseut so lax, that spirited Measures should be taken by some Well wisher to his Country, and one who will proceed in this Business with Order and Regularity.—He therefore earnestly calls upon this spirited Asserter of the American Cause, to proceed in such Manner as he, with the Advice of his Brethren shall think proper, to clear this Town of all noted and suspicious Persons, who are so injurious to this State in particular, and the United States in general, and who will sooner effect our Destruction by their secret Combinations, Consultations, and other diabolical Practices, than the whole Force sent against us by Great Britain.—This Country being once Free from these Pests to Society, he trusts in God, Mr. Howe, with all his mercenary Troops, will never be able to effect their Design.
The other Towns in this State, are also earnestly called upon, to exert themselves in the Salvation of their Country, by some Measures similar to those taken in this Town; and all Committees of Correspondence, Inspection, Safety and others, are desired to keep a strict Watch upon the Motions of these wicked designing Men.
The Intelligence we have had of burning the Stores at Danbury, is sufficient to rouse us from our present Lethargy, and I dare aver, many of these internal Enemies would, with Pleasure, convey the British Troops to our most valuable Magazines.—A Word to the Wise is sufficient.1
It may safely be assumed that with the close of the Revolutionary War, the practice of tarring and feathering came to an end in Boston. Joyce Junior having become a familiar figure, it is possible that he continued to parade the streets on Pope Day, and so perhaps, after all, there may be some truth in the statements made by the author of the Reminiscences. But it would seem to be clear that Joyce Junior had his origin not in the celebrations on Pope Day, but in the bitter political feelings engendered by the Stamp Act. Why that particular name should have been chosen, and what significance there was in the appellation, are questions upon which some of those present can perhaps throw light.
Mr. John Noble said he remembered having seen the name Joyce Junior in papers in the Suffolk Court Files.
Mr. Noble made the following communication:
In a previous communication on the Land Controversies in Maine, certain papers connected with four ejectment cases were printed.2 These, taken from the numerous collections in the suits, were selected not for their bearing upon the issue involved—the title to the lands in question,—but for the light thrown by them upon the early conditions in the Pemaquid settlement and in frontier life, and because they contributed to local history and contained matters of general interest in different directions.
A few days ago there was received from Mr. William D. Patterson of Wiscasset, Maine, a copy of a Petition connected with those suits which he found in the Massachusetts Archives. This document, which explains itself, is presented to-day as an addition to my former communication. I have added a few depositions not before given, bearing upon the Petition, which are in the same line as those before selected, and, like them, chosen without reference to their effect on the legal issue. Two from which a brief extract was then made are now given in full,—to bring out additional points. As before, there are some taken in perpetuam, and a deed or two. The taking of depositions in perpetuam seems to have begun as early as 1717, as appears by the petition, and to have continued at intervals for half a century. The latest, taken at the time of the trial, seem to forebode a litigation of indefinite duration.
The Petition brings out the bearing and importance of the depositions of a venerable woman printed in the former communication1 and explains the vigor of the attack upon her failing memory. The Petition aimed to secure by legislative authority the admission of certain depositions taken fifty years earlier, but at that time excluded by the Courts for defect in the Caption. The Petition is as follows:
I.
