render inventories and accounts, and to impose penalties for disobedience and neglect; and the next February this law was amended and reaffirmed. The simple practice of the earliest courts had been, arbitrarily, to treat all real estate as mere chattels, and it was administered accordingly, without regard to the title of the heir. This error had been partially corrected, and petitions were presented to the General Court, in some instances, for leave to sell.* When the new Court of Probate was instituted the practice at once assumed the aspect of improvement. All that was valuable in the former practice was retained, and much that was improper was abandoned. Bonds, which in colonial times had run to the County Treasurer, were now made to the Judge of Probate; and, though many things remained imperfect and requiring correction, the court, in its leading features, started in substantially the same track that it is now pursuing, after a lapse of nearly one hundred and seventy years.† Although no seal was formally adopted by either of the probate judges at first, yet, in Essex County, a small seal, once used in the old colonial courts, and now adopted by the County Commissioners, was affixed, in a few instances, to letters, warrants, and some other papers, issuing from the court, till the year 1728, when a seal, represented in the following cut, was used by Juge Appleton, but abandoned not many years after. The date of the order in council establishing this court is June 18, 1692; when Bartholomew *Col. Rec., Vol. 5, p. 479, and elsewhere. † See Prob. Files and Rec. Essex. PROBATE SEAL, TESTAT: [See note, below.] ESSEX CO., 1728. Gedney was appointed Judge, and Stephen Sewall Register. JUNE 18, 1692, TO JUNE 3, 1698. BARTHOLOMEW GEDNEY, 1ST. JUDGE. Mr. Gedney, one of the most distinguished in the list of those who have held this office, was baptized June 14, 1640, and was the son of John Gedney, (and Catherine, his wife,) a merchant and dealer in wines, who came hither from Yarmouth, England, in 1637, and was admitted a freeman the next year.* Bartholomew married Hannah Clark, De [The above cut was hastily prepared, with the assistance of the printers, and represents the old seal, so far as it can be restored, with tolerable accuracy. It was no small job to make out the character of this seal, and especially the legend, from the faded and imperfect fragments of the early impressions now on file. After examining many files, and by dint of some guesswork the whole seal has, I believe, been restored in this engraving. My apology for inserting the above must be the fact, that (the original die having been missing from the time that "man's memory runneth not to the contrary," and as I have not found a person among the many intelligent gentlemen in this county familiar with the history of the court who was aware of the fact that such a seal was ever used,) I deemed it a matter worthy of being recorded, though in a form which, if time would allow, might be somewhat improved. See some of the files in Essex Probate Office. The form of this seal is an ellipse, with its transverse axis, perpendicular, of an inch in length. In the centre is a figure, evidently a cypher for ESSEX; The present seal is a "lion rampant" in a circle, over the cypher is a nondescript bird-and beneath surrounded with the words "COUNTY OF ESSEX"-apis a figure, representing either a dagger or fleur-de-parently taken from the old seal. The modern lion lis, with two minute ornamental rosettes above, and is not so shabby an animal as his predecessor.] two below the cypher. *Savage, and Derby's Mss. cember 22d., 1662, and by her had four sons and five daughters. He was by profession a physician, and practised as early as 1662.* He also appears to have been at sea some time before he was appointed judge. He was made a freeman May 19, 1669, and appears soon after in the militia; his first appointment being that of ensign in Capt. John Corwin's Company, October 17, 1676. Two years afterwards he was made lieutenant in the same company; and on the 10th of October, 1683, on the death of Capt. Corwin, he was promoted to the vacancy. In 1689 he declined a re-appointment,and Stephen Sewall was chosen in his stead. He afterwards rose to be Colonel or "Commander-in-Chief" of the Essex Regiment.‡ May 8, 1678, he was chosen deputy to the General Court, and November of the next year chosen one of the Commissioners for Salem. was reinstated in this office-being specially named in the royal commission—and again in Sir Edmund Andros' commission the December following. He served actively throughout the government of Andros, and exercised judicial powers in Essex County during that periodbut was one of the number who addressed a letter to the Governor upon the rising of the people, requesting his Excellency to deliver up the defences to them and to submit himself as a prisoner. He, and others, then constituted themselves a committee of safety, and, with commendable self-denial, convened the assistants and deputies chosen in 1686, and surrendered the government into their hands, with the former Governor, Simon Bradstreet, at the head.