GENERAL ISAAC ROYALL'S MANSIONGENERAL ISAAC ROYALL'S MANSION, MEDFORD.He was kind to his slaves, charitable to the poor and friendly to everybody.
Upon his arrival in England, he exchanged visits with Governors Pownall, Bernard, and Hutchinson. Colonel Royall after the loss of some of his nearest relatives and of his own health, requested that he be allowed to return "home" to Medford and to be buried by the side of his wife, his father and mother, and the rest of his friends. He would fain have livedin amity with all men and with his king too, but the Revolution engulfed him. But he is not forgotten. He died in England 1781, his large hearted benevolence showed itself in many bequests to that country that had driven him forth and to which he was an alien. He bequeathed upwards of two thousand acres of land in Worcester County to found the first Law Professorship of Harvard University and his other bequests were numerous and liberal. He has a town (Royalston) in Massachusetts named for him, and is remembered with affection in the place of his former abode. 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 "conspirators act," but on the representation of the selectmen of Medford "that he went voluntarily to our enemies" his property was taken under the confiscation act and forfeited. It was held by the State until 1805, when it was released by the Commonwealth, owing to the large bequests that Colonel Royall made to the public. It was then purchased by Robert Fletcher, who divided the estate up into house lots and sold them to various persons.
General Royall's mansion was the centre of great festivities, and the most noted families of Boston and vicinity were entertained there. He was noted for his hospitality and was always generous and charitable to the poor, and an excellent citizen. Brooks in his "History of Medford" says hospitality was almost a passion with him. No home 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 was a most accurate man and in his daily journal minutely described every visitor, topic, and incident and even descended to recording what slippers he wore and when he went to bed. Some one said in speaking of Colonel Isaac Royall, "it is not that he loved the colonies less but England more." Among his bequests was a legacy of plate to the first church of Medford, and legacies to the clergymen, and while a member of the House of Representatives, he presented the chandelier which adorned its hall.
After the departure of General Royall from his beautiful home, it was taken possession of by the rebels who came pouring into the environs of Boston and laid siege to same. Colonel, afterwards General, John Stark,[194]made the mansion his headquarters, and his New Hampshire troops pitched their camp in the adjacent grounds. It was afterwards occupied by General Lee, who took up his quarters in the mansion, whose echoing corridors suggested to his fancy the name of Hobgoblin Hall.
Elizabeth, the wife of Isaac Royall, died at Medford, July, 1770, andwas buried in the marble tomb in Dorchester. Their daughter Elizabeth, the wife of Sir William Pepperell, died at sea upon the voyage to England in 1775.[195]
It is said that the male line of the Royalls has ceased to exist in Maine and Massachusetts. The writer knows not of a single living individual bearing the surname who has descended from the stock that in the beginning of the settlement was so vigorous, and promised to be so prolific. This statement will also apply to many other Loyalists' families that were driven from their homes at the commencement of the Revolution.
Thomas Brattle, the forefather of the Brattle family that settled in Boston, was at his death accounted the wealthiest man in the Colony. Though we have no information concerning the family prior to the coming of Thomas Brattle to New England, it is only reasonable to believe that he was descended from an educated and intelligent line. Only four generations bearing the name existed here, and it is a notable circumstance that all the male representatives of those four generations were men of remarkable powers and distinguished abilities.
Thomas Brattlewas born about 1624, and was a merchant of Boston. He was a member of the Artillery Company and captain in the militia, and the commander of several expeditions against hostile Indians. He was one of the founders of the Old South Church. He married Elizabeth, the daughter of Captain William Tyng, by whom he had seven children. His death occurred in 1683.
Thomas Brattle, the son of the former, was born in 1658, and was a graduate of Harvard College. He was a very intelligent man, and was treasurer of Harvard College for twenty-five years. He was one of the founders of the Brattle Street church, and gave an organ to the King's Chapel when it was rebuilt in 1710, the first organ used in Boston in a church. He was a steadfast opposer of the proceedings of the courts during the witchcraft delusion in 1692. He was a Fellow of the Royal Society, and died in 1713. President Ouincy says of him: "He was distinguished for his private benevolences and public usefulness."
William Brattlegraduated from Harvard college, and for over twenty years was pastor of the Cambridge church. He was also a member of the Royal Society of London.
William Brattle, son of the former, was baptized by his father in 1706. He graduated from Harvard College in 1722, and was a memberof the Ancient and Honorable Artillery Company. He was a theologian, and as a physician he was widely known, and no higher tribute to his eminence as a barrister need be sought than in the years 1736-7, when, only thirty years of age, he was elected by the House and Council to the office of Attorney General.
He possessed strong peculiarities, and Sabine says of him that "A man of most eminent talents and of greater eccentricities has seldom lived." He inherited a large and well invested property, and had ample means to cultivate those tastes to which, by his nature and education, he was inclined. He was for many years Major General of the Province, and afterwards Brigadier General. His large and beautifully situated house, which now exists in Cambridge, though greatly transformed, known as the "Old Brattle House" was the resort of the fashion and style of this section of the country. At the age of twenty-one he married Katherine, the daughter of Governor Gurdon Saltonstall. She died at Cambridge in 1752, and he married again in 1755, Mrs. Martha, widow of James Allen, and daughter of Thomas Fitch. General Brattle seems to have inherited from his father the same love for and interest in the welfare of his Alma Mater, which so characterized the beloved minister of the church in Cambridge. He was long one of her overseers, and in 1762 was appointed by the Council one of a committee for the erection of Hollis Hall, a task which was satisfactorily completed.
When the Revolution broke out in 1775, he was holding a very honorable office under the crown. Harris says he was "on terms of friendship with many of the regular army officers quartered in Boston and vicinity. His cultivated and refined tastes tending always to draw him to court, rather than plebeian society, were, no doubt, inducements for him to remain loyal. Certain it was, while studiously endeavoring to preserve friendly and peaceful relations with his townsmen and neighbors, he was openly opposed to their principles. He was an Addresser of Gen. Gage and approved of his plans, but at last public excitement reached such a height that he deemed it wise to withdraw from Cambridge, and leaving his house and property in the hands of his only daughter, Madame Wendell, at that time a widow, he quietly joined the Royal army in Boston, and at the evacuation in 1776, sailed with the forces to Halifax, where he died in October of the same year. It is said that his gravestone is still to be seen in the churchyard in that city." There is a portrait of William Brattle in the possession of his descendants, which was painted by Copley, being one of the first productions of that eminent artist. Of his nine children, only two lived to maturity, Katherine in whom the line but not the name was perpetuated, and Thomas.
Katherine was married to John Mico Wendell, a merchant of Boston, in 1752, who was of Dutch origin. After the death of her husband, Katherine removed to Cambridge and resided there until her death in 1821, at the age of nearly ninety-one years. The house was situated near the corner of what afterwards became Wendell street, and Northave. The Centinel of February 10, 1821, contained a memoir from which we gain some knowledge of her character.