To his Honor the Leiut: Governor, the Honoble: his Majesty’s Council and the Honoble: House of Representatives.—
The Petition of Hezekiah Egglestone of Bristol in the County of Lincoln—Humbly sheweth, That your Petitioner’s Great Grandfather Richard Fullford formerly of a Place called Round Pond in said Bristol, about the Year of our Lord 1660 purchased a Tract of Land there whereon he lived, adjoining to a Plantation commonly called Muscongus, and belonging to the Family of the Peirces; that your Petitioner’s said Great Grandfather lived on and quietly enjoyed the Premisses ’till the Beginning of the present Century, except the Interruptions given him by the Indians (in which Time the Deed of his sd: Land was lost) leaving Issue only one Son who was a Minor, and a Daughter who was your Petitioner’s Grandmother and who married Samuel Martin, who as soon as the Troubles with the Indians were over again in 1715 settled said Lands, ’till he was beat off by the Indians in the War commonly called the three Year War between 1722 & 1725; that your Petitioner’s said Grand father Martin after he had resettled said Lands, took the Testimonies of sundry ancient Persons in 1717, who formerly lived adjoining, to fix the Boundaries and supply the Loss of his Father in Law’s Deed of said Land; that afterwards Viz: in 1739 your Petitioner’s Great Uncle Vizt: Francis Fullford the only Son of said Richard again settled said Lands, whose Tenants have been in constant Possession ’till the last War; and lastly that your Petitioner is now in Possession of Part of said Tract—But so it happens that your Petitioner’s said Grand father thro’ Ignorance of the Law, had the said Testimonies taken before one Justice of the Peace only and put on Record ad perpetuam Rei Memoriam, and whereas sundry Persons without any Pretence of Title have trespassed and settled themselves on said Land cleared and brought too by your Petitioner’s Ancestors at great Peril of their Lives and Expence of Labour, your Petitioner is unable to recover the Possession of said Land unless relieved by your Honors: Wherefore your Petitioner humbly prays that your Honors would confirm or make valid in Law said Testimonies or otherwise grant him that Relief which to your Honors shall seem meet—And your Petitioner as in Duty bound shall ever pray
Hezekieh Eggleston1
On the Petition of Hezekiah Egglestone In the House of Representatives Nov. 2 1770 Read and Resolved that the Prayer be so far Granted that the Justices of the Inferior Court of Common Pleas or the Justices of the Superior Court of Judicature before whom any action is or may be depending Relating to the Lands mentioned in said Petition be Impowered to admit the Testimonies A Refered to in said Petition to be plead as Evidence in the Case as valid in the Law the failure of the Taking the Testimonies before Two Justices Quorum unus notwithstanding
Sent up for Concurrence
T. Cushing Spkr
In Council Novr. 7th 1770—Read & Concurred Sent down for Concurrence as taken into a new Draft
Jno. Cotton D. Sec̄r̄ȳ
In the House of Representatives Novr 8 1770 Read & nonconcurred & the House adhere to their own Vote with Amendment at A viz insert of Morrice Champney Richard Pearce Senr & John Pearce
Sent up for Concurrence
T. Cushing Spkr
In Council Novr. 8, 1770
Consented to
Read and Concurred
Jno. Cotton D. Se c̄r̄ȳ2
The litigation was evidently prosecuted with great vigor, uncommon minuteness of detail, and laborious strenuousness, carried as it was through successive courts with even a resort to the General Court. Rather curiously, while in some of the printed accounts of Pemaquid it seems to have been known that such suits were started, an uncertainty is expressed whether they were ever prosecuted further, and no knowledge of their results appears. The cases in themselves, incidentally, are full of local history. That with all the hard battling they were conducted with a good degree of professional courtesy without any concession of legal rights is shown by many agreements, of which here are a couple:
II.
In the case of Bodkin v Randall it is agreed that the Depositions heretofore taken to be used in this case may be used on the Tryall at the Supr Court in the same manner as tho’ Taken & filed in sd Court, whether originally taken to be used in sd Inferr or Supr Court—
David Sewall
T. Bradbury
July 1770 at Falmo.1
The same agreement in the cases of Yeats v Bodkin & Eliot v Bodkin.
D. Sewall T.
Bradbury.
III.
Lincoln ss. Pownalborough Court September Term 1769.
Thomas Bodkin plt vs. James Yates Defendant.
The Council on both sides agree that all Depositions taken to be used in this action since the Commencement thereof may be used on the Trial at the Superior Court as well as if they had been lodged in this Court, and made part of the Case, save any Exceptions that may be made to the Caption thereof
Theops. Bradbury for the plt
David Sewall for the Deft
A true Copy
Examin’d by Jon Bowman Cler.2
The evidence, judging from the little presented here, must have been sufficiently complicated and perplexing, and memory and tradition freely invoked for the establishment of facts. Some depositions are added now, mainly for their bearing upon the Petition, but also, as before, as bringing out vividly many scraps of local history, accounts of families of settlers, and the rugged conditions of frontier life in the early times. They also have some significance in legal points.
