Page:The Green Bag (1889–1914), Volume 19.pdf/698

 COTTON MATHER IN THE PROBATE COURT

COTTON

MATHER

IN

THE

PROBATE

659

COURT

By Eugene Tappan SOME trouble came to good Cotton Mather in his lifetime, and to his estate after his death, in consequence of his accepting the administration of the estate of Nathan Howell, a Boston merchant. This was in 17 16. In a letter to Judge Samuel Sewall, widow Katherine Howell writes that she has "prevailed with my honoured Father-in-Law, Dr. Mather, to accept the administration. " The bond was in the sum of £8000, and the sureties were Timothy Thornton, shipwright, and Giles Fifield, mariner. The Howell estate was a difficult one to adjust. The inventory amounted to £7609, 95. 5c?., but this was by no means cash or quick assets. Fully four-fifths were "sundry debts" and "ship bills" owing to the deceased merchant, while more than £4000 were due from the estate. The reverend doctor was chargeable with the full inventory, and was expected to make as much of it as possible good. Wisely enough he employed some managers or attorneys to collect the debts, and they rendered their accounts to the court charging for their services £735. The accounts, after being audited, came before Judge Sewall, October 17, 1720, who allowed them, according to the report of the auditors, as to all matters except the charges, "considering also," the decree reads, "that the inventory is some what extraordinary being much if not mostly composed of debts due to the estate by mortgage bonds or books, and not of estate received by the said attorneys or any other related to the said estate. But the attorneys' charge of seven hundred thirtyfive pounds for their charges and trouble appears to me both unreasonable and ex cessive, and I deny to determine anything concerning it." A letter on file in the probate papers written by Dr. Mather to the judge a few

weeks later shows the distress of the divine and his anxiety to be rid of the incubus of the estate. "To the HonbU Sam' Sewall, Esq., Judge of iiic Probate: My proceedings in the administration on the estate of Nathan Howell deceased having been laid before your Honour and your Honour being able to release me from the bonds of proceeding any farther under that Unhappiness, and apprized of my Weighty Reasons to desire it, I humbly petition for the Grant of y' Justice & favour to Your honour's Most hum1 Serv', Cotton Mather." Not/ 8, 1720. At the foot of this letter is the following memorandum of the court's decision, "As I denied to determine the Recompense of Dr. Mather's Attorneys; so I am of opinion it is inconvenient for me to judge in Removing the Administration, and therefore deny it. Samuel Sewall, J. probt." Novemb' 8, 1720, p.m. The Massachusetts Historical Collections, vol. 2 of 4th series, page 122, contain a letter supposed to have been dictated by Cotton Mather addressed to Judge Sewall. It opens with a request to burn it after reading, and tells of the sorrows of Dr. Mather on account of the burden of his position as adminis trator. "Old Mrs. Fyfield keeps worrying about yc ruin that her Estate must suffer because of her husband's suretyship. " The letter states that the doctor fears to answer the knock at the door lest an officer is stand ing there to arrest him, and his mind is not in a proper frame to write his next Thursday lecture upon the Jews. The letter was received April 13, 1720. Mr. James Savage, in commenting upon the anonymous com