"Descended from honorable families, she possessed the virtues and and maintained the honors of her ancestors.... During the war of the Revolution, both her talents and virtues were put to severe tests, and by her wisdom and discretion, her energy, and integrity, her benevolence, and charity, she conciliated the favor of men in power, civil and military; secured to herself personal respect, and rescued the paternal inheritance from the hazard of confiscation. It was by her means that the portion of the estate that fell to her brother Thomas, then in England, was in a like manner preserved.... Her contributions aided in the translation of the Bible into the languages of the East, and in the diffusion of Christian knowledge among the poor and destitute of our own country."
She had five children, but three of them died before reaching maturity. Governor James Sullivan, who knew Thomas Brattle well, wrote of him: "Major Brattle exercised a deep reverence for the principles of government, and was a cheerful subject of the laws. He respected men of science, as the richest ornament of their country. If he had ambition, it was to excel in acts of hospitality, benevolence, and charity. The dazzling splendor of heroes, and the achievements of political intrigues, passed unnoticed before him, but the character of the man of benevolence filled his heart with emotions of sympathy."... "In his death, the sick, the poor and the distressed have lost a liberal benefactor, politeness an ornament, and philanthropy one of its most discreet and generous supporters."
Thomas Brattle, the youngest and only surviving son of General William and Katherine Saltonstall Brattle, was born at Cambridge in 1742. He graduated from Harvard College in 1760, and not long afterwards visited England and the Continent, for the double purpose of study and travel.
When the war broke out, he was still abroad, and being informed of the position taken by his father, he conceived to be the most prudent course to remain in England. While abroad he traveled over various parts of Great Britain, and made a tour through Holland and France, and was noticed by persons of distinction. Returning to London, he zealously and successfully labored to ameliorate the condition of his countrymen, who had been captured and were in prison. This restored to him his estates, for he was included in the Confiscation, Proscription and Banishment Act of 1778. He returned to America in 1779, and 1784 the enactments against him in Massachusetts were repealed, and he took possession of his patrimony. He found his mansion home at Cambridge had been thoroughly ransacked and damaged by the Continental troops, who had occupied it during the war. The neglected estate was restored to its former beauty, and improved by the erection of a green-house, probably one of the earliest known in this part of the country. He lived here for many years, and became well known for his charities. He died,universally lamented and beloved, on the seventh of February, 1801, and was laid to rest in the family tomb, the last of his name. He was never married.
The only descendants of General William and Katharine Saltonstall Brattle, are through their daughter Katherine, who married John Mico Wendell.
CONFISCATED ESTATE OF WILLIAM BRATTLE IN BOSTON, AND TO WHOM SOLD.
To James Allen, May 12, 1781; Lib. 132, fol. 202: Land and buildings in Boston. Tremont St W.; John Rowe and Henry Caner, an absentee, S.; Nathaniel Holmes E.; George Bethune N. and E.; John Andrew and heirs of Samuel Pemberton deceased N.; Robert McElroy W. and N.; passageway W. and W. [N.]
To James Allen, May 12, 1781; Lib. 132, fol. 202: Land and buildings in Boston. Tremont St W.; John Rowe and Henry Caner, an absentee, S.; Nathaniel Holmes E.; George Bethune N. and E.; John Andrew and heirs of Samuel Pemberton deceased N.; Robert McElroy W. and N.; passageway W. and W. [N.]
Joseph Thompson was the son of Joseph and Sarah (Bradshaw) Thompson, who were located in Medford as early as 1772, coming from Woburn, and descended from the same family as Sir Benjamin Thompson (Count Rumford). They lie buried side by side in the little burial ground on Salem street, Medford. Joseph, the subject of this sketch, was born May 16, 1734. He was married in Boston, 1759, to Rebecca Gallup, whom Isaac Royall refers to in his will as a kinswoman of his wife.
In addition to the double portion assigned to him out of his father's estate, he added to it from time to time by the purchase of several estates. His occupation is mentioned in the deeds as that of merchant. In June, 1775, news reached the Provincial Congress that the Ervings of Boston, had fitted out, under color of chartering to Thompson, a schooner of their own, to make a voyage to New Providence (Nassau, Bahama Islands), to procure "fruit, turtle and provisions of other kinds for the sustenance and feasting of those troops who are, as pirates and robbers, committing daily hostilities and depredations on the good people of this colony and all America." Congress therefore resolved that Captain Samuel McCobb, a member, "be immediately dispatched to Salem and Marblehead, to secure said Thompson, and prevent said vessel from going said voyage, and cause the said Thompson to be brought before this Congress." Thompson, however, escaped, and afterwards went to England. On June 3, 1780, on the petition of Rebecca Thompson, asking leave be granted her to rejoin her husband in England on the first convenient opportunity, and to also return again to this state, the General Court, and the committee of Inspection for Medford, were directed to see that she carried no letters nor papers that might be detrimental to this, or any of the United States of America.[196]
James Prescott, Joseph Hosmer and Samuel Thatcher, Esq., wereordered to make sales of certain estates situated in the county of Middlesex, confiscated to the use of the government, belonging to Joseph Thompson, merchant. Six acres of salt marsh on Medford river were sold to Ebenezer Hall, Jr., for £70; a dwelling house and yard bounded south on the great road, to Thomas Patten for £295; 1½ rods of land (part of the dower estate of his mother), with 3-16 of the dwelling house, 1-4 of an acre of mowing land, 20 rods of plow land, to Samuel Kidder for £24.15; a pew in the meeting house to Susanna Brooks, widow, for £10; 8 acres of land bounded south on the great road and west on Proprietor's Way, and situated near the Hay Market, to Jonathan Foster for £252. 10, and about 10 poles of land with a joiner's shop thereon, bounded north on the road to Malden, to Ebenezer Hall for £40.5, making a total of £692.5.
A Mr. Thompson died in England during the war, probably the same.
The Erving family was one of the oldest and most respected families in Boston. Hon. John Erving, the father of the colonel, was one of the most eminent merchants in America, and was a member of the Council of Massachusetts for twenty years. The Hon. Robert C. Winthrop, his great-grandson, in a public address in 1845, thus refers to him: "A few dollars earned on a commencement day, by ferrying passengers over Charles River, when there was no bridge—shipped to Lisbon in the shape of fish, and from thence to London in the shape of fruit, and from thence brought home to be reinvested in fish, and to be re-entered upon the same triangular circuit of trade—laid the foundations of the largest fortunes of the day, a hundred years ago." Mr. Erving, by his wife Abigail, had a large family. He died in Boston in 1786, aged ninety-three.
