USA > Massachusetts > Suffolk County > Professional and industrial history of Suffolk County, Massachusetts, Volume I > Part 1
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org.
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87
Deus Webster
PROFESSIONAL AND INDUSTRIAL HISTORY
OF
SUFFOLK COUNTY
MASSACHUSETTS
IN THREE VOLUMES
VOLUME I
HISTORY OF THE BENCH AND BAR
BY
WILLIAM T. DAVIS
Illustrated
THE BOSTON HISTORY COMPANY 1894
٠
PREFACE.
THE history of the Bench and Bar of Suffolk county contained in this volume includes an introductory chapter and a biographical reg- ister. The introductory chapter treats of the courts, the laws under which they were established, of the judges and other persons exercising judicial powers, and of the bar. The biographical register contains the names of forty-eight hundred and forty persons, of whom sketches are given of about three thousand, while of the remainder such infor- mation is furnished as it has been practicable to obtain.
The aim of the author has been to include in the register every judge whose court has held its sessions within the county, and every lawyer who has either been admitted to its bar or has at any time been one of its members, before January 1, 1892.
An alphabetical arrangement of the register has been found imprac- ticable, in consequence of the demand of the publishers for copy as the work progressed. An alphabetical index, however, is furnished, which, it is believed, will remove any objection which might otherwise be raised to the want of such an arrangement.
A few duplicate sketches will be found in the register, which are explained by the acquisition of more ample materials after the earlier sketches had been written. The later sketches alone are referred to in the index.
Besides numerous printed sources of information, the author is indebted for aid to many public officials and gentlemen, to whom it would be ungrateful to omit his thanks. Among these may be men- tioned C. B. Tillinghast, assistant librarian of the State Library; John Ward Dean, librarian, and Walter Kendall Watkins, assistant librarian
I6
PREFACE.
of the New England Historic Genealogical Society; Joseph A. Willard, clerk of the Superior Civil Court for Suffolk county; John Noble, clerk of the Supreme Judicial Court for said county; William E. Parmenter, chief justice of the Municipal Court of the city of Boston ; Hon. Charles Theodore Russell, Alexander S. Wheeler, esq., and Hon. Francis H. Underwood, members of the Suffolk bar; and James W. Allen, clerk in the city register's office of Boston.
He is aware that errors and omissions may be found in his work, but he trusts that, even with its imperfections, the " History of the Bench and Bar of Suffolk County " may not prove to have been a useless undertaking.
WM. T. DAVIS. PLYMOUTH, MASS.,
September 1, 1893.
The Bench and Bar.
INTRODUCTORY CHAPTER.
T HIS chapter is intended to be chiefly introductory to the volume containing a sketch of the Bench and Bar of Suffolk County. A general history of the county will find no place in the narrative. It will be proper, however, to present a statement of the origin and establish- ment of the Massachusetts settlement as preliminary to the more re- stricted examination of the judicial legislation and methods which followed it.
In the early part of the seventeenth century the territory one hundred miles wide along the coast of North America, extending from the thirty-fourth to the forty-fifth degree of north latitude, was called Vir- ginia, after Queen Elizabeth, the virgin queen. On the 20th of April, 1606, this territory was divided by James the First between two com- panies which for a time were known as the Northern and Southern Vir- ginia Companies. It extended approximately from Cape Fear to Passamaquoddy Bay. To the Northern Virginia Company a patent to lands between the thirty-eighth and forty-fifth degrees was granted, and to the Southern Virginia Company a patent to lands between the thirty-fourth and forty-first degrees. The first of these grants ex- tended from Passamaquoddy Bay to the southeastern corner of Mary- land, and the second from Cape Fear to a line running through Port Chester, on Long Island Sound, and the easterly corner of New Jersey, on the Hudson River. That portion lying between the thirty-eighth and forty-first degrees, which was included in both patents, was to be appropriated by that company which should first occupy it, and it was provided that neither company should plant a colony within one hun-
2
HISTORY OF THE BENCH AND BAR.
dred miles of a settlement previously made by the other. The Northern Virginia Company was composed of certain knights, gentlemen, mer- chants and adventurers of Bristol, Exeter and Plymouth, and the Southern Virginia Company of persons of the same description, in London.
