USA > Massachusetts > Middlesex County > Medford > History of the town of Medford, Middlesex County, Massachusetts, from its first settlement in 1630 to 1855 > Part 15
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" Col. Royal was appointed one of the ‘ Mandamus Councillors ' for this Province, by his Majesty, Aug. 9, 1794; but he did not take the oath of office."
1743 : He gave Charlestown one hundred pounds, which was used to build a parsonage. While representative, he returned to the town treasury his salary. In 1745 he gave eighty pounds to the school on Charlestown Neck.
By his will he gave to Medford one hundred acres of land in Granby (South Hadley), "for the use and better support " of the common schools of the town. This Granby farm was sold, 1788, for one hundred dollars, to Mr. Richard Hall.
Generosity was native with him, and shone the salient feature of his character. He loved to give, and loved to speak of it, and loved the reputation of it. Hospitality,
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too, was almost a passion with him. No house in the Colony was more open to friends. No gentleman gave better dinners, or drank costlier wines. As a master he was kind to his slaves, charitable to the poor, and friendly to everybody. He kept a daily journal, minutely descrip- tive of every visitor, topic, and incident, and even de- scended to recording what slippers he wore, how much tar-water he drank, and when he went to bed. He was a strict observer of religious forms, and a generous sup- porter of Christian institutions. He was a Tory against his will. It was the frailty of his blood more than the fault of his judgment; not that he loved the Colonies less, but that he feared England more. He wanted that unbending, hickory toughness which the times required.
His gift of two thousand acres of land to Harvard Col- lege to found a professorship of law was by his last will. His words concerning his gift are, -
" To be appropriated towards the endowing a professorship of law in said college, or a professorship of physic or anatomy, whichever the corporation and overseers of said college shall judge best for its benefit ; and they shall have full power to sell said lands, and put the money out to interest, the income whereof shall be for the aforesaid purpose."
These funds were left to accumulate till 1815, when it was deemed expedient to establish a professorship of law. The next year the Chief Justice of the Supreme Judicial Court of Massachusetts, Hon. Isaac Parker, was elected, bearing the title, "Royall Professor of Law."
This learned and worthy man gave a course of lectures immediately ; and, when thus brought in contact with college and legal education, he suggested the establishment of a law-school at Cambridge. This recommendation was joyfully greeted, and in 1817 the Law-School was estab- lished. Thus Col. Royal was indirectly an originator of that school. Professor Parker held office for eleven years, and in 1827 resigned. Hon. Asahel Stearns (brother of Dr. Stearns of Medford) was then chosen, 1817, and served acceptably till 1829, when John Hooker Ashman succeeded. He died in office, in 1833 ; and in 1834 Hon. Simon Green- leaf was chosen, and performed his duties with eminent success. He resigned in 1848, and was succeeded by Hon. Theophilus Parsons. These distinguished men have paid their tributes of respect to the memory of Col. Royal of
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Medford, and have recognized him as the primal cause of the establishment of a permanent school for that second of sciences, jurisprudence.
Col. Isaac Royal was born in the Island of Antigua, in 1719. The English had established themselves there as early as 1636. The father of our townsman, who gave his own Christian name to his son, possessed great wealth, and, turning his eyes to Massachusetts, purchased of Eliza- beth, widow of John Usher (lieutenant-governor), 5043 acres and 23 rods of land, for £10,350 7s. 9d., on the 26th December, 1732. The record runs thus : -
" This estate is bounded south-west on Menotomy Road; west, on land of Nathaniel Tufts, Aaron Cleveland, and John Tufts; east, on the river and salt marsh of Capt. Samuel Brooks, in part, and part on river and salt marsh now improved by Josiah Whittemore; and south-east, on land of said Whittemore, lying on both sides of Medford or Mystic Road."