Colonel John Erving, eldest son of the preceding, was born in Boston, June 26, 1727, was a colonel of the Boston regiment of militia, a warden of Trinity church. He graduated at Harvard University in 1747. In 1760 he signed the Boston Memorial, and was thus one of the fifty-eight who were the first men in America to array themselves against the officers of the Crown, but like many others that did not favor many acts of the government, he could not tolerate mob rule, and therefore threw his lot in on the side that represented law and authority.
When Hancock's sloop Liberty was seized for smuggling in 1768, by the commissioners, the fury of the mob became great. They fell upon the officers, several of whom barely escaped with their lives. Mr. Erving, besides having his sword broken, was beaten with clubs and sticks, and considerably wounded. He was not concerned with the seizure of the sloop.
MAJOR GENERAL SIR DAVID OCHTERLONYMAJOR GENERAL SIR DAVID OCHTERLONY.Born in Boston Feb. 12, 1758. There is erected in Calcutta a monument to him, which is one of the notable sights of that city. Died at Meerut, India in 1825.
In 1774 he was an addresser of Hutchinson, and the same year appointed mandamus councillor. On the evacuation of Boston, heand his family of nine persons accompanied the army to Halifax, and from there he went to England. In 1778 he was proscribed and banished. He died at Bath, England, June 17, 1816, aged eighty-nine. His wife, Maria Catherina (youngest daughter of Governor Shirley), with whom he lived sixty years, died a few months before him. A daughter of Mr. Erving married Governor Scott of the island of Dominica and died at that island February 13, 1768. His son, Dr. Shirley Erving, entered Harvard College in 1773, but his education was cut short by the Revolution. He became a prominent physician at Portland, Maine, and died at Boston in 1813, aged fifty-five. His widow survived him for many years. They left two sons and one daughter. The Erving mansion house was on Milk street, and was confiscated.
George Ervingwas a prominent merchant of Boston. He was one of the fifty-eight memorialists who were the first men in America to array themselves against the officers of the Crown, but he could not take part with the mobs in their lawless and brutal actions. He was an Addresser of Hutchinson in 1774, was proscribed under the Act of 1778, and his estate was confiscated under the Conspiracy Act of 1779. He went to Halifax with his family of five persons, and thence to England. He died in London in 1806 at the age of seventy. His wife was a daughter of General Isaac Royall of Medford.
CONFISCATED ESTATES BELONGING TO COLONEL JOHN ERVING AND TO WHOM SOLD.
To James Lloyd, May 4. 1787; Lib. 160, fol. 105; Land and buildings in Boston. Kilby St., formerly Mackerel Lane, E; heirs of John Erving deceased N; heirs of Samuel Hughes W.; Joseph Winthrop S.To John Codman, Jr., July 2. 1787. Lib. 160, fol. 201; Land and messuage in Boston. Newbury St., W.; John Crosby N.; E. and N., John Soley E. and S., passage or alley S.——Land 14 A., in Walpole, road from Walpole to the sign of the Black Lamb in Stoughton N.; Nathaniel Preble S.E.; Philip Bardin S.W. and N.W.To Nathaniel Appleton. Feb. 13, 1789; Lib. 164, fol. 149; Land, 14 A, in Walpole, road from Walpole to the sign of the Black Lamb in Stoughton N.; Nathaniel Preble S.E.; Philip Bardin S.W. and N.W.To John Deming. May 6, 1789; Lib. 166, fol. 11; Land and messuage in Boston. Newbury St. W.; John Crosby N.; E. and N.; John Soley E. and S.; passage or alley S.
To James Lloyd, May 4. 1787; Lib. 160, fol. 105; Land and buildings in Boston. Kilby St., formerly Mackerel Lane, E; heirs of John Erving deceased N; heirs of Samuel Hughes W.; Joseph Winthrop S.
To John Codman, Jr., July 2. 1787. Lib. 160, fol. 201; Land and messuage in Boston. Newbury St., W.; John Crosby N.; E. and N., John Soley E. and S., passage or alley S.——Land 14 A., in Walpole, road from Walpole to the sign of the Black Lamb in Stoughton N.; Nathaniel Preble S.E.; Philip Bardin S.W. and N.W.
To Nathaniel Appleton. Feb. 13, 1789; Lib. 164, fol. 149; Land, 14 A, in Walpole, road from Walpole to the sign of the Black Lamb in Stoughton N.; Nathaniel Preble S.E.; Philip Bardin S.W. and N.W.
To John Deming. May 6, 1789; Lib. 166, fol. 11; Land and messuage in Boston. Newbury St. W.; John Crosby N.; E. and N.; John Soley E. and S.; passage or alley S.
Captain David Ochterlony, the father of the subject of this memoir, was born in Forfarshire, Scotland, and was descended from one of the most ancient families in that country. In 1226 the land of "Othirlony" was exchanged by his ancestors for those of Kenney in Forfarshire possessed by the Abbey of Aberbrothock. Kenney had been bestowed on the Abbey by its founder, King William, the Lion King of Scotland.
David, was a captain in the merchant service, and resided for a whileat Montrose. Boston was one of the many ports visited by him in his voyages. Five years after his first appearance in Boston, June 4, 1757, intention of marriage was published, to Katherine, daughter of Andrew Tyler of Boston, by his wife Miriam, a sister of Sir William Pepperell. On 27th of June, 1762, he purchased a brick house with about 1500 square feet of land on Back street, which at that time was that part of Salem street from Hanover to Prince street. Meanwhile three sons and daughter were born. The eldest of these,Major General Sir David Ochterlonyborn 12 Feb. 1758, who was to revive the name in a new locality. Captain Ochterlony, the father, continued his career as a mariner but a few years after locating in Boston, he died in 1765, at St. Vincent W. I. His widow went to England, where she married Sir Isaac Heard of London, Norroy and Garter King of Arms, and gentleman of the Red Rod, to the order of the Bath.
The son David was a scholar at the Latin School in Boston, when his father died. At the age of eighteen he entered the army and went to India, as a cadet, and in 1778 received an appointment as Ensign. In 1781 he was Quartermaster to the 71st Regiment of Foot. During the twenty years that succeeded, he was exposed to all the danger and fatigue of incessant service in the East. He attained the rank of Major in 1800 and of Lieutenant-Colonel in 1803, and Colonel in 1812. His commission of Major General bears date June 1, 1814. In 1817 he received the thanks of both Houses of Parliament. His health, after nearly fifty years of uninterrupted military duty in a tropical climate, became impaired and he resigned a political office in India with the intention of proceeding to Calcutta, and thence to England. This plan he did not live to execute. He died at Meerut in 1825, while there for a change of air. He was Deputy-Adjutant-General at the Battle of Delhi, after which he was sent as envoy to the Court of Sha Alum. For his conduct in the Nepaulese war, he was created a Knight Commander of the Bath and May 7, 1816, was made a baronet. After his death there was erected in Calcutta a monument to him, which is one of the notable signs of the city. Sir David never married. His title descended to Charles Metcalf Ochterlony, and was succeeded in it by his son, the present baronet, Sir David Ferguson Ochterlony. Gilbert Ochterlony, the second son of Captain David, died Jan. 16, 1780, aged 16, at the home of his step-father Isaac Heard, Esq., at the college of arms.[197]Alexander, the third son died in 1803, and Catherine in 1792.