IV.
John Peirce aged about Seventy four years, Testifies and says that about the year of our Lord 1722 the Indian War breaking out at the Eastward, this Deponant went with a Vessell and a Number of People to the Eastward and Brought from thence his Father Richard Peirce and Family from a place called Muscongus, where this Deponents [sd1] Father and Family then lived that this Deponent there saw Samuel Annis who then lived at a place called Round pond, that the sd. Annis came on Board this Deponents vessell, that this Deponent asked sd. Annis to bring his Family and Effects on board and Come away for fear of the Indians, That the sd. Annis declined and said he would go some other way; That this Deponent Came away & left sd Annis at Round pond This Deponent further Testifies that he knew Hezekiah Eggleston now of Bristol in the County of Lincoln and that he is the reputed son of Hezekiah Eggleston late of Marblehead decd. by Sarah his Wife, both of whom this Deponent knew, that the said Sarah was the reputed Daughter of Samuel Martin, late of Marblehead decd: by Elizabeth his Wife, Both of whom this Deponent knew; that the sd. Elizabeth was the Only reputed sister of Francis Fullford late of Marblehead whom this Deponent also knew: that the said Elizabeth & Francis were the only reputed Children of Richard Fullford formerly of a place called Round pond in the Eastern part of This Province, By his Wife Elizabeth: That the said Elizabeth was the only reputed Daughter of Richard Peirce formerly of a place called Muscongus in the Eastern Part of this Province, who was the Deponents reputed Grandfather.
John Pearce
Essex ss., Marblehead, deposition taken 15 August, 1768, before WM. Bourn, J. Pacis
A true Copy Examin’d by
JonA. Bowman Cler.2
V.
John Pearce of Marblehead in the County of Essex aged about seventy sis years testifieth & saith, that he claims Lands at a place called Miscongus in the Township of Bristol in the County of Lincoln by Heirship under his Grand Father Richard Peirce That he knows Thomas Bodkin of Boston in the County of Suffolk and has heard that he Bodkin was in Gaol in Salem in the County of Essex about twenty years ago, but does not know whether said Bodkin swore out of Goal or not. That about the year A. D. 1737 he the Deponent was at round Pond so called in said Bristol & saw one Janies Bayly there who told the Deponent that he lived there with his Family
Quest. Are you any ways interested in Landsat round pond under Richard Fulforth Answer—I am not. |
|
John Pearce |
Quest, how was Samuel Annis settled on the Land at round Pond—Answer—when I was there he told me he was settled there by Samuel Martin June 28, 1770. |
Essex ss., deposition taken 28 June, 1770 before Isaac Mansfield Justic ad Pacem & c.1
VI.
