History of the town of Medford, Middlesex County, Massachusetts, from its first settlement, in 1630, to the present time, 1855, Part 17

Author: Brooks, Charles, 1795-1872; Whitmore, William Henry, 1836-1900
Publication date: 1855
Publisher: Boston : J.M. Usher
Number of Pages: 640


USA > Massachusetts > Middlesex County > Medford > History of the town of Medford, Middlesex County, Massachusetts, from its first settlement, in 1630, to the present time, 1855 > Part 17


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Robert Rantoul, jun. Caleb Stetson


Robert Rantoul, jun. Samuel E. Sewall .


George Hood


George Osborn .


1762.


Thomas Tufts 1714.


169


JUSTICES OF THE PEACE IN MEDFORD. .


(From Massachusetts Records.)


Thomas Brooks


Mar. 27, 1781.


Luther Stearns Nathaniel Hall Abner Bartlett Samuel Swan Turell Tufts . Abner Bartlett Jonathan Porter . Dudley Hall Jonathan Brooks John P. Bigelow William Ward Nathan Adams Nathaniel Hall Abner Bartlett Turell Tufts . Jonathan Porter . Dudley Hall . Jonathan Brooks Peter C. Brooks . Nathan Adams Nathaniel Hall Abner Bartlett Turell Tufts Jonathan Porter . Dudley Hall Johu Sparrell . Thatcher Magoun Nathan Waite Jonathan Brooks Daniel Swan .


Jan. 27, 1819.


Benjamin Hall


Aug. 20,


Stephen Hall, 3d


Jan. 26, 1820.


Edward Brooks .


Jan. 12, 1821.


Timothy Fitch


Sept. 26, 1783.


June 16,


Johu Brooks .


Jan. 28, 1785.


Feb. 16, 1822.


John Brooks .


April 26, 1787.


May 7,


Benjamin Hall


Mar. 14, 1788. "


Jan. 1, 1823.


Stephen Hall, jun. Thomas Brooks


Feb. 7,


Aaron Putnam


Jan. 7, 1824.


Thomas Brooks


June 25, 1789. Feb. 28, 1795.


Feb. 8, 1825.


Ebenezer Hall


April 16, 1798. May 29, "


Jan. 4, 1827.


Samuel Swan


June 5, 1828.


Nathaniel Hall Samuel Swan


June 13, 1800. Feb. 3, 1803. Jan. 29, 1807. Nov. 8, 1808. Feb. 2, 1810. Mar. 6, »


Jan. 25, 1832. May 18, 1833.


Nathan Adams Nathaniel Hall


Nov. 20, 1812.


Dec. 18,


Isaac Brooks .


Nov. 21,


Mar. 28, 1835.


John Brooks . Samuel Swan Timothy Bigelow Dudley Hall .


" July 3, 1815. Jan. 27, 1816.


Nov. 24, "


Jacob Willard


July 3,


William Ward


Nov. 20,


Jan. 6, 1837.


Abner Bartlett


Feb. 6, 1817.


July 6, 1838.


Nathan Adams


"


10, 1818. | Nathan Adams


Jan.


8, 1839.


.


1843.


Timothy Bigelow .


1808.


Gorham Brooks 1846.


Dudley Hall


1813.


Joseph P. Hall


1847.


Abner Bartlett


1815.


Thatcher R. Raymond .


1850.


Turell Tufts


1824.


Joseph P. Hall 1851.


Thatcher Magoun


1825.


James M. Usher 1852.


John B. Fitelı 1826.


Joseph P. Hall 1853.


John Sparrell


1831.


Jonathan Oldham 1854.


Thomas R. Peck .


1833.


Frederick A. Kendall . 1834.


Timothy Cotting 1834.


Thomas Brooks 1781.


John King 1835.


Aaron Hall .


1782.


James O. Curtis 1836.


John Brooks 1785.


George W. Porter 1837.


James Wyman 1787.


Lewis Richardson 1838. Leonard Bucknam 1838.


Thomas Brooks 1788.


Ebenezer Hall


1789.


Alexander Gregg 1840.


Nathaniel Hall


1800.


Thatcher R. Raymond


Oct. 19,


Jan. 30, 1830.


Timothy Bigelow Nathaniel Hall


Dec. 20, 1831.