Captain David's will, made at the time of his marriage, was probate March 7, 1766, and left everything to his wife Katrin, but his estate was not settled till after the peace. 1791, and then it was insolvent, the sum then obtained to close up the estate paid a dividend of only six and a half pence on the pound. The name of Ochterlony in New England became extinct.
Robert Auchmuty first of the American family of that name was descended from an ancient Scottish family, holding a barony in the north of that country. His father settled in England early in the eighteenth century, and Robert studied law at the Temple, London, and came to America and settled in Boston about the year 1700. He was a profound lawyer and possessed remarkable talents and wit, but when he was admitted to practice does not appear. He was in practice soon after 1719 and the profession owed much to his character and system and order which now began to distinguish its forms of practice. His talents were extraordinary, "Old Mr. Auchmuty says a contemporary would sit up all night at his bottle, yet argue to admiration next day, and was an admirable speaker." He was sent to England to settle a boundary dispute between Massachusetts, New Hampshire, and Rhode Island. His services were so valuable, that on December 1738, he received from the former a grant of two hundred acres of land. He was judge of the Court of Admiralty for New England from 1733 until 1747. While he was in England he advocated the expedition to Cape Breton in an ably written pamphlet published in 1744. This tract probably gave to the historian Smollett the erroneous impression that Auchmuty was the originator of that brilliant enterprise, the credit of which belongs to Governor Shirley.
Judge Auchmuty held his office until 1747 when he was superseded by Chambers Russell. His home was in Roxbury, Massachusetts, and many anecdotes of him have been handed down from generation to generation. He was "greatly respected and beloved in public and private life." His memory is held in high veneration by the bar in Massachusetts and his opinions are still respected.
Judge Auchmuty died in April, 1750, leaving several children. His daughter married Judge Pratt of New York and his son, Judge Robert Auchmuty, followed in his father's footstep, and became a noted lawyer in Massachusetts. Although he had not the advantage of a collegiate education he became an able lawyer. As an advocate he was eloquent and successful. "Among his contemporaries were Otis, Quincy, Hawley, and judges Paine, Sargent, Bradbury, R. Sewall, W. Cushing and Sullivan and though less learned than some of these he was employed in most of the important jury trials."
"It was when together with that class of lawyers above named that the profession owed the respectability which since his day has characterized the bar of Massachusetts."[198]He held the office of Advocate of the Court of Admiralty from August 2, 1762, until his appointment as judge, having been originally appointed in the place of Mr. Bollan, tohold the office during his absence. Chambers Russell was appointed in the place of the elder Auchmuty as judge of the Admiralty for Massachusetts, New Hampshire and Rhode Island in 1747. He held the office until his death in 1767, and Robert Auchmuty, the younger, was appointed by the governor to fill his place. This was in April, but on the sixth of July he was duly commissioned as Judge of the Admiralty for all New England with a salary of £300 a year. His commission was received in March, 1760, when his salary was increased to £600 per annum. Judge Auchmuty continued to hold this office as long as the authority of the British was recognized, as he was a zealous Loyalist.
Robert Auchmuty was one of the commissioners with Governor Wanton of Rhode Island, Samuel Horsemanden, Chief Justice of New York, Frederic Smythe, Chief Justice of New Jersey, and Peter Oliver, Chief Justice of Massachusetts, to inquire into the destruction of the Gaspee, in 1772.[199]He was a colleague of Adams and Quincy in defence of the British soldiers tried for participation in the "Boston Massacre."[200]He appeared once after his appointment in defence of Captain Preston and his soldiers, and his argument was described as so memorable and persuasive, "as almost to bear down the tide of prejudice against him, though it never swelled to a higher flood."
The Auchmuty house in Roxbury stands at the corner of Cliff and Washington Streets. It was build about 1761 by the younger Judge Auchmuty, who resided there until the outbreak of the revolution. Here as a convenient halting place between the Province House and the Governor's country seat at Jamaica Plain, and the Lieutenant Governor residence at Milton, met the crown officers to make plans to stem the rising tide of disloyalty and lawlessness of the mobs, and their secret leaders. Here Bernard Hutchinson Auchmuty, Hallowell, and Paxton discussed the proposed alterations in the charter, and the bringing over of British troops to preserve the peace. Letters of Judge Auchmuty to persons in England were sent to America with those of Governor Hutchinson by Franklin in 1773 and created much commotion.[201]
At the Declaration of Independence in 1776 he left his native country and settled in England. At one period he was in very distressed circumstances. He never returned to the United States and his estate was confiscated. His mansion in Roxbury became the property of Governor Increase Sunmer and was occupied by him at the time of his decease. Auchmuty Lane was that part of Essex Street between Short and South Street in Boston. Robert Auchmuty died in London an exile from his native land in November, 1778.
BRITISH TROOPS PREVENTING THE DESTRUCTION OF NEW YORKBRITISH TROOPS PREVENTING THE DESTRUCTION OF NEW YORK.On its evacuation by Washington; it was set on fire, it was saved by the summary execution of all incendaries by the British.
Honorable James Auchmuty, son of the elder Robert, was a storekeeper in the Engineer Department. At the peace he removed to Nova Scotia where he became an eminent lawyer, and was appointed judge. Hehad a son, a very gallant officer in the British Army, who was killed in the West Indies.