The Deposition of Jeremiah Smith of Milton in the County of Suffolk aged about 62 years Testifyeth and Saith, That about the Years 1730 or 1731 when Coll David Dunbar began a Settlement at Pemmaquid I and others were employed by a Number of Gentlemen to go to the Eastern parts of this Province; We went Northeast of a Place called Round Pond some Miles, at a place called Smelt-Cove, the said Gentlemen I went with had engaged to take Lotts under Coll David Dunbar; I first went & work’d at said Smelt-Cove; a few weeks after my going down into those parts I took a Lott for my Self at Round pond adjoyning thereto; Hived there about two years or more & planted an Orchard. When the News came that His Majesty had Yeilded up the Land (said Dunbar proposed to Settle) to the Proprietors of said Land, and gave to said Dunbar the Government of the Province of New hampshire, I the Declarant found that I was disappointed of my Expectation of a Lott under said Dunbar, then I made Enquiry who to purchase said Land from, and I was informed that Mr Shem Drowne & Partners claimed the Lands at Round Pond accordingly I went to Boston and applyed myself to said Shem Drowne, & he told me, Major Savage was concerned in said Lands, on that I went to Major Savage & he told me, that Capt Phillips of Charlestown was a part Owner with them, and I went to said Phillips, and by them all I understood that the Lands claimed by them were not yet divided, and they could not so well sell any particular Lott till their Tract of Land was divided; I was urged by all the last above named Gentlemen to continue at Round Pond on the Lott I had taken up under said Dunbar, and when they Divided their Interest I should be encouraged and have the said Lott I made Choice of at round pond aforesaid at a Moderate Price. But I did not choose to live at this uncertainty & I moved my [Family] from Round Pond to Boston: and when I left Round Pond, I left one James Bailey, who had lived at Round Pond sometime, with his Family, in the house I lived in; and the Declarant at that time never knew or heard of the name of Thomas Bodkin, and am well assured no such man of that name lived any whare near round Pond aforesaid. The Declarant in the Year 1768 being desired by Mr Joseph Henshaw to give his Evidence, and he then understood by the Questions asked him, that they respected the Right of one Martin and Fulford, those men I never knew, but to the best of my Remembrance I heard one Morse say something about said Fulford & Martins claiming Lands to the Eastward. As I am now called upon to give Evidence in the same Cases now depending, if there should happen any Material difference it must arise from my not well understanding the meaning of the Questions putt to me, but on the best Recollection I have now as far as my Memory will admitt, fully answered the Questions now putt to me according to Truth.
Q. The Declarant being asked who the Gentlemen were that first employed him to go to the Eastern parts? He answered, Messrs. Johonnott, Job Lewis, Esq Sigourney Crompton & Pitts &c., to whom were laid out Lotts of two acres each under Coll: Dunbar.
Q. The Question being Asked, what kind of building he built, when he first went down to Smelt-Cove? he answered It was only a Camp, at which place he found a Quantity of Nails & Hinges.
Q. He was asked, Whether the above Gentlemen told him they had bought Land of Richard Peirce, or did he know of said Right at that time? he answered They Did not, nor did he know of said Right at that time, to his best Remembrance.
Q. He was Asked Whether he knew of any particular Claim of Fulford & Martin to Land in those parts? He answered He did not know, nor does he know at this Day.
Jeremiah Smith.
Boston May 25, 1769.
Suffolk ss. Boston, deposition taken May 25, 1769 before Belcher Noyes Justice of Peace.1
VII.
Mary Cowell aged about Sixty four Years, testifies and says that about Fifty Years ago, she this Deponent lived at a place called Muscongus at the Eastward, about seven or Eight Years; That while she lived there she knew Samuel Annis and his wife, who then lived at Round pond, on a Farm where the people then informed this Deponent old Richd. Fullford formerly lived; that she This Deponent nursed sd. Annis’s Wife in Child Bed at Round pond and was knowing to their Circumstances and Affairs and that sd. Annis was sent and settled on sd. Farm at Round pond by Samuel Martin. This Deponent further Testifies and says that the Land at Round pond and Thereabouts belonged to sd. Fullford’s Children as This Deponent always understood from the People who then lived their; and that one of said Children was Wife to sd. Martin, that in the summer season this Deponent with William Hilton Richd. Peirce and Samuel Annis and their Familys used to go over to Monhegan Island for fear of the Indians and return back again in the Fall, that the sd. Samuel Martins used to make Fish likewise on Monhegan Island On Account of the Indians. This Deponent further Testifys, that she does not remember any other Family than the above, living near there at That Time; That the Lands at Round [pond2] and Muscongus were said to belong to the Families of Fullford and Peirce and no other person ever Claimed any of Those Lands at that Time as she ever heard of. This Deponent further Testifies that at that Time there were a Number of Cleared Farms at Round pond and New Harbour, whre old settlers had lived, and that the people then living there used to Cut Grass on sd. Farms, and further this Deponent saith not.
Mary Cowell
Suffolk ss. Boston August 19th. 1768.3
VIII.
