About this time, the Project was conceived, I suppose by the Chief
Justice Mr. Hutchinson, of cloathing the
judges and Lawyers with Robes. Mr. Quincy and I were directed
to prepare our Gowns and Bands and Tye Wiggs, and were admitted Barristers having practiced three
Years at the Inferiour Courts, according to one of
our new Rules.
On the 25 of May in this Year
1761
,
my venerable Father
died in his 71st Year, beloved, esteemed and revered by all who knew him.
Nothing that I can say or do,
will can sufficiently
express my Gratitude for his parental Kindness to me, or the
great
exalted Opinion I have of his Wisdom and Virtue. It was a
melancholly House.
My
Father and
Mother were seized at
the same time with the violent Fever, a kind of Influenza, or an
Epidemick was which carried off
Seventeen Aged People in our
Neighbourhood.
My Mother remained ill in bed at
my Fathers Funeral, but being younger than
my Father and possessed of a stronger constitution, she happily recovered and
lived to my inexpressible Comfort, till the Year 1797, when she died at almost
ninety Years of Age. . . .
My Father by his
Will left me, what he estimated one third of his Real State, which third
consisted in a House and Barn such as they were and forty Acres of Land. He
also left me one third of his personal Estate. My house humble as it was, with
a few repairs and a very trifling Addition served for a comfortable habitation
for me and my family, when We lived out of
Boston, till our return from
Europe in 1788. The Uncertainty of Life as well as of Property,
which then appeared to me, in the prospect of futurity, suppressed all thought
of a more commodious Establishment. If I should fall
which was very
probable in a Contest which appeared to me inevitable, I thought it would
be an Addition to the Misery of my Wife and Children to be turned out of a
more
envyable Situation. I continued to live with
my Mother and my Brothers, for the first Year,
when my youngest Brother,
Elihu, removed to the
South Parish in Braintree, now
Randolph, to a Farm which
my
father left him, which he
Page 2
cultivated to Advantage, and
is now possessed by his oldest Son. I continued with
my
Mother and my oldest Brother
Peter
Boylston, till my Marriage in 1764 with
Miss Abigail
Smith, Second Daughter of the
Reverend Mr. William
Smith of
Weymouth and Grand Daughter of Colonel John
Quincy of
Mount Wollaston. Sometime after this
my
Brother married
Miss Crosby a
Daughter of
Major Joseph Crosbey, sold me the House
and Farm which
my father left to him and
went to live in a House of his Wife's. Sometime before this, in pursuance of my
plan of reforming the practice of Sherriffs and Pettyfoggers in the Country I
procured of all the justices in
Braintree, John Quincy, Edmund
Quincy,
andJosiah Quincy and
Joseph Crosbey a recommendation of my Brother to
Stephen Greenleaf Sherriff of the County, and a Certificate of
his Character, upon receiving which Mr. Greenleaff readily
gave him a
recommen Deputation. He was young, loved riding and
discharged his Duties with Skill and Fidelity but his disposition was so
tender, that he often assisted his Debtors, with his own Purse and Credit, and
upon the whole
to say the least was nothing the richer for his
Office.
Sometime in 1761 or two Mr. Samuel Quincy with whom I
sometimes corresponded,
shewed to Mr.