On the 13th of November, 1620 (new style), a new charter was granted by King James to the Northern Virginia Company. Sir Edwin Sandys, the governor and treasurer of the Southern Virginia Company, having incurred the royal displeasure, was forbidden a re-election, and the Earl of Southampton, a no less obnoxious person, having been chosen in his place, the king was inclined to show special favor to the Northern Vir- ginia Company. Under the title of "The Council established at Plymouth in the County of Devon for the planting, ordering, ruling and governing of New England in America," it was empowered by its new act of incorporation to hold territory extending from sea to sea, and in breadth from the fortieth to the forty-eighth degree of north latitude, to make laws, appoint governors and other officers necessary for the establishment of the forms of government. This immense ter- ritory included all the land between Central New Jersey and the Gulf of St. Lawrence on the Atlantic coast, and the northern part of Cali- fornia, Oregon and the larger part of Washington on the Pacific, with a line running through Lake Superior for the northern boundary, and a line running through Pennsylvania, Ohio, Indiana and Illinois for the southern.
On the 30th of December, 1622, the Northern Virginia Company, under its new title, granted to Robert Gorges all that part of the main- land " commonly called or known by the name of the Messachusiack," which was described as situated " upon the northeast side of the bay called or known by the name of the Messachusett." Robert Gorges having received the grant, was appointed by the Virginia Company, in 1623, lieutenant general of New England, and arrived with " passengers and families " in Massachusetts Bay in September of the same year. A part of this grant is included within the limits of Suffolk County. The claims under this grant were, however, quieted after a subsequent and apparently conflicting grant had been made to the Massachusetts Com- pany. This latter grant was made on the 19th of March, 1627-8, to
-
INTRODUCTORY CHAPTER.
Sir John Roswell, Sir John Young, Thomas Southcoat, John Humphrey, John Endicott and Simon Whitcomb, including all the land extending from three miles north of the Merrimac River to three miles south of the Charles River, and covered a large part or nearly all of what is now Suffolk County. A royal charter was issued in accordance with the patent of the Virginia Company, which passed the seals on the 4th of March, 1628-9, the text of which is as follows :
" Charles By the Grace of God Kinge of England, Scotland and Ireland, Defender of the Fayth etc., To all to whome these Presents shall come Greeting. Whereas our most deare and royall father Kinge James, of blessed memory, by his Highness' letters patents bearing date at Westminster the third day of November in the eighteenth yeare of his raigne hath given and graunted unto the Councell established at Plymouth, in the county of Devon for the planting, ruling, ordering and governing of Newe England in America, and to their successors and assignes for ever : All that part of America lyeing and being in bredth from forty degrees of northerly latitude from the equinoctiall lyne to forty-eight degrees of the saide northerly latitude inclusively, and in length of and within all the breadth aforesaid throughout the maine landes from sea to sea, together also with all the firme lands, soyles, groundes, havens, portes, rivers, waters, fisheries, mynes and myneralls, precious stones, quarries, and all and singular other comodities, jurisdiccons, royalties, priviledges, franchises, and prehemynences, both within the said tract of lande upon the mayne and also within the islandes and seas adjoining ; Pro- vided alwayes that the said islandes or any the premises by the said letters patents in- tended and meant to be graunted were not then actuallie possessed or inhabited by any other Christian Prince or state now within the bounds, lymitts or territories of the Southern Colony then before graunted by our said deare father to be planted by divers of his loving subjects in the south partes. To Have and to houlde, possess and enjoy all and singular the aforesaid continent, landes, territories, islands, hereditaments and pre- cincts, seas, waters, fisherys, with all and all manner their comodities, royalties, liberties, prehemynences and profitts that should from thenceforth arise from them, with all and singular their appurtenances and every parte and parcell thereof unto the saide Conn- cell and their successors and assignes forever. To the sole and proper use, benefitt and behoof of them the said Councell and their successors and assignes forever; to be houlden of our said most deare and royall father, his heirs and successors as of his man- nor of East Greenwich in the County of Kent to free and comon socage, and not in capite nor by Knights service, yeildinge and paying therefore to the said late Kinge, his heirs and successors, the fifte parte of the oare of gould and silver which should from tyme to tyine and at all tymes thereafter, happen to be found, gotten, had and obtayned in, att or within any of the saide landes, lymitts, territories and precincts, or in or within any parte or parcell thereof, for or in respect of all and all manner of duties, de- mands and services whatever to be don, maide or paide to our saide deare father, the late Kinge, his heires and successors, as in and by the said letters patent (amongst sundrie other claims, powers, priviledges and grauntes therein conteyned) more at large
12
HISTORY OF THE BENCH AND BAR.