I Robert Sproul of Bristol in the County of Lincoln aged about Forty six years testify and say that about the year 1735 I went to Live at Pemaquid from that Time to this have lived there except the Indian Warrs. That three or four years before Louisbourg was taken the first Time1 one Nathaniel Bull lived at the Southwesterly part of Roundpond in a house which stood in a field which John Randal now posseses and improves, bow long he had then Lived there I know not, but it was then the generall Reputation that he was a Tenant there under Thomas Bodkin. I further declare that Three or four years at least before Louisbourg was taken Hugh Boyd lived at said Roundpond & to the best of my knowledge & remembrance twas in the year 1742. he came to Live there and he came in the Spring of the year and am personally knowing and Certain that John Mc.Farland built a house there for Thomas Bodkin now of Boston sometime in Fall before the year 1742. to my best remembrance as I saw him to Work on it and heard him and said Bodkin agree and make a Bargain about building it, sd. Bodkin being then at the Eastward at Roundpond or Pemaquid and ’twas in the same year in which I Built a house at sd. Roundpond for Isaac Little Esq. and Hugh Boyd I am certain was put into sd. House built by sd. Mc.Farland for sd. Bodkin as Tenant to said Bodkin and Lived there severall years after till drove off by the Warr and then he went to Pemaquid Fort and that his fences inclosed the place and said House stood in the Field where James Bailey since had a House and field and lived within four years past, (which house has been lately burnt as ’tis said) and said Boyd had 8 or ten Acres, at Least fenced and under improvement there. I further declare that the house I Built for sd. Isaac Little was in the Field now possessed and improved by Simon Eliot, next to the Northeastward of sd. Boyds field and That at the same time one John Morril lived further to the Northeastward of said Pond, his house was on the Land and within what is now or lately has been inclosed, possessed and Improved by James Yeates, I further declare that about the Time Louisbourg was delivered up to the French sd. Bodkin removed himself and Family into the house that Hugh Boyd Lived in at round pond, and lived there severall Years till the Last War drove him off into Pemaquid Fort and he was severall Times there while Bull and Boyd lived there and when sd Bodkins was drove off by the Indians he left his Cattle and Horses there, and further saith not.
Robert Sproul
I further say that I know a Hill called pancake hill which has gone By that name eversince I knew it viz above Twenty years, it ly’s about half way between Pemaquid Falls and Roundpond, I also know a place called miscongus and Miscongus falls or Brook and that my Father help’d build a house a little to the Northeastward of Sd. Miscongus falls, for one Richd. Peirce, and the Land to the Northeastward of sd. Falls it is commonly called Miscongus and by general Reputation did belong to the Family of the Peirces.
Robert Sproul
I Further say that when sd. Bodkins put Boyd on his place as aforesaid he bought a Stock of Cattle of Joseph & Clement Orr and paid for them with half a Sloop of Sixty Tons or upwards which he had used before to Carry provisions in to roundpond, & put said Cattle on sd. Farm.
Robert Sproul
Sworn in Court
Att JonA. Bowman Cler
It is agreed by both parties that this Deposition be used in all the Cases wherein Thomas Bodkin is Pit. against James Bailey John Randall, James Yeates and Simon Eliott, at the Superior Court as though taken particularly for each case.
Att JonA. Bowman Cler
A true Copy
Examd. by JonA. Bowman Cler1
IX.