* He was not again called to the board of assistants till after the arrival of the Province Charter, when his name was found in that instrument as one of the first council.† In June, 1680, he was appointed by the General Court one of a committee to manage After the revolution of 1689 he was appointthe affairs of the new plantation at Casco Bay, ed by the Governor and Council one of a comformed the May previous, and called "Swegus-mittee to draw up a report of the illegal acts tagoe." Here, six years before, v.ith Henry Sayward of York, he had made a large purchase and contracted for the erection of a sawmill. of Andros' administration. This resulted in the well known pamphlet, "New England's Revolution Justified."§ *For these facts see Council Records and Hutch See the charter in An. Charters. + Col Rec. He was chosen assistant or councillor, May 19, 1680, and held that office the three follow inson's History and Collections. ing years; when, having advised a compliance with the requirements of the crown officers in regard to the charter, much against the wishes of the clergy and the people, he was omitted from the list of assistants the next year.|| When President Dudley arrived, in 1686, he Browne, Esquires, with such others as are members Felt. + See in Calef's "More Wonders of the Invisible World," trial of Capt. John Alden, senior, and Hist Coll. Essex Inst., Vol. 2, No. 3, p. 142, note by G. F. Chever, Esq. § Pub. in Force's Coll. "Tracts and other Papers," &c., Washington, 1838, Vol. 4th. The order in Coun. cil is dated January 1, 1690, and reads thus:—“Ordered that Wm. Stoughton, Bart. Gedney and Wm. of Sir Edmund Andros's Gov't as they shall see fit to advise with, are hereby desired to draw up such information as they can give referring to the transactions of said gov't that were oppressive and injurious to the people, as well touching the manner of passing acts in said council as the execution of them and any other matters relating to the exercise of said For these facts and many more see Col. Rec., government which were grievous and illegal and to Vol. 5th. § Felt's Annals. || Ibid and Col. Rec. transmitt the same speedily to the Council. The gentlemen above named are requested to perfect what is above desired of them some time the next week." In 1681 he was of the committee to examine the books of William Bowditch, the officer of customs, then lately deceased. In June, 1692, he was one of the committee appointed to revise the laws. On November 7, 1683, he was one of the parties summoned in the writ of quo warranto against the Colony, and he was otherwise conspicuous on committees and in the government of the Colony. As a military officer he was called upon to act in matters of great importance. Thus, January 10, 1690, he was one of a committee of seven to plan the successful expedition against Port Royal in Nova Scotia; and the 18th of March following, he was appointed Commander-in-chief of this expedition, which he seems to have declined in favor of Sir William Phips.* In February, 1691, he was of the committee on plunder a large amount having been obtained at the sacking of Port Royal. April 14, 1692, he was appointed to go to Wells, in Maine, with thirty troopers, to make peace with the Indians and lengthen out the truce.† In 1695 he was again appointed one of the commissioners for the war; and, August 16, 1696, he marched at the head of 460 men of his regiment, for Kittery. A letter from the fort at Saco, dated the 13th of the same month, shows with what high expectation the inhabitants there regarded his coming.§ In October following, he writes back that Capt. Chubb had broken the faith of the Province with the Indians. *I have not met with a satisfactory explanation of the record of these appointments. Gedney was first chosen to command this expedition; the next day Phips was appointed to the same position; and afterwards Lieut. Pike was appointed Commanderin-chief. It may be that Phips commanded the naval expedition, while Pike led the land forces-Gedney having declined the command of the latter. † See Col. Rec. Felt's An. His judicial offices were not less important. He was the first Chief Justice of the Court of Common Pleas for this County, appointed thereto in 1692. The same year he was commissioned one of the judges of that unfortunate Court of Special Oyer and Terminer before which the unhappy victims of the witchcraft delusion were tried and convicted. He sat in these trials-and it is painful to record that he was not exempt from the influences of that mania.T The date of his appointment as Judge of Probate is June 18, 1692. This office, as well as his seat in the Common Pleas, he held till his death--which occurred, according to most authorities, February 28, 1698, though the inscription on his tombstone in the Charter street burying-ground puts it February 1, 1697.