appeareth. And whereas the saide Councell established at Plymouth, in the County of Devon, for the plantinge, ruling, ordering and governing of Newe England in America have by their deede indented under their comon seale bearing date the nyneteeth day of March last part in the third year of our raigne, given, graunted, bargained, soulde, enfeoffed, aliened and confirmed to Sir Henry Rosewell, Sir John Young, Knightes, Thomas Southcott, John Humphrey, John Endecott, and Simon Whetcombe, their heirs and associates forever, All that part of Newe England in America aforesaid which lyes and extendes between a greate river there comonlie called Monomack alias Merrie- mack and a certen other river there called Charles River, being in the bottome of a certayne bay there commonly called Massachusetts alias Mattachusetts alias Massa- tusetts hay, and also all and singular those landes and hereditaments whatsoever lying within the space of three English miles on the south parte of the said Charles River, or of any or everie parte thereof: And also all and singular the landes and hereditaments whatsoever lyeing and being within the space of three English myles to the southwarde of the southermost parte of the said bay called Massachusetts alias Mattachusetts alias Massatusetts bay : and also all those landes and hereditaments whatsoever which lye and be within the space of three English myles to the northward of the said river called Monomack alias Merrymack, or to the northward of any and every parte thereof : And all lands and hereditaments whatsoever lyeing within the lymitts aforesaide north and sonth, in latitude and bredth, and in length and longitude, of and within all the bredth aforesaide throughout the mayne landes there, from the Atlantick and westerne sea and ocean on the east parte, to the south sea on the west parte, and all landes and groundes, place and places, soyles, woodes and wood groundes, havens, portes, rivers, waters, fish- ings and hereditaments whatsoever, lyeing within the said boundes and lymitts and every parte and parcell thereof; And also all islandes lyeing in America aforesaid in said seas or either of them on the westerne or eastern coastes or partes of the saide tracts of lande by the said indenture mentioned to be given, graunted, bargained, sould, en- feoffed, aliened and confirmed or any of them : And also all mynes and myneralls as well royall mynes of gould and silver as other mynes and myneralls whatsoever in the saide landes and premises or any part thereof: And all jurisdiccons, rights, royalties, liberties, freedomes, ymmunities, priviledges, franchises, preheminences, and comodities whatsoever which they the said Councell established at Plymouth, in the County of Devon, for the planting, ruleing, ordering and governing of Newe England in America, then had or might use, exercise or enjoy in and within any parte or parcell thereof. To have and to hould the saide part of Newe England in America, which lyes and extendes and is abutted as aforesaide and every parte and parcell thereof; And all the said islandes, rivers, portes, havens, waters, fishings, mynes and myneralls, jurisdiccons, franchises, royalties, liberties, priviledges, comodities, hereditaments, and premises whatsoever, with the appurtenances unto the said Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Simon Whetcombe, their heires and as- signs and their associatts forevermore. To be houlden of us our heires and successors as of our mannor of East Greenwich in the County of Kent, in free and common socage and not in capite, nor by Knightes service, yeilding and paying therefore unto us our heires and successors, the fifte part of the oare of gould and silver, which shall from
.