Reverend Samuel Auchmuty, another son of the elder Judge Auchmuty who settled in New York, was born in Boston in 1725. He graduated from Harvard college in 1742 and was taken by his father to England, where he was ordained a minister in the Episcopal church. The degree of D. D. was conferred on him by Oxford. He was appointed by the Society for the Propagation of the gospel, an assistant minister of Trinity church in New York. He married in 1749 a daughter of Richard Nichols, governor of that province. In 1764 at the death of the Rector of Trinity church he was appointed to succeed him and took charge of all the churches in the city, performing his arduous duties with faithfulness until the revolution. In 1766 he received the degree of S. T. D. at Oxford. Dr. Auchmuty opposed the revolution and when the Americans took possession of New York City in 1777, it is said a message was sent him from Lord Sterling by one of his sons, "that if he read a prayer for the King the following Sunday, he would send a band of soldiers and take him out of the desk." His son, knowing his father's indomitable spirit did not deliver the message, but with some of his classmates from Columbia college attended the church with arms concealed under their gowns and sat near the pulpit for his protection. His conscience would not allow him to omit these prayers without violating his ordination vows. As soon as he commenced reading, Lord Sterling marched into the church with a band of soldiers and music playing Yankee Doodle. The Doctor's voice never faltered and he finished his prayer and the soldiers marched up one aisle and down another, and went out again without violence. After the service Dr. Auchmuty sent for the keys of Trinity and its chapels, and ordered that they should not be opened again until the liturgy could be performed without interruption, and took them to New Jersey. When the British took possession of New York he resolved at once to return to his loved flock and applied for leave to pass the American lines. This was denied him. With the unfailing energy which marked his character he determined to return on foot through circuitous paths to avoid the American lines. After undergoing great hardships, sleeping in the woods and great exposure, he reached the city. On its evacuation by Washington's Army it had been set on fire, and it was only by using the most drastic means,—the summary execution of all incendaries by the British—that the city was saved from total destruction. Nearly one thousand buildings were burned in the western part of the city and among them Trinity church, the Rector's home, and the Charity School. Through the exertions of the British troops, St. Paul's and King's College barely escaped. The Vestry of Trinity reported their loss at £22,000, besides the annual rent of 246 lots of ground on which the buildings had been destroyed. After the fire, Dr. Auchmuty searched the ruins of his church and of his large and elegant mansion; all of his papers and records had been destroyed; he found no articles of value exceptthe church plate and his own. His personal loss he estimated at upwards of $12,000.
The Sunday following Dr. Auchmuty preached in St. Paul's church for the last time. The hardships which he had undergone terminated in an illness which resulted in his death after a few days. This venerable and constant worker for mankind died March 4, 1777 in his fifty-second year, and was buried under the altar of St Paul's. Interesting notices of his labors and sufferings and death may be found in Hawkins' "Historical Notices of the Missions of the Church of England, in the North American Colonies," London, 1845. By the old inhabitants of the city Dr. Auchmuty was much respected and beloved and was spoken of as Bishop Auchmuty. He had seven children. Jane, one of his daughters, married Richard Tylden of Milstead, of county Kent in England. One of her sons was Sir John Maxwell Tylden, who was in the army for twenty years in which he greatly distinguished himself. Another, William Burton Tylden was a major in the Royal Engineers. Dr. Auchmuty had two other daughters of which there is no account, save that they were married.
Sir Samuel Auchmuty, the eldest son of the Rev. Dr. Auchmuty, was a Lieutenant General in the British Army. At the beginning of the Revolution he was a student at Kings College and was intended by his father for the ministry. His own inclinations were military from his boyhood and soon after he graduated he joined the Royal army under Sir William Howe as an ensign in the 45th regiment and was present at most of the actions in that and the following year. In 1783 he commanded a company in the 75th Regiment, in the East Indies, and was with Lord Cornwallis in the first siege of Seringaptarn. In 1801 he joined the expedition to Egypt, and held the post of adjutant-general. He returned to England in 1803 and three years after was ordered to South America, where as brigadier-general, he assumed the command of the troops; and in 1807 assaulted and reduced—after a most determined resistance—the city and fortress of Montevideo. In 1809 he was transferred to India. Subsequently he succeeded Sir D. Baird as chief of staff in Ireland. He was knighted in 1812, his nephew, Sir John Maxwell Tylden, lieutenant-colonel of the 52 regiment being his proxy. He twice received the thanks of Parliament, and was presented with a service of plate by that body and by the East India Company. His seat was Syndale House, in Kent, near Feversham. He died in Ireland suddenly in 1822 at the age of 64.
Robert Nicholas Auchmuty, another son of the Rev. Dr. Auchmuty, graduated at Kings College, New York and in the revolution served as a volunteer in the British army. His wife was Henrietta, daughter of Henry John Overing and he died at Newport, Rhode Island in 1813. His daughter Maria M., widow of Colonel E. D. Wainwright of the United States Marines, died at Washington, D. C., Jan. 1861, aged 71.
Richard Harrison Auchmuty, brother of the above, was a surgeonin the British Army. Taken prisoner in the storming of Stony Point. With Cornwallis at Yorktown, and died soon after the surrender, while on parole.
"It is regretted that men as distinguished in their day as were the Auchmuty's, father and sons, so few memorials new remain." They were men who adorned their profession and "left a distinct and honorable impression upon their age."
LIST OF CONFISCATED ESTATES BELONGING TO ROBERT AUCHMUTY ET AL. IN SUFFOLK COUNTY, AND TO WHOM SOLD.
To Samuel Clark, Feb. 26, 1780; Lib. 131, fol. 58; Land and dwelling-house in Boston, School St. S.; the town's land W.; John Rowe N; Joseph Green E——Garden land near the above. Cook's Alley W.; Leverett Saltonstall N.; William Powell E. S. and E.; Leverett Saltonstall S. [Description corrected in margin of record.]To Josiah Waters, Jr., April 13, 1782; Lib. 134, fol. 164. Discharge of mortgage Fillebrown et al to Auchmuty dated Feb. 10. 1766.To Increase Sumner, July 31, 1783; Lib. 139, fol. 122; 6 A. 3 qr. 10 r. land and dwelling-house near the meeting-house in Roxbury, the road N.; Jonathan Davis E., S.E; and S.; the lane and Increase Sumner W.
To Samuel Clark, Feb. 26, 1780; Lib. 131, fol. 58; Land and dwelling-house in Boston, School St. S.; the town's land W.; John Rowe N; Joseph Green E——Garden land near the above. Cook's Alley W.; Leverett Saltonstall N.; William Powell E. S. and E.; Leverett Saltonstall S. [Description corrected in margin of record.]
To Josiah Waters, Jr., April 13, 1782; Lib. 134, fol. 164. Discharge of mortgage Fillebrown et al to Auchmuty dated Feb. 10. 1766.
To Increase Sumner, July 31, 1783; Lib. 139, fol. 122; 6 A. 3 qr. 10 r. land and dwelling-house near the meeting-house in Roxbury, the road N.; Jonathan Davis E., S.E; and S.; the lane and Increase Sumner W.
Robert Paddock was one of the Pilgrim Fathers, he was one of the early settlers of Plymouth, and was a smith by trade. He had a son, Zachariah, born in 1636, who was the ancestor of the subject of this sketch. Robert Paddock was probably a relative of Captain Leonard Peddock who was master of one of the ships that came to Plymouth in 1622, it being frequently the case in those times that names were mis-spelled. This is the origin of the name of Peddock's Island at the entrance of Boston Harbor. Branches of this family at the Revolutionary period were to be found in various parts of New England, New Jersey, and South Carolina. Adino Paddock was the son of John and Rebecca (Thatcher) Paddock; was born March 14, 1727, and was baptized in the First Church, Harwich, March 31, 1728.