* See various accounts of witch trials, especially Calef, (as above). Mr. Chever, *February 1697, old style, would of course come 1698 new style, though I cannot, satisfactorily, account for the discrepancy in the day of the month. Felt, Washburn and Derby all record it February 28-probably following the Salem town records. Judge Sewall, in his published diary, makes it March 1, 1698-9! The first three may be correct, and the error may have arisen from misinterpeting the inscription on his tombstone; which, being cut in a freestone slab, lying horizontally, with the face exposed to the weather, has become nearly effaced. It is, probably, for this reason that Mr. Derby has overlooked it in his record of inscriptions in the Charter street burying-ground. The substructure of his monument is of grarite or brick masonry, and it stands directly in front of the Charter street entrance. At the close of a long summer afternoon, spent, despairingly, in search of some memorial of the distinguished magistrate, I came upon this apparently smooth tablet; § New England Hist. and Genea. Reg., Vol. 3, p. but, noticing the empty excavation in which the 163. Felt's An. VOL. II. 29A family escutcheon was originally placed, I looked further for the name of the occupant, and succeeded We have already seen that Mr. Gedney sometimes acted as clerk or register in addition to his other duties.* I am not sure of the precise spot of his residence, but many things indicate that it was not far from the present Gedney Court. Probably the old house, formerly in that court, torn down several years since, and known as the French House”—from its having been for some time the abode of the fugitive Acadians— was the dwelling house of the judge. Like most of the Salem magistrates, Mr. Gedney was a member of the First Church, in Salem. The facts of his life, so far as they have been preserved, exhibit the character of a brave and pious man; an able and patriotic public officer, who was at once conciliating, self-sacrificing and laborious; a magistrate, conscientious and diligent, though sometimes misguided; a military commander of comprehensive views, skilful and courageous; and a citizen, useful, enterprising and universally respected. Truly, little more can be said in praise of any man, and yet, after due consideration, I think nothing less can, with justice, be said of him. (To be Continued.) in tracing with penknife and pencil (Old Mortality like) the name, the date of the death, and the age of the deceased-his 57th year, so the inscription reads. As I surveyed the worn and battered sand-stone, moss-grown and covered with bits of broken crockery, placed there by the children of the neighborhoodwho often spend a summer half-holiday in that quiet place and considered that this monument and a few scattered records besides, scarcely served to transmit the name of one who, a few generations ago. stood pre-eminent among the illustrious of his countrymen, I could not repress a reflection on the fleeting nature of the fame acquired by the early great men of our country. Anywhere in Europe, with ordinary advantages, such a man as Gedney would undoubtedly have achieved the highest distinction and left an imperishable name. Ante, B. Gerrish, biog. NEW ENGLAND GENEALOGY. BY C. M. ENDICOTT. Whoever writes a work upon this subject should possess the confidence of the public, not only for his extensive research, but for his candor and unprejudiced mind. Sir Walter Scott lost caste, as an impartial writer, when he undertook the history of NAPOLEON 1ST, and brought to bear upon it all his Scotch and English prejudices. With the lapse of time with the first settlement of Massachusetts or every circumstance, however trivial, connected its rulers, receives increasing importance; those at all interested in the character and official honors of John Endicott have little reason to be flattered at the new attempt to degrade him and his office, by the author of a work entitled Genealogy of New England," just issued from the press. To the general reader it is a matter of no interest who was, or was not, the first Governor of Massachusetts; and the discussion of such a question involving the integrity of history, if it be a question at all, to say the least, is in such a work out of place, and in bad taste, as it is calculated to provoke criticism and controversy. The ingenuity and sedulous industry with which this author labors to make the worse appear the better side is worthy a better cause. The establishment of "an absolute" Government in New