John Cock aged about Seventy Eight years declares and Says that he was born at the Eastward parts of New England on the Eastern Side of Kennebeck River and Lived there till he was driven away by the Indians about the year [1762] 1676 that while he Lived there he very well knew a Man Called Mr Elbridge but does not well remember his Christian Name but he was a Small man in Statue that Said Elbridge Lived at Pemaquid and was accounted one of the principal Men in those parts, and that he has often Seen Sd. Elbridge at his Fathers House he also well remembers that Richard Paddisball who used the Coasting Trade, had an Island on Sd Kennebeck River, on which Island he lived for many years, & his Father before him, which Island was Called Paddishalls Island, and that he never heard Sd. Paddisball Laid any Claim or pretended any Right to Damiscove Island till Since the Last Indian War that he well Remembers that one Trick, one Hunniwell, and Soward, and Richard Reading lived on Sd. Damiscove Island and had been old Settlers there, and that about Sixty years ago The Declarant went a fishing from Sd. Island and well remembers that there were Seven fishing boats that Continually used Sd place, and that he never heard that any of the aforesaid Persons Ever pretended any Right thereto but only used it as a fishing place which they Esteemed free for any person, that he never knew nor heard that the aforesd: Richard Pattishall Ever Lived on Sd. Damiscove Island, but he well remembers that the aforesd. Richard Pattishall Carryed his family from Sd Island in Kennebeck [River1] to pemaquid, where he was killed as afterwards he heard, & further [saith not205]
Boston Sepr 18=1736.
Suffolk ss Boston Sepr 18: 1736—John Cock appearing made Oath to the [trut2] truth of the above declaration by him Subscribed Taken in perpetuam rei memoriam
Before Samuel Checkley WM Tyler, |
Justice pacis Quorum unus |
[Endorsed]
John Cocks deposition—
—in perpetuam—
1736.3
X.
Tabitha Sergeant aged about sixty years. Testifies and says that about Twenty Eight or Thirty years ago Nathaniel Bull, then her husband, but now deceased, with herself and five children, were sent by Thomas Bodkin of Marblehead Brewer to the Eastward, to Live on a farm of said Bodkin at a place Called Round pond. This Deponent farther Testifies and says, that the Land at and about Round pond, was always said to belong, to the said Fullfords Children, and that the Lands at Muscongus, belonged to the Peirces. This Deponent further Testifies and says that she with her Husband and Children Lived there about Eight or Ten years and that about Twenty Years ago, as near as this Deponent can Remember, her said Husband Nathaniel Bull was Killed by the Indians with twelve or fourteen other people. This Deponent further Testifies and says, That Mr. Hugh Boyd at that Time was another Tenant of sd. Bodkin’s and lived in a house sd. Bodkin built for him, on the Old Farm where sd. Fullford formerly lived and that John Morrill Lived toward the Northerly End of the pond, and soon after our going there sold his Stock and Improvements to sd Bodkin, and went away. This Deponent further Testifies and says that James Yeates did not Live at Round pond, or Muscongus, when this Deponent went to Live at Round pond, & further saith not.
Tabitha Sergeant
Suffolk ss. Boston October 23d 1767 The within Mentioned Tabitha Sergeant made Solemn Oath, that the within written Deposition by her Signed, was the Truth, The whole Truth and nothing but the Truth, taken in perpetuam Rei memoriam at the Desire of Mr. Joseph Henshaw of Boston
Before us Samuel Wells John Hill |
|
Justices of the Peace Quorum Unus |
||
Septemr. 1st. 1768 |
|
A True Coppy from the originall Deposition now on file in the Secretarys Office. |
Attest Jno Cotton D Secary
A true Copy Examin’d by
JonA. Bowman Cler1
XI.
Thomas Drowne aged near fifty five Years made solemn Oath that he was present and [see2] did see James Bayley duely execute this lease (annexed) at the time the same bears date & that he with James Pitson junr: | since deceased | subscribed their names as witnesses thereof at the Same time before mentioned & that he the said Thomas wrote the said Lease
Thomas Drowne
Suffolk ss Boston August 1, 1770. The said Thomas Drowne made Oath to the above written affidavit taken to perpetuate the memory of the thing before
Ri Dana Just of the Peace & of the Quorum.
Belcher Noyes3 Justice o’ peace
A true copy of the Original lease and Affidavit dd. Mr. Drowne by Order of Court
3d. Sept. 1771
Attt. Nat Hatch Cler1
XII.
To all People To whom these presents shall Come I Francis Fulforth of Marblehead in the County of Essex Fisherman, send Greeting.