Col. Royal came here with his family in 1738. He died in Medford on Thursday, June 7, 1739, in the forenoon ; was buried in Medford on Saturday, Ioth inst. ; and was carried the same night to Dorchester, and there "buried in his marble tomb." His wife died April 21, 1747, and was buried from Col. Oliver's house in Dorchester. His son, who seemed also to inherit his father's title of colo- nel, fixed his residence in the house now standing, and which is yet called the " Royal House." It was built by Col. Royal into its present form, by enlarging the house built by Lieut .- Gov. Usher on that spot. A thick wall running through its centre shows the outer wall of the former building. Some diversities in the height of rooms indicate the same fact. Its exterior form is a copy of a nobleman's house in Antigua. It was at first within the limits of Charlestown ; and Col. Royal was chosen repre- sentative by that town nine years in succession, -from 1743 to 1752. In 1752 he was promoted to a seat at the Council Board, and for twenty-two years performed his duties acceptably in that office.
When Harvard Hall was burnt, Jan. 24, 1764, and the entire library of the college destroyed, he contributed most generously for the purchase of another. The first mention of him in the Medford Records is May 8, 1754, when he was chosen moderator in the town-meeting. For sixteen years he was chairman of the board of selectmen.
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He died of small-pox, in England, in 1781, and was buried there. His wife died in 1770. Funeral sermon by Rev. Mr. Turell.
We have shown above how the virtues and hospitality of his character secured his estates from confiscation when those of his sons-in-law, Mr. George Erving and Sir William Pepperell, were not spared. But when it was sub- sequently testified that "he had gone voluntarily to our enemies," and his estates were therefore confiscated in 1778, he writes to Mr. Edmund Quincy of Boston, 1779, complaining bitterly of this injustice, declaring that he had been prevented from returning to Medford solely by ill health. These acts of oppression, as viewed by him, did not weaken his attachment to this town ; for in his will, made in London in 1779, he bequeathed generously to the clergymen of Medford, to the church, and the schools. Many valuable tokens he left to friends in Boston and to the town of Worcester.
His daughter Elizabeth, who married the second Sir Wil- liam Pepperell, died on her passage to England, in 1775. Her husband died in London, in 1816, aged seventy.
Although Col. Royal's property in Medford was con- fiscated in 1778, it was kept together and well guarded by officers appointed by the judge of probate. By the act of 1777, the General Court empowered the judge of pro- bate to nominate agents to take charge of the estates of absentees, with full power to keep and improve the same. Col. Royal was an exception to the great body of Royalists ; and, although the General Court dealt with his property as with that of a voluntary absentee, they nevertheless considered that it might be restored on his return to Med- ford. The laws which took effect on Col. Royal were as follows : -
" January, 1778: Resolved, To prevent any person from returning into this State, who left it as aforesaid, unless such return be by the leave of the General Court."
" April 30, 1778 : On petition of Simon Tufts. Resolved, That Simon Tufts, Esq., of Medford, be, and he hereby is, directed to deliver into the hands of the Committee of Correspondence, Inspec- tion, etc., of the town of said Medford, all the estate of Isaac Royal, Esq., that he the said Tufts has in his hands, which he the said Royal left in the said town of Medford. And the said Committee of Medford are hereby directed to receive the same, and improve it in the best and most prudent manner they can, agreeable to the resolves of this Court respecting absentees' estates.
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" And it is also resolved, That the several Committees of Corre- spondence, Inspection, etc., of such towns and plantations within this State, are directed to take possession of any estate in each town or plantation respectively that belonged to the said Isaac Royal when he left this State. And all such persons holding possession of any such estate are hereby directed to deliver possession thereof to such committees respectively. And said Committee are further directed to observe the same rules relative thereto as they are ordered to do in managing the estates of other absentees."
October, 1778 : The General Court order agents of es- tates of absentees to lay before them an account of all the property of such persons, and, furthermore, resolve that none of the real estate shall be sold to pay their debts.
Feb. 1, 1779: The General Court resolved that all moneys received from rent or sale of the land of absentees be put into the treasury of the State.
May I, 1779 : The Court resolved to direct all agents to warn out the present possessors, and give possession to the new lessees of the State.
May, 1779 : The General Court appointed a committee to sell at auction the confiscated estates of certain absen- tees. Sir William Pepperell, the son-in-law of Col. Royal, is named in the list ; but Col. Royal is not.
October, 1782 : The General Court resolved that the estates of absentees ought to be held to pay the just debts of said persons, and therefore they order that the moneys received from the sale of such estates shall go to pay the creditors, deducting three per cent to the State for ex- penses.
The mode of restoring the estate of Col. Royal to his heirs, and their disposition of it, may be learned from the following documents.
