From the scanty materials which have been here brought together, will be sufficient to convince the reader that it was no personal consideration, no expectation of honors and rewards, or desire of rank and distinction, but simply from a deep conviction of duty, a clear sense of loyalty to the British crown, that he gave up everything that was dear to him, his "pleasant and spacious dwelling" house, with its "fine old garden for morning exercise," his cherished library, his "much property," his well-earned reputation as a merchant, a magistrate and a citizen, his relatives, friends, and native country, and become a refugee and a wanderer on the face of the earth, "without a place that he could command to lay his head," and those that bore his name, were more proud of it than if he left rank and honor and large possessions to his representatives. There were very few of those who embraced the cause of the Mother Country, in those trying times, that were led by more honorable, or disinterested motives, or are more deserving of remembrance than Benjamin Marston of Marblehead.
HON. BENJAMIN LYNDE CHIEF JUSTICE OF MASSACHUSETTS.
It appears from the registry in the Church of St. John, the parish church of Hackney, near London, that Enoch Lynde was married on the 25th of October, 1614, to Elizabeth Digbie, a descendant of Sir John Digby. Enoch Lynde resided in London, was a merchant engaged in foreign trade, and was for some years connected with the postal service between England and Holland. He died the 23rd of April, 1636, aged fifty years.
Simon Lynde, the third son of Enoch Lynde, was born in London in 1624. He engaged in mercantile pursuits, and went to Holland. In 1650 he came to New England, and in the following year married Hannah, a daughter of Mr. John Newgate. During the thirty years of his life in the colony, he was a person of prominence, and acquired large landed possessions, in Massachusetts, Connecticut and Rhode Island. In 1687 he was appointed one of the Justices of the Superior Court. He died 22nd Nov. 1687, possessed of a large estate, and many children, who survived him.
Benjamin Lynde, the sixth son of Simon, was born 22nd September, 1666. He records of himself that he was admitted to Harvard College on the 6th of September, 1682, by the Rev. Increase Mather, after having received his preparatory education under the famous grammar Master, Ezekiel Cheever, and received his first Degree in 1686. His father desired that he should complete his education in England. On 27th June, 1692, he sailed for England, and was admitted he says "for the study of Law, into the honorable Society of the Middle Temple, Oct. 18, 1692." "I was called to the Bar as Counsellor at Law in 1697, and received a commission under the great Seal, for King's Advocate, in the New Court of Admiralty, in New England, in the same year." He returned to America Dec. 24, 1697. On the 27 of April, 1699, he married Mary, daughter of Hon. William Browne of Salem. In 1712 he was appointed a Judge of the Superior Court, and in the following year a Councillor. On the resignation of Judge Sewall in 1728, he was made Chief Justice of the Province, which office he held at the time of his death, Jan. 28, 1745, in the 79th year of his age. The Boston Evening Post said of him, "Inflexible justice, unspotted integrity, affability, and humanity were ever conspicuous in him. He was a sincere friend, most affectionate in his relations, and the delight of all that were honored with his friendship and acquaintance." He left two sons, the younger, William, died unmarried, in 1752. His eldest son,
Benjamin Lynde, Jr. was born on the 5th of October, 1700. He graduated from Harvard College in 1718, and in 1721 he took his master's degree at Cambridge. He soon after received the appointment of Naval Officer for Salem. In 1734 he was appointed a special judge of the Court of Common Pleas, for Suffolk. In 1737 he was one of the agents in the settlement of the boundary line between New Hampshire and Massachusetts. Two years later he was made one of the Standing Judges of Common Pleas for Essex, and in 1745, the year of his father's death, he was raised to the Superior Bench of the Province. He was a member of the Council for many years, but declined a re-election in 1760, in consequence of the controversy that arose in that year between the House and Government as to the right of Judges to sit as Councillors. On the promotion of Chief Justice Hutchinson to the executive chair, in 1771, Judge Lynde was appointed to the place now vacant, and became Chief Justice of the Province. He resigned not many months after, pending the controversy respecting the payment of judges' salaries by the town. He had now reached the age of 72, and "not being inclined to ride the Circuit longer" he accepted the more humble and less laborious position of Judge of Probate for Essex, which office he held until the breaking out of the Revolution, not many years before his death, which was occasioned by the kick from a horse, from the effects of which he did not recover, and he died Oct. 5th, 1781, aged 81 years. It was a remarkable coincidence that both father and son should have been Chief Justices of the Supreme Court, and occupied a seat on that bench, between them for nearly sixty years. The most important trial that took place during his judicial term was that of the so-called "Boston Massacre," where the soldiers fired on the mob in King street. At this trial Judge Lynde presided. It was a time of great political excitement, and the occasion was one that required the utmost firmness, and skill on the part of the judge, to ensure a just and impartial decision. These trials lasted several days, and, as has been said, "proceeded with care and patience, on the part of the Bench, and counsel, and both judges and jury seemed to have acted with all the impartiality that is exhibited in the most enlightened tribunals." "The result," says Judge Washburn, "is a proud memorial of the purity of the administration of justice in Massachusetts." Judge Lynde was noted for his learning, his liberality, and his public spirit. He was a diligent student of our Colonial history, and his diary, published by one of his descendants, Dr. F. E. Oliver, recalls names and events, that belong to the earlier years of the province, and records the daily life of persons holding official positions during a period with which many are not now familiar. He left three daughters, of whom Mary, the eldest, married Hon. Andrew Oliver, Jr., one of the Judges of the Court of Common Pleas for Essex; Hannah, who died unmarried and Lydia who married Rev. William Walter, the rector of Trinity Church of Boston.[269] Both of his sons-in-law being staunch loyalists.
PAGAN FAMILY.
Robert Pagan was a native of Glasgow, Scotland, was born in 1750 and came to Falmouth in 1769. From that time to the commencement of the war he carried on a large lumber business and ship building. The ships which were built were not generally employed in our trade, but with their cargoes sent to Europe and sold. Robert Pagan & Co. kept on the corner of King and Fore Streets, the largest stock of goods which was employed here before the war. He was a man of popular manners, and much beloved by the people. He early became involved in the controversies of the times, and abandoned his business and country soon after the burning of Falmouth by Mowatt. In his testimony before the Claim Commission he testified[270] "That he uniformly declared his sentiments in favor of Great Britain. Never submitted to join the rebels or to take no part with them." He early applied for leave to quit Casco Bay with the property belonging to himself and copartnery. This was refused him. In the month of February, 1776, he privately embarked his family on board a Brig he had in the harbor of Falmouth and sailed for Barbados. From that he went home. He afterwards carried on trade at New York and Penobscot, at the latter place he remained until the end of the war, when he removed to St. Andrews. Mr. Pagan was proscribed and banished. He settled at St. Andrews, N. B., in 1784, and became one of the principal men of Charlotte County. After serving the Crown as agent for lands in New Brunswick, and in superintending affairs connected with grants to Loyalists, he was in commission as a magistrate, as a Judge of a Court, and as Colonel in the militia, and, being a favorite among the freeholders of the county, was elected to the House of Assembly, and for several years was a leading member of that body. Judge Pagan died at St. Andrews, November 23, 1821 and Miriam, his widow, (a daughter of Jeremiah Pote), deceased at the same place January, 1828, aged 81. They were childless.