Abner Bartlett


Feb. 25, 1811.


Feb. 8, 1813. 20, „


Jan. 27, 1836.


Aug. 30,


Dec. 6, 31,


22


July 7, 1826,


Samuel Swan


Feb. 21, 1829.


POLITICAL HISTORY.


T. Brooks, (under the Con- stitution) 1780.


170


HISTORY OF MEDFORD.


Nathaniel Hall


April 16, 1840.


Abner Bartlett


Oct. 12, 1847.


Abner Bartlett


Oct. 1, "


James M. Usher . Jan. 1, 1850.


Turell Tufts .


Feb. 22, 1842.


Judah Loring


Feb. 12,


Jonathan Porter


Dec. 17,


Aaron K. Hathaway



Henry Porter .


Jan. 5, 1843.


Edmund T. Hastings


Judah Loring


Feb. 25, "


Alexander Gregg John Sparrell ·


July 19, ,,


Dudley Hall


Thatcher Raymond


Jan. 31, 1851.


John Sparrell .


Aug. 20,


Timothy Cotting . April 2,


Thatcher Magoun


Aug. 29, 1843.


George W. Porter . April 21, 1852.


Jonathan Brooks


. Jan. 1, 1844.


Sanford B. Perry


. April 24, 1847.


COLONEL ISAAC ROYAL.


As one of the wealthiest citizens of Medford was fright- ened into Toryism, in 1775, it may be fit to give a short notice of the facts, especially as they illustrate, by contrast, the deep devotion of the rest of our people to the cause of independence. Abundant evidence exists that Medford took an early and decisive stand against the oppressions of the Crown, and, when called upon, paid taxes, raised soldiers, and shed blood in defence of American liberty.


Strong and steady opposers of independence there certainly were in the Colonies ; and it therefore required superior wisdom and courage to meet such domestic forces. The patriots were baptized by the royal government with the name of "rebels," and their doings called " the faction." A trial- question was brought before the Whigs and Tories in a town- meeting held at Boston in June, when a Tory moved to censure, and then annihilate, the " Committee of Correspond- ence." The Tory speaker said of the Committee : - "


" It is the foulest, subtlest, and most venomous serpent that ever issued from the eggs of sedition. It is the source of the rebellion. I saw the small seed when it was implanted; it was as a grain of mustard. I have watched the plant until it has become a great tree ; the vilest reptiles that crawl upon the earth are concealed at the root ; the foulest birds of the air rest upon its branches. I now would induce you to go to work immediately, with axes and hatch- ets, and cut it down, for a two-fold reason : because it is a pest to society, and lest it be felled suddenly by a stronger arm, and crush its thousands in the fall."


This called forth Samuel Adams, the author and right arm of the Committee ; and, with his upright intent, his manly voice, his profound good sense, his irresistible logic, and his


T. P. Smith June 7, 1853.


Alexander Gregg " June '3, "


171


COLONEL ISAAC ROYAL.


New England heart, he crushed the specious declamation of the Tory orator. From Faneuil Hall the crowd went to the Old South Church ; and, so far from being censured, the Com- mittee was thanked, and told to go forward, whatever the consequences. The weaklings of royalty quailed before truth and right; but they did not stop their vituperative tongues. There were no opprobious epithets in the language which they did not freely bestow on the patriot cause. One said, " The annals of the world have not been deformed with a single instance of so unnatural, so causeless, so wanton, so wicked a rebellion." The patriot leaders were called " calves, knaves, and fools ; " " self-interested and profligate men ; " " the Boston saints." "The merchants form a part of those seditious herds of fools and knaves ; " and "the generality of young Bostonians are bred up hypocrites in religion, and pettifoggers in law." Such were the words and arguments of the Tories against the cause of their country. No wonder that such abuse should stir the blood of James Otis and John Adams. The great question was now fairly brought before the country and the world ; and there was left but one course for patriotism to pursue, - which was, to fight for liberty and independence. Our fathers met the issue ; and the great re- sults are now shaking Europe to its very centre.


It is not necessary to say more here to introduce the topic under remark.


Medford had a very small number of Tories; but they should have historical notice at our hands. Curwen says : -


" Of nearly two hundred exiled Royalists who were banished by the government of Massachusetts, more than sixty were graduates of Harvard College. Of the five Judges of the Supreme Court of that Province at the commencement of the difficulties, the Hon. William Cushing alone was of patriot principles; and he was afterwards on the bench of the Supreme Court of the United States."