Extract from the deed given by Henry Hutton and Elizabeth Royal Hutton of England, to Mr. Robert Fletcher of London, dated London, Feb. 25, 1806. It refers to the powers granted by the Legislature : -
" And whereas, by an Act of the Legislature of Massachusetts, passed on or about the 31st January, 1805, it was enacted or resolved that the Hon. James Sullivan, Attorney-General of said Commonwealth, and the Hon. Christopher Gore, or the survivors of them, should be, and they were, thereby authorized to make and execute a deed of con- veyance of the said lands, messuages, and tenements, formerly belong- ing to the said Isaac Royal, to the said Robert Fletcher, his heirs and assigns, in fee simple, in manner and form as was provided by the Act passed on the 8th of March, 1792, entitled, ' An Act for providing a more easy and simple method than was then in use for barring estates
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in tail in lands, and for making the same liable for the payment of the debts of tenants in tail ;' and that such deed, executed and acknowl- edged by the said James Sullivan and Christopher Gore, Esqrs., or the survivors of them, and recorded in the Registry of Deeds, in the Counties of Middlesex and Norfolk respectively, should be as good and sufficient in law, and should have the same force and effect, as though the same were made, executed, and acknowledged by Charles Henry Hutton, the eldest son of the said Henry Hutton and Elizabeth Royal, his wife, when of full age, and in possession of the said premises.
" And that for and notwithstanding any act, matter, or thing done by them, or either of them, they have good right and lawful authority to sell and convey the said houses, lands, tenements, pew, and hered- itaments, with their appurtenances, unto and to the use of the said Robert Fletcher, his heirs and assigns."
The deed was for "five hundred acres of land, on the west side of Mystic River, with the mansion-house," for all which Mr. Fletcher agreed to pay sixteen thousand pounds.
These legislative acts and public documents show that Col. Royal's property in Medford was dealt with at last after the manner of other absentees ; that it came into legal possession of the State, and was put under the care of the Medford Committee of Inspection, and all the rents and incomes paid into the treasury of the State. For twenty-seven years it continued in this situation, when a petition or claim of the heirs of Col. Royal was preferred. The records of these details we have not been able to find, but the final results are seen in the legislative grants of 1805.
We take leave of our townsman with the remark that he was so generous a benefactor, so true a friend, so useful a citizen, and so good a Christian, that we forget he was a Tory - if he was one. Happy would it be for the world, if at death every man could strike as well as he did the balance of this world's accounts.
1
OLD TUFTS HOUSE, PUBLIC SQUARE. (REMOVED IN 1867.)
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CHAPTER V.
POLITICAL HISTORY.
MEDFORD took an inconspicuous but honorable part in the political movements of colonial times. At an early date, it expressed its determination to preserve inviolate the rights and privileges secured to the colony by the charter of 1629. When the four colonies of Plymouth, Massachusetts, Connecticut, and New Haven united, May 19, 1643, under the name of "The United Colonies of New England," their politics and patriotism seemed to expand together; and this fraternal bond was especially strengthened in our ancestors' hearts, when, by the char- ter of Oct. 7, 1691, Plymouth was annexed to Massachu- setts.
As early as 1643 the General Court had said, "that the whole plantation, within this jurisdiction, is divided into four shires ; to wit, Essex, Norfolk, Middlesex, and Suf- folk ;" but the political ties were not satisfactorily ad- justed until the Act of 1691. Previous to this last-named date, Medford had taken part in Provincial politics by sending to the General Court a representative in 1689, and again in 1690; Mr. Peter Tufts filling that position in both cases. It is not certain that the town paid the expenses of their representative in those years ; but, in 1697, it voted to pay him 18d. per day, during the period of his service in the General Court.