His father died in 1732 and his mother removed soon after to Boston, where her name appears as a communicant in Brattle Square church "from Church East Yarmouth" December 5, 1736. Adino Paddock was married in Boston, June 22, 1749, to Lydia Snelling, daughter of Robert and Lydia (Dexter). He settled in Boston, where he manufactured chaises and transacted his business near the head of Bumstead Place. He lived opposite the burying ground, on the east side of Long-Acre Street. Adino Paddock was the first coach-maker of the town, and was a man of substance and character. His name is best known in connection with the famous Paddock elms. Mr. James Smith, a prosperous sugar baker, whose house was on Queen Street,—now Court Street,—when in London, was struck by the beauty of the elms in BromptonPark. The story goes that Mr. Smith procured young trees of the same kind, and had them planted in his nursery, on his beautiful farm, Brush Hill, in Milton. The fame of these trees spreading, one of his friends, Mr. Gilbert Deblois, asked for some, saying that he would in return name his newborn son for Mr. Smith. The bargain was struck, and James Smith Deblois, baptized May 16, 1769, bore witness to its fulfilment. Other elms of this stock were also planted, but those received by Mr. Gilbert Deblois became the most celebrated. These were set out in front of the granary, just opposite Mr. Deblois' house in Tremont Street. As Adino Paddock's shop window looked out upon them, Mr. Deblois enjoined Mr. Paddock to have an eye to their safety.
It is related that on one occasion, Paddock offered the reward of a guinea, for the detection of the person who "hacked" one or more of the trees. He guarded the infant elms very carefully and the "Gleaner" tells of his darting across the street upon one occasion and vigorously shaking an idle boy who was making free with one of the sacred saplings. The elms were thought to have been planted in 1762. They grew to magnificent proportions, and withstood the axe for more than a century. They escaped in 1860, but were cut down a few years later. The largest was one that stood near the Tremont House. Its circumference near the sidewalk was nearly seventeen feet. This was the largest of all the trees belonging to the public walks of the city, excepting the great American elm on Boston Common that was destroyed by the tornado of 1869.
Adino Paddock was in 1774 captain of the train of artillery belonging in Boston of which John Erving was colonel. This company was particularly distinguished for its superior discipline and the excellence of its material. The gun house stood at the corner of West and Tremont Streets, separated by a yard from the school house. In this gun house was kept two brass three-pounders, which had been recast from two old guns sent by the town to London for that purpose, and had the arms of the province engraved upon them. They arrived in Boston in 1768, and were first used at the celebration of the King's birthday, June 4th, when a salute was fired in King Street.
When the mobs began to be in evidence Captain Paddock expressed an intention to turn them over to General Gage, for safe keeping, some of the men that composed the company, resolved, that it should not be so, they met in the school-room, and watching their opportunity they crossed the yard, entered the building and, removing the guns from their carriages, carried them to the school room where they were concealed in a box in which fuel was kept. They were finally taken to the American lines, in a boat, and were in actual service during the whole war. The two guns were called the "Hancock" and "Adams," and were in charge of the Ancient and Honorable Artillery Company, until presented in 1825 by the State to the Bunker Hill Monument Association. They are now suspended in the chamber at the top of Bunker Hill Monument, with a suitable inscription on each.
Before Mr. Paddock's departure from Boston he was entitled to the higher military appellation of Colonel. As an active officer, and for a time commander of the Boston train of artillery, he felt himself particularly honored, as he was then in a position of great usefulness, for, in fact his lessons in military matters while in the Train, were productive of much good, as laying the foundation of good soldiership, in the Province, by giving thorough instruction to many who afterwards became distinguished officers in the revolutionary war.
Ardently attached to the interests of the government he was one of the foremost of the loyalist party. He left Boston at the evacuation, March 17, 1776. There were nine in his family. They went to Halifax and in the following June he embarked with his wife and children for England.
In 1778 he was proscribed and banished. From 1781 until his death he resided on the Isle of Jersey and for several years held the office of Inspector of Artillery Stores with rank of Captain. Colonel Paddock received a partial compensation for his losses as a Loyalist, and died March 25, 1804, aged seventy-six years. Lydia, his wife died at the Isle of Jersey, in 1781, aged fifty-one.
Colonel Paddock's house was situated on the south corner of Bromfield and Tremont Streets, formerly Common Street and Ransom Lane. Thomas Bumstead, a coach-maker, purchased the estate when it was confiscated and carried on the coach-making business there. Bumstead Place was laid out in 1807 on the site of the home, and was closed in 1868. Gilbert Deblois occupied the opposite corner, on which was built Horticultural Hall, the trustees of the new office building recently erected there, at the suggestion of Alex S. Porter, named the new building the "Paddock Building" who said "I think that we ought to do all we can to preserve the memory of those good old citizens who by their influence and hard labor did so much in laying the foundation of our beloved city."
Adino Paddock and Lydia Snelling had thirteen children, nine of them died in infancy, and John a student at Harvard College was drowned while bathing in Charles River in 1773.
Adino Paddock, the younger, accompanied his father to Halifax in 1776 and in 1779 followed his father to England, where he entered upon the study of medicine and surgery. Having attended the different hospitals of London and fitted himself for practice, he returned to America before the close of the Revolution, and was surgeon of the King's American Dragoons. In 1784 he married Margaret Ross of Casco Bay, Maine, and settling at St. John, New Brunswick, confined his attention to professional pursuits. In addition to extensive and successful private practice he enjoyed from Government the post of surgeon to the ordinance of New Brunswick. He died at St. Mary's, York County in 1817, aged 58. Margaret his wife died at St. John in 1815 at the age of 50. The fruit of this union was ten children, of whom three sons, Adino, Thomas and John were educated physicians. Adino commenced practice in 1808 at Kingston, New Brunswick. Thomas married Mary, daughter of ArthurMcLellan, Esq., of Portland, Maine, and died at St. John, deeply lamented in 1838, aged 47.
LIST OF CONFISCATED ESTATES BELONGING TO ADINO PADDOCK IN SUFFOLK COUNTY AND TO WHOM SOLD.
To Thomas Bumstead. Aug. 1, 1782, Lib. 135, fol. 139; Land and buildings in Boston, Common St. W.; land of the commonwealth S.; heirs of Gillum Taylor deceased E. and S.; Thomas Cushing E., N. and E.; Rawson's Lane N.
To Thomas Bumstead. Aug. 1, 1782, Lib. 135, fol. 139; Land and buildings in Boston, Common St. W.; land of the commonwealth S.; heirs of Gillum Taylor deceased E. and S.; Thomas Cushing E., N. and E.; Rawson's Lane N.
Edward Lillie by the recorded births of his children appears to have been in Boston as early as 1663. As he was devoted to the Church of England, it may be presumed that he came from that country, and the date of his eldest child's birth makes it likely that he was born before 1640. This branch of the Lillie family probably lived for a while in Newfoundland, and if so, they are likely to have been of the Devonshire or West-of-England stock, which supplied the first settlers for that Province. They became possessed of real estate at St. John's during the latter half of the seventeenth century, described as "a plantation"—a term signifying full proprietorship.
