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 the Evening Post of 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 government is 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.