The political integrity of Medford began to be tested in 1686, when the indignation of our fathers at the oppres- sive taxation of ANDROS was expressed by a fisherman, a resident of the town, in a pointed figure drawn from his craft. Sir Edmund Andros, belonging to that select po- litical family of which Benedict Arnold was an accepted member, was sent by the King as a spy to New England in 1684. He gathered facts from his imagination, and
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returned to persuade the credulous royal government that the Colonies had forfeited their charter. This induced the king to appoint him "Governor-General and Vice- Admiral of New England, New York, and the Jerseys." He arrived in Boston, Dec. 29, 1686, and commenced, as despots generally do, with professions of friendship and patriotism. But he came prepared to trample on the lib- erties of the people, by bringing with him power to enact laws, raise an army, impose taxes, and abolish the repre- sentative system. He thus destroyed townships, and said, "There is no such thing as a town in the whole coun- try." He and his Council were vested with all legislative and executive powers. And thus the country mourned over their lost charter and fallen liberties. This tyrant contended that every owner of land must renew his title to it, and for his agency the most exorbitant fees were demanded. He levied taxes without any permission from the people or government, and punished cruelly those who refused to pay. The inhabitants of every town were forbidden to meet and exercise their corporate powers, except once a year : and they were told by the judges, in open court, " that they had no more privileges left them, than not to be sold for slaves."
The Anglo-Saxon blood of our Puritan fathers could not brook this ; and they dared to more than think of relief. The great revolution of 1688, in the mother country, ending in the abdication of James, and the accession of William and Mary, afforded an encouraging example on this side the water. That example was promptly followed ; and on the morning of the 18th of April, 1689, the people rose in righteous revolt, seized their oppressor, secured him in prison, and destroyed his government. This was decisive New-Englandism. He was soon sent back to London to be tried. Of this odious ruler, the fisherman referred to said, " If Andros comes to Medford, we will treat him, not with shad or alewives, but a sword-fish."
The loyalty of our fathers was seen in their holding days of public fasting and prayer when sorrow or defeat visited the mother country, and of holding days of thanksgiving when prosperity and triumph blessed the King. As an example, we would mention a day of rejoicing set apart in Medford, Oct. 14, 1743, on account of victory gained by the English troops in Germany.
1753. Medford was fined fio for omitting to send a
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representative to the General Court; but, Jan. 10, 1754, this fine was remitted.
Our town, though small, did its share in Philip's War, and raised money and men to put down that intelligent and brave Indian enemy. The same spirit of liberty breathed in their souls at a later day; and, when the odi- ous Stamp Act was proclaimed, the inhabitants of Medford came together, as with a rush, on the 21st of October, 1765, to express their sober convictions of its unconstitu- tionality and injustice. With entire unanimity, they ad- dressed a letter to their representative, protesting against some former acts of Parliament, but most emphatically against " this most grievous of all acts, wherein a compli- cation of those burdens and restraints are unhappily im- posed, which will undeniably deprive us of those invaluable liberties and privileges which we, as free-born Britons, have hitherto enjoyed." Professing loyalty to their King and Parliament, they nevertheless say, that, "whenever they require such an obedience from us as is incompatible with the enjoyment of our just liberties and properties, we cannot but arise and openly remonstrate against it. And this, we esteem, is so far from a spirit of rebellion and disloyalty in us, that to act the contrary would argue in us a meanness and degeneracy of spirit much beneath the character of true Englishmen, and would therefore justly expose us to the contempt of all true lovers of lib- erty, both in Great Britain and America. .. . Therefore we seriously enjoin it upon you, as our representative, that you be no ways aiding or assisting in the execution of said Act."
This language was not disloyal ; yet it had the ring of fearless courage, and was as prophetic as it was just and noble.
Every little village in the Province was moved to indig- nation by this first instance of oppression ; and no one of them spoke more promptly, or acted more fearlessly, than did the town on the Mystic.
On the 18th of March, 1766, Parliament repealed the odious Act by a vote of two hundred and seventy-five to one hundred and sixty-seven. The joy exhibited at Med- ford, on this event, was most intense, and was manifested by fire-works, ringing of bells, and jubilant dinners.
Parliament resumed taxation, June 29, 1767, and assert- ed its right to "bind the Colonies in all cases whatsoever."
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Duties were laid on paper, tea, glass, and painters' colors. A custom-house was opened, and a civil-list established ; and the Act provided, that, after ministerial warrants are satisfied, the residue of the revenue shall be at the dis- posal of Parliament. The trump of doom could not have caused a more general awakening. New England now was doubly alive.
The preparation-note was sounded in Medford, Dec. 21, 1772, in these words : -
"Voted to choose a Committee to take under consideration the grievances we labor under, and in particular of salaries said to be appointed by the Crown for our supreme judges ; and also to draw up instructions for our representative relative thereto."