Know ye, That I, the said Francis Fulforth, for and in Consideration of the sum of One hundred Pounds in Money to me in hand at and before the Ensealing and Delivery hereof, paid by Thomas Bodkin of Marblehead. Brewer The Receipt whereof I do hereby acknowledge, and for divers other good Causes and Considerations, me hereunto moving have remised, Released, sold, and for ever quit Claimed and by these presents, for myself and my heirs, do remise, release, sell, and for ever Quit Claim unto the said Thomas Bodkin, and to his heirs, and Assigns forever. All that my Lands Scituate lying & being in the County of York in the Eastern parts of this Province saving what I have already sold to Isaac Little Esq. which desended to me from my Father Richd Fulforth decd. and my Mother Elizabeth Fulforth decd. part of which Lands lyeth at Roundpond Part at New harbour, part at Muscongus, and part on Hog Island, and part at Damariscotta, be the same Lands more or less in Quantity, or better or worse in Quality, &c Together with all the Estate, Right, Title Interest, use, Property Claim and Demand whatsoever, of me the said Francis Fulforth, which I now have or at any Time, heretofore had, of, in and to the aforementioned premises, with the appurces, or to any part thereof, or which at any Time heretofore has been held, used, Occupied, or enjoyed, as part or parcel of the same. To Have and to Hold all the afore granted and bargained premises, wth. the Appũrces, to him the sd. Thomas Bodkin, his heirs, and Assigns forever with the reversion and reversions, remainder and remainders thereof or any part or parcel thereof forever, So that neither I. the said Francis Fulforth, nor my Heirs, nor any other person or persons claiming from, by, or under me or them, or in the name, Right, or Stead of me or them, shall or will by any ways or means have, Claim, Challenge, or Demand, any Estate, Right, Title, or Interest of, in, and to the aforesaid premises with the Appurces, or any part or parcell thereof for ever: But I, The said Francis Fulforth do for myself my heirs, Executors, and administrators Covenant To and with the said Thomas Bodkin, his heirs and Assigns, the said granted and Released premises, with the profits, priviledges, and Appũrces thereto belonging, to the said, Thomas Bodkin his heirs and Assigns forever, to Warrant, secure and Defend against the Lawfull Claims and Demands of any person, or persons, claiming under me, or my heirs as aforesaid, forever by these presents. In Witness whereof the sd. Francis Fulforth, have hereunto set my hand and seal this sixth day of June anno Domini One Thousand Seven hundred and thirty nine and in the Twelfth year of his Majesty’s Reign.
Signed Sealed and Delivered in presence of |
|
|
|
John Bridges |
|||
Edward Bowers |
ElizA × Fulforth |
||
Mart Collins |
Essex ss. June 11th 1739. Personally appear’d before me the within named Francis Fulford and owned this Instrumt. to be his free act and Deed.
Coram Abr: Howard Just. Pacis
York ss. Receved Octor. 8th. 1739 And Recorded with th Records for Deeds in sd. County.
Libo. 21, Folo. 119, Attest. Jer. Moulton Reg:
A true Copy Examin’d by JonA. Bowman Cler.1
Mr. Andrew McFarland Davis exhibited a photographic copy of a unique form of Writ used in the Land Bank cases, the original of which is in the collection of papers restored by the Massachusetts Historical Society to the Suffolk Court Files.
Mr. Albert Matthews exhibited a parchment containing the Articles and the names of the members of a “Society of Young Men mutually joining together in the Service of God,” formed at Dorchester, Massachusetts, on the twenty-fifth of December, 1698. About three hundred and fifty names, many of them autograph signatures, are attached to the document. The Society apparently had no distinctive name, and, though it seems to have existed for nearly a century and a half, there appear to be no allusions to it in the histories of Dorchester.1
Mr. Henry H. Edes read an extract from the Calendar of State Papers relating to a Petition to Cromwell in 1655 from William Franklin, an early inhabitant of Ipswich, Newbury, and Boston. The petition states that in 1651 Franklin set forth a small ship from Boston to Palm Island, that the master of the ship was surprised at Fayal by Prince Rupert, that the ship and lading were seized, and that the men were “captivated into slavery.” It also states that in 1653 goods sent to England to pay Franklin’s debts were taken by the Hollanders, and also his papers. The Petition was referred by Cromwell to the Council of State, which recommended that “some employment in the Custom House or in some other way suitable to his experience” be bestowed upon Franklin.2
Mr. Edes also communicated a letter written from Liberty,3 Virginia, by John Washington to Henry Bromfield, Jr., of Boston, referring to some matrimonial events in the Washington family. John Washington1 was a son of Robert2 and Sarah Washington, and a descendant of Lawrence Washington the immigrant, who was a brother of John Washington, the ancestor of George Washington.