THEF. TUTEKUNST CO., PHILA
13
INTRODUCTORY CHAPTER.
tymne to tyme and all tymes hereafter happen to be found, gotten, had and obtayned in any of the said landes within the said lymitts or in or within any part thereof, for and in satisfacon of all manner duties, demands and services whatsoever to be donn, made or paid to us, our heires or successors, as in and by the saide recited indenture more at large maie appeare. Nowe knowe yee, that wee at the humble suite and peticon of the said Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Simon Whetcombe and of others whom they have associated unto them, have for divers good causes and consideracons us moveing, graunted and confirmed, And by these presents of our own especiall grace, certen knowledge and meere mocon, doe graunt and confirme unto the said Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Simon Whetcombe and to their as- sociats hereafter named (videlicet) Sir Richard Saltonstall Knight, Isaack Jolmson, Samuell Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon, and George Foxcrofte, their heires and assignes all the said parte of New England in America lyeing and extending between the boundes and lymetts in the said recited indenture expressed, and all landes and groundes, place and places, soyles, woodes and wood groundes, havens, portes, rivers, waters, mynes, myneralls, jurisdiccons, rights, royalties, liberties, freedomes, immuni- ties, priviledges, franchises, preheminencies, hereditaments and comodities whatso- ever to them the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott and Simon Whetcombe, their heires and to their associates by the said recited indenture given, graunted, bargayned, sold, enfeoffed, aliened and con- firmed or menconed or intended thereby to be given, graunted, bargayned, sold, en- feoffed, aliened and confirmed. To have and to hould the saide parte of Newe Eng- land in America and other the premises hereby menconed to be graunted and confirmed and every parte and parcell thereof with the appurtenances to the said Sir Henry Rose- well, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuel Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Belling- ham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcrofte, their heires and assignes forever to their onlie proper and absolute use and behoofe for evermore, To be holden of us our heires and success- ors as of our mannor of East Greenwich aforesaid in free and comon socage and not in capite nor by Knights service, and also yeilding and paying therefore to us our heires and successors the fifte parte of all oare of gould and silver which from tyme to tyme and att all tymes hereafter shalbe there gotten, had or obteyned for all services exacons and demaunds whatsoever according to the tenure and reservacon in the said recited indenture expressed. And further knowe yee That of our more especiall grace certen knowledg and meere mocon Wee have given and graunted, And by theis presents doe for us, our heires and successors give and graunt unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Ende-
14
HISTORY OF THE BENCH AND BAR.