Our patriot fathers felt that they could not trust those to live among them who were the avowed enemies of freedom or the avowed supporters of the Crown. After long patience and ready allowances, the General Court felt called upon, in self-defence, to pass three acts. The first was passed Septem- ber, 1778, entitled "An act to prevent the return to this State of certain persons therein named, and others who have left this State, or either of the United States, and joined the enemies


172


HISTORY OF MEDFORD.


thereof." The second was passed April 30, 1779, and was entitled " An act to confiscate the estates of certain notorious conspirators against the government and liberties of the inhabitants of the late Province, now State, of Massachusetts Bay." The third was passed Sept. 30, 1779, and is entitled " An act for confiscating the estates of certain persons com- monly called absentees."


It is worthy of note, that Colonel Royal's name does not appear in either of the three lists of proscribed persons, al- though he was for twenty-two years a member of the Governor's Council. It is apparent that he loved his country and his friends ; and could he have been assured, at the out- set, that the United States would secure their independence, and that he should be the undisturbed possessor of his beau- tiful country-seat in Medford, he would probably have taken side with his old friend, Dr. Tufts, and his young friend, Dr. Brooks, and given generously for the cause of freedom. But he was timid, and supposed, as such men generally did, that the entire army and navy of Great Britain would soon be here to burn, sink, and kill indiscriminately. His valor counselled him to run. But, be it recorded to the honor of the citizens of Medford, he was the only deserter. To carry on his farm after his departure, was found to be sometimes difficult ; for " the honest man's scythe refused to cut Tory grass, and his oxen would not plough Tory ground."


The town of Medford proceeded gently and wisely in taking possession of the estates of Tories and absentees. The order of Court, under which they acted, was passed April, 1776. We find the following in our records : -


" Copy of the return made to the General Court, pursuant to a resolve of the Great and General Court passed last April, the Com- mittee of Safety, &c., of the town of Medford have proceeded to take into their care the estates of sundry persons who are deemed inimical to the liberties of America, of which the following is a true account, viz. : -


" Of the estate belonging to Joseph Thompson, late of Medford : one piece pasture land, and one piece marsh, which have been leased to Richard Crees, one year, for £7. 4s. A shop, leased to William Gowen for 40s. per annum. Half a dwelling-house, leased to Jonathan Patten, one year, for £6. 13s. 4d. Two-seventh parts of the following house and lands, being his share of his mother's thirds, undivided and not leased : a piece of plough-land, half an acre; a piece mowing-land, one acre; a wood-lot, four acres; one-third of half a dwelling-house. 197,650 unburned bricks,


1


173


COLONEL ISAAC ROYAL.


1,886 feet pine boards, taken by the army, for which pay is pro- mised. A pew in our meeting-house, not leased. Thirty-two dozen of tile, sold for £3. 4s.


" Of the estate belonging to Sir William Pepperell, viz. : a pew in our meeting-house, No. 16, not leased.


"Of the estate belonging to one Clewly, in Halifax, left in the hands of Ichabod Jones, of Boston, his trustee : two pieces of land leased to Paul Wyman, one year, for £10.


" JOSHUA SYMONDS, SAMUEL KIDDER, STEPHEN HALL, JUN., EBENEZER HALL,


Committee ( of safety, &c.


" MEDFORD, Aug. 26, 1776." 1


Dr. Simon Tufts, that skilful physician and polished gen- tleman, was persuaded to accept the agency of Colonel Royal's affairs during an absence which was meant to be short. The breaking out of hostilities so near to him as Lexington was too much for the colonel's courage ; and, through very fear, he started for he knew not where. He arrived safely in Halifax, and there wrote his friend, Dr. Tufts, May, 1775, urging him to become his agent in taking care of his pro- perty. This the doctor declined, but afterwards accepted. From Halifax, Colonel Royal wrote to Dr. Tufts, under date of March 12, 1776, concerning certain sales of slaves. His directions were as follows : -


" Please to sell the following negroes : Stephen and George ; they each cost £60, sterling ; and I would take £50, or even £15, apiece for them. Hagar cost £35, sterling; but I will take £30 for her. I gave for Mira £35, but will take £25. If Mr. Benjamin Hall will give the $100 for her which he offered, he may have her, it being a good place. As to Betsey, and her daughter Nancy, the former may tarry, or take her freedom, as she may choose; and Nancy you may put out to some good family by the year."