JOHN WASHINGTON TO HENRY BROMFIELD, JR.
Liberty July 2d 1780
My Dear Sir
I am now seated to return you thanks, for your agreeable favor of the 25th. of May, & am truly sorry for your Misfortunes, but perhaps, as you observe, they may be intended for some happy purpose, (as I make no doubt they are) & am certain they can never happen at a more fortunate period than in the early time of a mans life, when from calm reflection & the exercise of his reason, he is then able with, fortitude and resignation, to bear up under them, as I find my friend has done—& I hope he will never want that resolution necessary to convey him Cheerfully through all the precarious, & uncertain Vicissitudes, that too often attend this life—& be assur’d that whatever situation of life you may be in, whither, fortunate, or unfortunate, I shall always be happy to hear from so worthy a friend, but more so, to see him. as prosperity, can never constitute happiness, so neither can adversity make unhappy a Mind like yours—
I have now the pleasure to inform you that my Wife, the Girls, the family, & myself are tollerably well but since you left us have been very Il myself, my little son Tommy had very near lost his life from a fall out of the Cherry Tree, but is now getting well—nothing extraordinary in this Vicinity, has happd. with respect to domestick Occurrences since your departure, except that your Acquaintance Mr T: Hungerfd1 was marry’d a few days ago to Miss Nancy Washington,2
Mr. Robert Harper of Alexandria and my Daughter, Sally, I expect will be Marryed about the first of Sepr., & will settle in the Town of Leeds,3 where he proposes to carry on the Mercantile Business. Colo. Jett,4 Mr. Harper, another Gent: and myself have joined in partnership each to put into stock, five, or Ten thousand pounds, under the direction of Mr. Harper, now shou’d it suit you, to become a partner with us, it wou’d give me particular satisfaction, we propose carrying on a snug Trade without any Risk—I think business may be done in Leeds, to as great advantage as any where, I have purchased one house & lot, & we shall I expect, at Colo. Jetts store house on the water near the warehouse, make a fine Warf, on which we intend to build a large, Warehouse, for the Reception of Tobo. Grain, Goods &c—your Acquaintance Mr Holland5 wants to sell his house & lot in Leeds—the lot & house where your frd. Mr. Andrew Crawford6 lives, was sold yesterday & purchased by Mr. Pou, a French Gent. I wish it may not brake poor Crawfords heart, I had some thoughts of buying them myself, & did bid, but upon reflection thought it Cheeper, & more Convenient to purchase the lot upon the Bank near the Warehouse
No News but what I imagine yo. have heard before this, I long much to hear a confirmation of the arrival of the French Fleet,1—I shall be extremely glad to hear from you as soon as possible, you did not say in your letter to me when you intended to see us, Certainly you will do us that favor, for be assured it wou’d give me the highest satisfaction, to see yo. at Liberty—relye on it there kneeds no particular Season to call to mind the remembrance of so Valuable an Acquaintance, having no thing more to add I shall conclude with telling yo. I am joind by my Wife & Daughters in Sincerely wishing yo. every happiness this life can afford, & believe me to be with great regard
Dr. Sir yr. affec. frd. & Ob Servt
John Washington
[Addressed]
Henry Bromfield. jur. Esqr.
ꝑ post Boston
The Hon. Winthrop Murray Crane of Dalton and Mr. Thornton Kirkland Lothrop of Boston were elected Resident Members.