Edward Lillie married about 1661, Elizabeth, whose maiden name is unknown. He was one of the well known citizens of the town of Boston when its estimated population was from five to seven thousand inhabitants. In 1687 he was one of the sixty citizens whose property was rated at £50 or more,—taking rank with such contemporaries as Elisha and Eliakim Hutchinson, Adam Winthrop, Samuel and Anthony Checkley, and Simon Lynde.[202]Edward Lillie carried on a large business as "cooper," at that period one of the most important industries of New England in its connection with commerce.
Prior to 1670 Edward Lillie had land "in his tenure and occupation" at the North End. He purchased July 8, 1670, an estate at what was then the South End of the town,—a dwelling-house and land. This estate was situated on the south-east corner of Washington and Bedford Streets, and it is in part now (1907) the site of R. H. White's dry-goods establishment. In January 1674 he purchased of Captain Thomas Savage land on Conduit (now North) Street and erected thereon in 1684 a brick dwelling-house. The estate was valued in inventory at £1300.
Edward Lillie's will was dated December 24, 1688, and proved January 7, 1688-9. His wife was probably the "Mrs. Lily" whose death, according to town records, took place January 4, 1705. They had six children.
Samuel Lilly, born March 20, 1663, was the eldest child. June 4, 1683, he married at the age of twenty Mehitable Frary, daughter of Captain andDeacon Theophilus Frary, one of the founders of the Old South Church. Her mother was the daughter of Jacob Eliot, and the niece of John Eliot, the "Apostle to the Indians." Mehitable, was born February 4, 1665-6, and as her father had no sons, his estate was divided between the daughters.
Samuel Lillie, like his father, was a "cooper," but early in life became interested in commerce, sending as early as May 23, 1684, merchandise to the island of Nevis. For the next twenty-three years he was widely engaged in commercial transactions, and was uniformly styled "merchant" in formal documents. After his father's death he bought and occupied the latter's premises at the North End, enlarging them by other purchases.
Mrs. Royall, wife of Isaac Royall and mother of the Loyalist was a cousin of Mrs. Samuel Lillie. During his latter years Samuel Lillie was absent from America quite frequently. It is not likely that he was in Boston from 1708 till shortly before his death.[203]Mrs. Lillie died March 4, 1723. They had eleven children, born in Boston and baptised (except one or two) in the Second church, each a few days after birth.
Theophilus Lillie, the fourth child of Samuel and Mehitable Lillie, was baptized August 24, 1690. He married July 8, 1725, Hannah Ruck (Rev. Cotton Mather officiating). Seems to have done much in settling his father's affairs, but was not engaged in active business.
On the 28th of July, 1732, in Town Meeting, he with others, was appointed a committee to receive proposals, touching the demolishing, repairing, or leasing out the old buildings belonging to the town in Dock Square. The committee to give their attendance at Mr. William Coffin's the Bunch of Grapes tavern, on Thursdays weekly, from six to eight o'clock in the evening. In 1736 he appears as one of the subscribers to Prince's Chronological History of Boston, the list containing, according to Drake, the names of persons most interested at that period in literary concerns.
Hannah Ruck, his wife, was born December 4, 1703 and was the daughter of John Ruck, a successful merchant, a citizen active in municipal affairs and holding municipal offices. Her mother was Hannah Hutchinson, daughter of Colonel Elisha Hutchinson, and aunt of Thomas Hutchinson, the last Royal Governor. A close friendship existed between the two families, and their homes were near together at the North End. This friendship was continued in Halifax, after the Loyalist exodus in 1776.
Theophilus Lillie sold the family estate at the corner of Newbury and Pond Streets March 9, 1754. Before this sale he had removed to the Ruck homestead "near the old North Meeting House." Mr. Lillie died late in March, 1760. He left but little property. His eldest son Samuel, died young and John and Theophilus Lillie were his father's sole heirs.
Theophilus Lillie, the youngest son, was born August 18, 1730.He married late in 1757 (intentions of marriage published October 27, 1757) Ann Barker, who had been a shop-keeper, in company with Abiel Page, "near Rev. Mr. Mather's meeting-house." He was educated as a merchant and was in retail trade as early as 1758, as shown by the numerous collection suits brought by him, and his advertisements in the Boston "Gazette" May 22 of that year. His store was on "Middle (Hanover) Street, near Mr. Pemberton's meeting-house." His stock was miscellaneous English Dry Goods and Groceries.
When it was determined to resist the tax on imports, a non-importation agreement was entered into in August, 1768, by the merchants of Boston, many were forced to sign it through fear of offending the mob, the agreement ended in 1769, and some of those who had been forced into it were determined to proceed in their regular business, and would pay no attention to a renewal of it, among these was Theophilus Lillie. They were proscribed and persecuted for several weeks by the rabble collecting to interrupt customers, passing to and from their shops, and houses, by posts erected before their shops with a hand pointed towards them, and by many marks of derision. At length on February 22nd, 1770, a more powerful mob than common, collected before the house of Theophilus Lillie and set up a post on which was a large Wooden Head, with a board faced paper, on which was painted the figures of four of the principal importers. One of the neighbors, Ebenezer Richardson, found fault with the proceedings which provoked the mob to drive him into his home for shelter. Having been a custom house officer, he was peculiarly obnoxious to the mob. They surrounded his house, threw stones and brick-bats through the windows, and, as it appeared upon trial were forcing their way in, when he fired upon them, and killed a boy eleven or twelve years of age. He was soon seized, and another person, George Wilmot with him, who happened to be in the house. They were in danger of being sacrificed to the rage of the mob, being dragged through the streets and a halter having been prepared, but some more temperate than the rest, advised to carry him before a justice of peace, who committed him to prison.
The boy that was killed was Christopher Snider, the son of a poor German. The event was taken advantage of by Sam Adams, and other revolutionary leaders to raise the passion of the people, and thereby strengthen their cause. A grand funeral therefore was judged to be the proper course to pursue. In theEvening Postof 26 Feb. is a very minute account of the affair, which had a very great deal to do with subsequent events. The corpse was set down under 'Liberty Tree' whence the procession began. About 50 school boys preceded, and there was "at least 2000 in the procession, of all ranks, amid a crowd of spectators." The pall was supported by six youths chosen by the parents of the deceased. On the Liberty Tree and upon each side and foot of the coffin were inscriptions well calculated to excite sympathy for the deceased, and at the same time indignation against him, who occasioned his death.