Colonel Royal was then on the eve of departure for Eng- land ; and he thus writes to his friend in Medford : -


"I shall leave North America with great reluctance; but my health and business require it; and I hope, through the goodness of God, if my life is spared, to be able to return again soon."


In August, 1777, Dr. Tufts had a letter from him, dated Kensington, England. Colonel Cary, who had married a lady from New York, occupied Colonel Royal's house in


174


HISTORY OF MEDFORD.


1778. The house and farm were rented for £200. At a later period, when three gentlemen bought the entire estate on speculation, expecting to realize large fortunes by dividing the whole into lots, there was a valuation of the lots, and the sum total was $81,996.00. A few lots were sold; and the dreams of Cræsus became those of Belisarius.


Colonel Royal's opinions and conduct respecting the strug- gles for independence subjected him to suspicion. The Com- mittee of Safety, in Medford, felt called upon to examine into facts ; and the testimony offered, April 9, 1778, was as follows : -


"Several persons were this day examined respecting Colonel Royal's political behavior, who declared, in substance, as fol- lows : - -


" Simon Tufts, Esq., said he knew of nothing said Royal had said or done against the country ; but, on the contrary, he believed him to be a friend of the American cause. That said Royal being in Boston at and before the battle of Lexington, the confusion which that battle occasioned in the country made him afraid at that time and afterwards to return home; and that said confusion, which prevailed in Boston, made him afraid to stay there ; accordingly he went to Halifax, and from thence retired back into the country, and afterwards went to England. That, after said battle, said Royal sent him a letter of attorney, entreating him to take care of his estate here ; but he (said Tufts) declined it on account of his own business, and returned back said power. That, some time after, find- ing said Royal's estate in a wasting condition, he sent to said Royal, informing him that he would undertake the care of it; and, some time after, he received a letter from said Royal, enclosing another power for that purpose, dated May 23, 1775; upon which he under- took to act as his attorney. That he had since made said Royal no remittances of any of the rents or of the estate (agreeable to a promise he had made to a former Committee). That the State of Rhode Island having sequestered what of said Royal's estate lay within their jurisdiction, he had applied to the General Assembly there, and informed them of the letters he had received: from said Royal, empowering him to take the care of his estate; and that they, after examination made, delivered the said estate up to him ; and he has held it ever since, as attorney aforesaid.


" Mr. Peter Tufts declared, That, about a fortnight before Lex- ington battle, Colonel Royal told him that it would not do for us to resist Great Britain, for they were too strong for us, and would send over ten thousand Russians, who would subdue us; and that, by his conversation, it appeared to him (the said Tufts) that said Royal was for surrendering up all to Great Britain, rather than make resistance.


175


COLONEL ISAAC ROYAL.


"Mr. Samuel Winship declared, That, on Sunday before said battle, said Royal went in his coach to Boston, and took with him a pair of pistols and a carabine, but for what end he did not know, nor never heard ; that, at the same time, he left in his house two firearms, which Mr. Poor, some days after, carried to Water- town.


" Captain Isaac Hall declared, That, the winter before said bat- tle, he went to settle accounts with said Royal, at his house ; and that said Royal 'showed him his arms and accoutrements (which were in very good order), and told him that he determined to stand for his country, &c.


" Mr. Billings said, That he heard Captain Jenks say, that, a day or two before said battle, Colonel Royal sent for him, and desired him to go to Salem, and procure him a passage to Antigua in a vessel bound there; and that he (said Jenks) would have gone, but the battle prevented him."


To this testimony may be added that of Colonel Royal himself. In a letter to Dr. Tufts, dated " Kensington, April 12, 1779," he says : -


" I doubt not you, and Mr. Hall, and the rest of my friends, will do all in your power to procure me liberty from the General Court to return home as soon as my health will admit of."


He vindicated his character against the charge of treachery to his country ; and, in another letter, dated August 22, 1779, says : -


" When I was in the General Court, I made the public good my aim in every thing that I endeavored to do, which I think every man ought to."