England with John Endicott for Governor, surrounded with thirteen counsellors, before the arrival of Winthrop, and even before he was connected with the settlement in England, constitutes him no governor in his opinion, and he moves among the Company's Records, demolishing what he pleases which lies in the way of his argument, and labors to show that there was no colony, nor government, prior to 1630, the arrival of Winthrop. It must be known to this author that there are many antiquarians among us, of equal research and knowledge of events, but perhaps less skilled as special pleaders, who have arrived at a different conclusion from him as to the first governorship of New England. This author misstates some facts, suppresses others, forestalls many, and jumps at conclusions. He says, "After his (that is, Mr. E.'s) coming he was made head, or Superintendent, or Governor, of the first settlement at Salem." stance has opened a wide field for speculation, and is the foundation of all the controversy ever had on the subject; and we conceive it to be unjust and illiberal to take advantage of this circumstance to assert that "no organization was ever consummated," because in the absence of those records it cannot be proved except collaterally. These are the author's own words and conclusions. Who would believe, after so much difficulty in finding a phrase whereby to desig- Again, to degrade Endicott's position and nate his office and station, that there is a rec- office, he calls his authority "a power of attorord to this effect-"We have, with full consent ney," when he knows the company expressly and authority of this Court, chosen and elected designated what that office should be called, the said Capt. John Endicott to the place of viz., "Governor of our plantation" or "of this present governor of our plantation; not of any fellowship." It was the same "power of atpart of it, as Salem; but "of our plantation." torney" under which Winthrop and all his And again, in the Company's first general letter immediate successors acted, that is, a power of instructions to Endicott and his Council are derived from the company. In the absence of the following words: "We have, in prosecution these records, he ignores all collateral evidence of that good opinion we have always had of you, of the organization of the government, particconfirmed you Governor of our plantation." His ularly Morton's statement, in his scurrilous oath of office also says, "you shall endeavor publication, called the "New English Canaan,” faithfully and carefully to carry yourself in that he, “at a general appearance, (that is, a the place of Governor so long as you shall con- general court,) at the worshipful town of Satinue in it." And once more in the same oathlem, there in open assembly was tendered cerof office are these words :-"All these premises | tain articles devised between him (Mr. Endiyou shall keep to the uttermost of your power cott) and their new pastor, Master Eager, and skill so long as you continue in the place (probably Rev. Mr. Skelton); to these articles of Governor of this fellowship." So much for every planter, old and new, must subscribe, or the propriety of the application of a phrase. be expelled from any abode within the compass of the land contained within the grant then showed. The tenor of these articles was as follows:--That in all causes, ecclesiastical as well as political, we should follow the rule of God's word; and all the assembly (mine host only replied) did subscribe." This assembly was in accordance to the following instructions : "Let the laws be first published to forbid these disorders and all others you fear may grow up; whereby they may not pretend ignorance of the one, nor the privilege to offend; and then fear not to put good laws made upon good No student in New England history needs to be informed, that in the beginning, under the first organization of the Colony, Matthew Cra- | dock was the first Governor of the Company in England, and that John Endicott under the same organization was the first Governor of our plantation. This author likewise asserts, "it was never consummated (that is, the organization of an absolute government in the colony) by needful authority, or at least, cannot be proved. Why can it not be proved? For the plain and simple reason, which the author must have known, but which he sup-ground and warrant in due execution.” presses, that the records of the doings of the government under Mr. Endicott's administration, together with the records of the first church in Salem, and of the town of Salem itself, during that period, are lost. This circum The author also ignores Edw. Howes's letter to John Winthrop, Jr., of the 25th March, 1633, in which he says, "there was presented to the Lords lately 22 of Indicutt's lawes." This would again indicate that an absolute |