Jonathan Sewall, a Lawyer somewhat advanced before Us at the Bar, some
juvenile Letters of mine of no consequence, which however
Sewall thought discovered a Mind awake to the love of
Litterature and Law and insisted on being
acquainted with me and writing to me. His Acquaintance and Correspondence were
readily embraced by me, and continued for many Years, till political disputes
grew so warm as to
seperate Us, a little before the
War was commenced. His Courtship of Miss Esther Quincy, a
Daughter of Edmund Quincy, brought him to
Braintree commonly on Saturdays where he remained till Monday,
and gave Us frequent Opportunities of Meeting, besides those at Court in
Boston,
Charlestown and
Cambridge. He possessed a lively Wit, a pleasing
humour, a brilliant Imagination, great
Sublety of Reasoning and an insinuating Eloquence. His
Sentiments of public Affairs were for several Years conformable to mine, and he
once proposed to me, to write in concert in the public Prints to stir up the
People to militia Duty and military Ardor and was fully of my
Page 3
Opinion that the British Ministry and Parliament would force Us to an
Appeal to Arms: but he was poor, and Mr. Trowbridge and
Governor Hutchinson contrived to excite him to a
quarrell with Mr. Otis, because in
the General Court,
Col. Otis and
his Son had not very warmly supported a Petition for a Grant to discharge the
Debt of his Uncle the late Chief justice who died insolvent. To this Artifice
they added another which wholly converted him, by giving him the office of
Solicitor General. I know not that I have ever delighted more in the friendship
of any Man, or more deeply regretted an
irreconcileable difference in judgment in public
Opinions. He had Virtues to be esteemed, qualities to be loved and Talents to
be admired. But political Principles were to me in that State of the Country,
Sacred. I could not follow him, and he could not follow me.
Now become a Freeholder I attended the Town Meetings, as a Member, as I had
usually attended them before, from a Boy as a Spectator. In March when I had no
suspicion, I heard my name pronounced in a Nomination of Surveyors of Highways.
I was very wroth, because I knew no better, but said Nothing. My Friend
Dr. Savil came to me and told me, that he had nominated me to
prevent me from being nominated as a Constable: for said the Doctor, they make
it a rule to compell every Man to serve
either as Constable or Surveyor, or to pay a fine. I said they might as well
have chosen any Boy in School, for I knew nothing of the Business: but since
they had chosen me, at a venture, I would accept it in the same
manner and find out my Duty as I could. Accordingly I went to
ploughing and ditching and blowing Rocks upon
Penn's Hill, and building an entire new Bridge of Stone below
Dr. Millars and above Mr. Wibirts. The best
Workmen in Town were employed in laying the foundation and placing the Bridge
but the next Spring brought down a flood, that threw my Bridge all into Ruins.
The Materials remained and were afterwards relaid in a more durable manner: and
the blame fell upon the Workmen not upon me, for all agreed that I had executed
my Office with impartiality, Diligence and Spirit.
Page 4
There had been a controversy in Town for many Years, concerning the mode of
repairing the Roads. A Party had long struggled, to obtain a Vote that the
High Ways should be repaired by a Tax, but never
had been able to carry their point. The Roads were very bad, and much
neglected, and I thought a Tax a more equitable Method and more likely to be
effectual, and therefore joined this party in a public Speech, carried a Vote
by a large Majority and was appointed [to] prepare a By Law
to be enacted at the next Meeting. Upon Inquiry I found that
Roxbury and after them
Weymouth had adopted this Course: I procured a Copy of their Law
and prepared a Plan for
Braintree, as nearly as possible conformable to their Model,
reported it to the Town and it was adopted by a great Majority. Under this Law
the Roads have been repaired to this day, and the Effects of it are visible to
every Eye.
In 1763 or 1764 [i.e. 5 March 1765], The Town voted to
sell their Common Lands. This had been a Subject of Contention for many Years.
The South Parish was zealous and the middle Parish much inclined to the Sale,
the North Parish was against it. The Lands In their common
Situation, they appeared to me of very little Utility to the Public
or to Individuals: Under the care of Proprietors when they should become
private Property, they would probably be better managed And more productive. My
Opinion was in favour of the Sale: The Town now
adopted the Measure, appointed by Niles, Mr.
Bass and me, to survey the Lands, divide them into Lots to sell them
by Auction and execute deeds of them in Behalf of the Town. This was no small
Task. We procured our Surveyors and Chainmen and rambled with them over Rocks
and Mountains and through Swamps and thicketts for
three or four Weeks. Having made the Division and prepared the Plans, a day was
appointed for the Vendue. We handled the Mallett
ourselves as Vendue Masters and finished all the Sales in one Night: the Deeds
were made out, the Bonds for the Money executed and the whole reported to the
Town at the next Meeting. Of the original Purchasers I bought two
Woodlotts in one of which is
Hemlock Swamp