On the 20th of April following the two culprits were tried for their lives. Richardson was brought in guilty of murder, but Wilmot was acquitted. Drake says "In this account of the case of Richardson and Wilmot, it must be borne in mind that it is almost entirely made up from the facts detailed by their enemies. Richardson was no doubt insulted beyond endurance, which caused his rashness, in a moment of intense excitement he fired on the mob. These facts doubtless had their weight with the court, for the Chief Justice Thomas Hutchinson, viewed the guilt of Richardson as everybody would now, a clear case of justifiable homicide, and consequently refused to sign a warrant for his execution, and, after lying in prison two years, was, on application to the King pardoned and set at liberty."[204]
After the affair of the Wooden Figure at Lillie's, there was constant trouble in Boston between the soldiers and roughs of the town, until the 5th of March, when occurred the affray between the Mob and the Soldiers known as the "Boston Massacre."[205]
Mr. Lillie had taken no part in the affair that happened near his store, but popular feeling was influenced by that occurrence against him. Mr. Lillie's full statement of the interference with his business by the illegal committee of citizens, will be found in the "Massachusetts Gazette," January 11, 1770. An extract will show his attitude towards the affair.
"Upon the whole, I cannot help saying—although I have never entered far into the mysteries of government, having applied myself to my shop and my business—that it always seemed strange to me that people who contend so much for civil and religious liberty should be so ready to deprive others of their natural liberty: that men who are guarding against being subject to laws [to] which they never gave their consent in person or by their representative should at the same time make laws, and in the most effectual manner execute them upon me and others, to which laws I am sure I never gave my consent either in person or by my representative. But what is still more hard, they are laws made to punish me after I have committed the offence; for when I sent for my goods, I was told nobody was to be compelled to subscribe; after they came, I was required to store them. This in no degree answered the end of the subscription, which was to distress the manufacturers in England. Now, my storing my goods could never do this; the mischief was done when the goods were bought in England; and it was too late to help it. My storing my goods must be considered, therefore, as punishment for an offence before the law for punishing it was made.
"If one set of private subjects may at any time take upon themselves to punish another set of private subjects just when they please, it's such a sort of government as I never heard of before; and according to my poor notion of government, this is one of the principal things which governmentis designed to prevent; and I own I had rather be a slave under one master (for I know who he is, I may perhaps be able to please him) than a slave to a hundred or more whom I don't know where to find, nor what they will expect of me."
In 1770 Mr. Lillie removed to Oxford in Worcester County,—a removal induced probably by his recent experiences in Boston. His domicile is stated to be in that town in actions brought by him in Suffolk County. On account of his political views his new residence did not prove to be any more congenial than Boston had been.
In 1772 he attached for a debt the house of Dr. Alexander Campbell and the people of Oxford took umbrage, and threatened him with violence. In the same year he sold his place in Oxford, and returned to Boston. He bought in 1774 an estate in Brookfield, but it does not appear that he lived upon it at any time. Until the political troubles Mr. Lillie seems to have been in good circumstances, and to have kept up in his manner of dress the fashions of the period, according to family traditions. He left Boston in March, 1776 with the British troops for Halifax. His family thus embarking numbered four persons—himself and wife, and one of the other two being, doubtless, a negro servant.
Mr. Lillie's death occurred in Halifax two months after leaving Boston, on May 12. His property in Massachusetts was confiscated. Jacob Cooper, of Boston, administered on his estate. Mrs. Lillie continued to live at Halifax, and notwithstanding the confiscation proceedings, she undertook to collect, by suits in Massachusetts in 1784-85, some of the debts due to her husband. The Confiscation Act however, was a bar to any recovery.
Mrs. Lillie survived her husband eighteen years. Her funeral is registered on the records of St. Paul's church, Halifax, as being on September 16, 1794, at the age of seventy-nine. Her will dated December 10, 1791, and August 5, 1794 (appointing Foster Hutchinson, the younger, Executor) was proved September 20, 1794, on the oath of John Masters and Foster Hutchinson, the younger. Certain provisions of the will show a particular interest in a colored servant. The will provides: "It is also my will and intention that my black man Caesar be free, and that the sum of ten pounds be retained and left in the hands of my hereinafter named executor, to be applied to the use of said Caesar in case of sickness, or other necessity, at the discretion of said executor." She also bequeathed to him "a suit of mourning cloths suitable for a man in his situation in life"; and in a later codicil, "the feather-bed and bedstead whereupon he usually sleeps, and also the bedclothes and bedding belonging thereto." Mr. Lillie's confiscated personal effects indicate that he lived in a liberal style. At the time of his death. Governor Hutchinson, then in England, wrote in his Diary, July 24, 1776:
When I came home I heard of Mr. Lillie's death at Halifax. What numbers have been brought to poverty, sickness, and death by refusing to concur with the present measures of America!
Theophilus Lillie died childless. Search was made in July, 1895, by Edward Lillie Pierce and his son George, in the old graveyard at Halifax, but no stone for him or his wife was discovered, although her funeral had been duly recorded in the church register. The stones of Foster Hutchinson and his family were well preserved; and the Lillie stone if ever set up, would be likely to be found near them.
Mr. Lillie's personal property in Massachusetts was disposed of and his three pieces of real estate were sold at public auction. His debts were small and the whole amount turned into the treasury, £595, valued at £446 in sterling money. The public gain was considerable.
John Lillie, the only surviving brother of Theophilus was born August 8, 1728. He is described as a "mariner" in public documents, but no details of his career on the sea have been transmitted. He married in Trinity church, August 16, 1754 Abigail Breck (born June 19, 1732.) She was the daughter of John and Margaret Breck. John Lillie died April, 1765, and his will was proved on the 19th. He left six children. John Lillie, his son, became a Major in the Continental Army and served in many engagements with great bravery during the war. General Washington certified that Major Lillie "conducted himself on all occasions with dignity, bravery, and intelligence." He was married to Elizabeth Vose, January 20, 1785, and was survived by several children.
Mehitable and Ann Lillie, two of John Lillie's daughters (the mariner) have always with their descendants been well known.
LIST OF CONFISCATED ESTATES BELONGING TO THEOPHILUS LILLIE IN SUFFOLK COUNTY AND TO WHOM SOLD.
To John Greenough, May 26, 1781; Lib. 132, fol. 216. Land and buildings in Boston. Middle St. E.; Samuel Ridgeway S.; Thomas Greenough W. Thomas Greenough and Edward Foster, an absentee, N.To Samuel Howard. Aug. 3, 1781: Lib. 133, fol. 5. One undivided third of land and large brick dwelling-house in Boston, Sun Court St. N.; Joseph Hemmingway and others E.; John Leach and others S.; Market Square W.
To John Greenough, May 26, 1781; Lib. 132, fol. 216. Land and buildings in Boston. Middle St. E.; Samuel Ridgeway S.; Thomas Greenough W. Thomas Greenough and Edward Foster, an absentee, N.
To Samuel Howard. Aug. 3, 1781: Lib. 133, fol. 5. One undivided third of land and large brick dwelling-house in Boston, Sun Court St. N.; Joseph Hemmingway and others E.; John Leach and others S.; Market Square W.