cott, Symon Whetcomb, Isaack Johnson, Samuell Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel, Wright, Samuell Vassall, Theophelus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcrofte, their heires and assignes, All that parte of Newe England in Amer- ica which lyes and extendes betweene a great river there comonlie called Monomack river alias Merrimack river, and a certen other river there called Charles river being in the bottome of a certen bay there comonlie called Massachusetts alias Mattachusetts alias Massatusetts bay : And also all those landes and hereditaments whatsoever which lye and be within the space of three English myles to the northward of the said river called Monomack alias Merrymack on to the northward of any and every parte thereof and all landes and hereditaments whatsoever lyeing within the lymitts aforesaide north and south in latitude and bredth and in length and longitude of and within all the bredth aforesaide throughout the mayne landes there from the Atlantick and westerne sea and ocean on the east parte to the south sea on the west parte ; And all landes and groundes, place and places, soyles, woodes and wood groundes, havens, portes, rivers, waters and hereditaments whatsoever lying within the said boundes and lymitts, and every parte and parcell thereof, and also all islandes in America aforesaide in the saide seas or either of them on the western or eastern coastes or partes of the said tracts of landes hereby menconed to be given and graunted, or any of them, and all mynes and myneralls whatsoever in the said landos and premises or any parte thereof, and free lib- ertie of fishing in or within any of the rivers or waters within the boundes and lymitts aforesaid and the seas thereunto adjoining ; And all fishes, royal fishes, whales, balan, sturgeons and other fishes of what kinde or nature soever that shall at any tyme here- after be taken in or within the said seas or waters or any of them by the said Sir Henry Rosewell, Sir John Young, Sir Richard Saltonstall, Thomas Southcott, John Humfrey. John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Belling- ham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcrofte, their heirs and assignes, or by any other person or per- sons whatsoever there inhabiting by them or any of them to be appointed to fish there- in ; Provided alwayes that if the said landes, islands, or any other the premises herein before menconed and by these presents intended and meant to be graunted were at the tyme of the graunting of the saide former letters patents dated the third day of Novem- ber in the eighteenth year of our saide deare fathers raigne aforesaid actually possessed or inhabited by any other Christain Prince or state or were within the boundes, lymitts or territories of that southern colony then before graunted by our said late father to be planted by divers of his loveing subjects in the south partes of America, That then this present graunt shall not extend to any such partes or parcells thereof soe formerly in- habited or lyeing within the boundes of the southern plantacon as aforesaide, but as to those partes or parcells soe possessed or inhabited by such Christian Prince or state, or being within the boundes aforesaid shalbe utterly voyd, these presents or anythinge therein conteyned to the contrarie notwithstanding. To Have and to hould, possesse
-
15
INTRODUCTORY CHAPTER.
and enjoy the saide partes of Newe England in America which lye extend and are abutted as aforesaide and every parte and parcell thereof ; And all the islandes, rivers, portes, havens, waters, fishings, fishes, mynes, myneralls, jurisdiccons, franchises, royal- ties, liberties, priviledges, comodities and premises whatsoever with the appurtenances unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcrofte, their heires and assignes for- ever to the onlie proper and absolute use and behoofe of the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John En- decott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcrofte, their heirs and assigns forevermore. To be holden of us our heires and successors as of our mannor of East Greenwich in our countie of Kent within our realme of England in free and comon socage and not in capite nor by Knights service, and also yeilding and paying therefore to us our heirs and succes- sors the fifte part onlie of all oare of gould and silver which from tyme to tyme and at all tymes hereafter, shalbe gotten, had or obtayned for all services, exaccons and de- maunds whatsoever, Provided alwaies and our expresse will and meanenge is that onlie one fifte parte of the gould and silver oare above menconed in the whole and noe more be reserved or payable unto us our leires and successors by collour or vertue of these presents. The double reservacons or recitals aforesaid or anythinge herein contayned notwithstanding, And foreasmuch as the good and prosperous success of the plantacon of the said partes of Newe England aforesaide intended by the said Sir Henry Rosewell, Sir John Younge Sir Richard Saltonstall Thomas Southcott John Humfrey John Endecott Simon Whetcombe Isaack Johnson Samuell Aldersey John Ven Mathewe Cradock George Harwood Increase Nowell Richard Perry Richard Bellingliam Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne Samuell Browne Thomas Hutchins, William Vassall William Pincheon and George Fox- crofte to be speedily set upon cannot but chiefly depend next under the blessing of Almightie God and the support of our royal authoritie upon the good government of the same, To the ende that the affaires buysinesses which from tyme to tyme shall happen and arise concerning said landes and the plantacon of the same maie be the better man- aged and ordered. Wee have further hereby of our especiall grace certen knowledge and mere mocon given grannted and confirmed, And for us our heires and successors doe give graunt and confirme unto the trustees and well beloved subjects Sir Henry Rose- well Sir John Younge Sir Richard Saltonstall Thomas Southcott John Humfrey John Endecott Simon Whetcombe Isaack Johnson Samuel Aldersey John Ven, Mathewe Crad- ock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.