Mere fright should not be considered as constituting Tory- ism. A true Tory must have had a force of reason and sense of right wholly inconsistent with cowardice. Colonel Royal's force of mind was not sufficient to make him a strong enemy of any thing. He is mentioned in Curwen's letters ; and there Mr. George A. Ward speaks of him thus : -


" Hon. Isaac Royal, of Medford, was remarked by every one for his timidity ; he halted between two opinions, respecting the Revo- lution, until the cannonading at Lexington drove him to Newbury- port, and then to Halifax ; and, after living some time in retirement, he embarked for Europe. He was a proscribed refugee; and his estate, since that of Jacob Tidd, Esq., was confiscated. He died of small-pox, in England, October, 1781. His bounty laid the first


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HISTORY OF MEDFORD.


176


professorship of law at Cambridge; and a legacy of plate to the first church in Medford shows that his regard for his country was not weakened by distance nor seared by proscription. He be- queathed more than two thousand acres of land, in Granby and Royalton, in Worcester County, for the establishment of the afore- said professorship. He was, for twenty-two years, a member of the Council. His virtues and popularity at first saved his estate, as his name was not included with those of his sons-in-law, Sir William Pepperell and George Erving, in the 'Conspirator's Act ;' but, on the representation of the Selectmen of Medford ' that he went voluntarily to our enemies,' his property was forfeited and taken under the Confiscation Act. He made bequests to Medford and Worcester, and legacies to the clergymen. While a member of the House of Representatives, he presented the chandelier which adorns its hall.


" George Erving, Esq., merchant, of Boston, who married one of Colonel Royal's daughters, was a refugee included in the ‘ Con- spirator's Act.' He died in London, Jan. 16, 1806, aged 70.


" General Sir William Pepperell, baronet, was born at Kittery Point, Maine, in 1696. He died at Kittery, June 6, 1759.


" Colonel Royal was appointed one of the 'Mandamus Council- lors' for this Province by his Majesty, Aug. 9, 1794; but he did not take the oath of office."


1743: He gave Charlestown £100, which was used to build a parsonage. While Representative, he returned to the town treasury his salary. In 1745, he gave £80 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, too, was almost a passion with him. No house in the Colony was more open to friends ; no gentleman gave better din- ners, 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 descriptive of every visitor, topic, and incident, and even descended 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 supporter 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 Colo-


1


177


COLONEL ISAAC ROYAL.


nies less, but that he feared England more. He wanted that unbending, hickory toughness which the times required. New England needed men who were as splinters from her own granite hills ; and he was not one of that type.


His gift of two thousand acres of land to Harvard College, 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 Colonel 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 suc- cess. He resigned in 1848, and was succeeded by Hon. Theophilus Parsons, who is now in office.


These distinguished jurisconsults have each paid a tribute of respect to the memory of Colonel Royal, of Medford, and have recognized him as the primal cause of the establishment of a permanent school for that second of sciences, jurispru- dence.


Colonel 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-


23


1


178


HISTORY OF MEDFORD.


beth, widow of John Usher (Lieutenant-Governor), five hundred and four acres, three quarters, and twenty-three 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 Captain Samuel Brooks in part, and part on river and salt marsh now improved by Josiah Whitte- more; and south-east, on land of said Whittemore, lying on both sides of Medford or Mystic Road."


Colonel 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, 10th inst., and was car- ricd, the same night, to Dorchester, and there " buried in his marble tomb." His wife died April 21, 1747, and was buried from Colonel Oliver's house, in Dorchester. The tomb is entire at this time. His son, who seemed also to inherit his father's title of colonel, fixed his residence in the house now standing, and which is yet called the "Royal House." It was built by Colonel Royal, into its present form, by enlarging the house built by Lieutenant-Governor 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; and its present owner, Mrs. Tidd, has carefully preserved the form given to it by Colonel Royal. It was at first within the limits of Charles- town ; and Colonel Royal was chosen Representative 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.


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


179


COLONEL ISAAC ROYAL.


of his sons-in-law, Mr. George Erving and Sir William Pep- perell, were not spared. But when it was subsequently 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 bit- terly 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 Med- ford, to the church, and the schools. Many valuable tokens he left to friends in Boston and to the town of Worcester.




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