This signal-gun, fired from the battlements of liberty, gave no "uncertain sound," as will be seen in the follow- ing acts of our patriotic fathers. Dec. 31, 1772 : -
" Voted that the thanks of the town of Medford be given to the respectable inhabitants of the town of Boston for their patriotic care and vigilance (manifest on several occasions) in endeavoring to pre- serve our civil constitution from innovation, and to maintain the same inviolate. And we do assure them that our assistance shall not be wanting in the use of all such lawful proper measures as shall be thought expedient to be adopted for the preservation of our liber- ties, civil and religious."
Another evidence of the sterling patriotism of our Med- ford fathers, in that early time, is found in the instructions given in their Solemn Declaration of Sentiments, sent to their representative,' Mr. Simon Tufts :-
" SIR, - You being our representative, we your constituents, this day in lawful town-meeting assembled, having taken into serious con- sideration the many and alarming grievances, as generally and justly complained of, which the Colonies in general, and this Province in particular, labor under, as being subversive of the essential rights and privileges of free British subjects, and repugnant both to the letter and spirit of our royal charter, take the freedom to lay before you our sentiments thereupon, and to enjoin you, as our representative, to use your best endeavors in the Honorable House of Representatives, at their next sessions, in promoting and assisting in such constitutional measures as shall appear best, and most likely to obtain redress of the same.
" It would be too tedious, as well as needless, to enumerate and particularly remind you of all the grievances we suffer at this time from ministerial and parliamentary proceedings ; but it may suffice to say generally, that our sentiments of the claims we are justly entitled to, as free British subjects, and also of the infringements from time to time made upon them, are similar to those contained in the pamphlet
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Medford June 30.v772 Mei of board Brooks the Sum of two pounds fourteen Chilling anine pense Lawhelmoney in full of his Jones for the year one thanfand Seven hundred & Jevruty one, Jon Watfor Collector
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(now read) which our patriotic brethren of Boston have generously furnished us with ; which book we recommend to your serious perusal.
" In particular, we desire that you inquire into the truth of a report currently spread and prevailing among us, namely, that the Hon. Jus- tices of the Superior Court are in future to receive their salaries from the Crown. Since such a provision, which renders them so enor- mously dependent upon the Crown, is of so threatening an aspect, so dangerous to the free and impartial administration of justice, as must alarm every serious person who has the welfare of his country at heart, it gives us just reason to fear that the axe is now laid at the root of our liberty, with a fixed intention to hew it down.
" Therefore, sir, if upon inquiry you find this to be really the case, we trust you will zealously and vigorously exert yourself to avert so formidable an evil, and frustrate the wicked machinations of our in- veterate enemies; and, in the mean time, that you will endeavor that the Hon. Justices of the Superior Court of Judicature, Court of As- sizes, and General Jail Delivery, be amply and honorably supported by grants from the General Assembly, and in such a manner as shall best tend to the maintaining of justice in the land. Finally, that you endeavor that the disputes and differences now subsisting betwixt Great Britain and the Colonies be speedily and amicably adjusted, and peace and harmony again restored."
A copy of the above was sent to the town of Boston.
The records of Medford are full of the most clear and stirring expressions of patriotism with reference to the oppressions of the Crown. So near to Boston, every pul- sation of that central heart found an answering beat in the bosoms of our ancestors. They were among the first and steadiest supporters of colonial rights. There were men in Medford, in 1770, who knew their political, civil, and religious position, and who were ready to defend them- selves from parliaments and ministers and kings. It will not be necessary to copy into this history the many decla- rations and resolutions which glow with the auroral light of liberty on the records of the town. It may be interest- ing to see into what form their views and feelings had settled in 1773 ; and these may be apprehended by the fol- lowing record of a town-meeting held for the special pur- pose of expressing their opinion upon the Tea Question. The record is as follows : -
" The town being informed, that, by reason of the American mer- chants generally refusing to import tea from Great Britain while sub- jected to the payment of the duty imposed thereon by the British Parliament, the East India Company there have been so greatly embarrassed in the sale of their teas, that they have at length deter- mined (through permission of Parliament) to export a supply for the Colonies on their own account. Several ships have already arrived
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