1Editorial Note (Adams Papers)
The two documents which follow are virtually all that have survived pertinent to Adams’ early law studies, except for accounts in his diary. Document I, a fragment entitled “Ld Cokes Sayings,” cannot be dated with certainty, but the content suggests that it is some kind of epitome made by Adams during his early reading of Coke on Littleton. Document II is Adams’ Commonplace Book, a compendium...
2Adams’ Student Notes: Ca. 1758 (Adams Papers)
Nunquam prospere succedunt Res humanae, ubi negliguntur divinae. Sex horas somno, totidem des Legibus aequis; Quatuor orabis, des Epulisque duas. Quod superest ultro sacris largire Camenis. Co. Lit. sec. 85. The student must know how to work into, with Delight these rough Mines of hidden Treasure. En la Ley. There be diverse Laws within the Realm of England. 1. Lex Coronae. 2. Lex et...
3Adams’ Commonplace Book: Ca. 1759 (Adams Papers)
Assumpsit. Sometimes signifies not only a Promise but an Actual Undertaking of the Business, an Actual Entry, upon the Execution of the Promise. Ass umpsit Ind ebitatus will lie against A.B. upon such a Promise as this viz. “my Brother will give you an handsome gratuity, for the Trouble you shall be at in that affair which I promise you shall not be less than £300.” Assumpsit. In Assumpsit we...
4Editorial Note (Adams Papers)
In common with most lawyers John Adams maintained a collection of pleading forms to help in future drafting. A number of such forms exist in the Adams Papers as loose sheets among the case notes and other legal materials, but the majority of those which have survived were entered by Adams or one of his clerks in an untitled small quarto volume bound in law calf, which is referred to in the...
5The Pleadings Book: 1771–1773 (Adams Papers)
Case on a Bill of Lading vs. Master for not delivering the Plaintiff’s Goods freighted on Board the Defendant’s Vessell. For that the said Charles on &c.—received on board his said Ship called the X X and whereof the said Charles was Master (H ogshea ds, Casks &c.) containing the Goods in the schedule annexed—And on the &c.—at —— signed a certain Note in Writing called a Bill of Lading and...
6Editorial Note (Adams Papers)
This complex litigation, a landmark in the history of Martha’s Vineyard, arose out of an unhappy family situation. The genealogical as well as the legal involutions of these cases being what they were, a sketch of the members of the great Mayhew clan of Martha’s Vineyard mainly concerned, and of their relationships, is almost essential to an understanding of the legal issues. The chief figure...
Hovey . Justifies by Warrant. Generality. Turning Point, legality of Warrant. Void in itself. Broke open in the dead of Night. Damages. Thrown down on the Hearth. Stripd of her Cloathing. Not yet got rid of her Wounds as she saith. Fright. Weakness consequent. Bethiah and Wadsworth—Weakly. She never had got over it she says. Wadsworth. Hovey . Abel Chase of Nantucket married Mercy Mayhew,...
1762. 1762. June 1. C. Basset complains of Jerus ha Beth i a h junr. Lucinda Mahew and Mercy Chase and a Warrant issues without Seal and directed to Coroner and General who on said day serves it on all three and lets them go . Oct. 9. Coroner Allen serves it again on Jerusha and takes her before M. Mahew who binds her to Court and makes a Mittimus directed only to the Goaler. Oct. 25. Coroner
9Editorial Note (Adams Papers)
This case, an early instance of patriotic violence which disturbed Adams deeply, arose on the night of 19 March 1766 at Scarborough in the District of Maine, when a mob broke into the home and store of Richard King. The rioters terrorized King’s pregnant wife and five children (including the future Federalist politician Rufus King), destroyed his windows and furniture, and burned a deskful of...
10King’s Petition to the General Court: 4 January 1768 (Adams Papers)
Province of the Massachusetts Bay To His Excellency the Governor The Hon orab le His Majestys Council and the Honle. House of Reprisentitives in General Court Assembled Humbly Shews Richard King of Scarborough in the County of Cumberland in Said Province Gentleman That in the Night of the 19th of March AD 1766. a Number of Persons in Disguise with axes Clubbs &c. Broak the windows of the...
To The Honle. His Majesty’s Justices of the Supr. Court of Judicature Court of Assize &c. Now Holden in the Countys of Cumberland and for the County of Cumberland and Lincolen Richard King of Scarborough in the County of Cumberland Humbly remonstrates that by a riot in the night of the 19 of March AD 1766 His Dwilling House and waireHouse were broken up and a great number of his Notes and...
12Writ of Review—Stewart et al. v. King: Cumberland Superior Court, Falmouth, June 1774 (Adams Papers)
To the Sheriff of our county of Cumberland his under-Sheriff or Deputy, Greeting. We command You that You summon Richard King of Scarborough in our County of Cumberland Esqr. (if he may be found in your precinct) to appear before our Justices of our Superior Court of Judicature Court of Assize and general Goal delivery to be holden at Falmouth within said county of Cumberland and for the...
Richard King v. Jno. Stewart & al This was an action of trespass—and on motion of Mr. Bradbury attorney to plaintiff after issue joined—plaintiff was allowed by the Court to strike out the names of several of the Defendants in order that they might be witnesses for plaintiff—on payment of costs—1 Wils. 89, Trials per pais 386, Str. 420, were cited. On the trial of the issue the plaintiff...
14King to Silas Burbank, 31 May 1773 (Adams Papers)
I receved Yours of the 17th. Current, and a Second that appears to have ben wrote Since. In your first You point out the Horrows of a Goal, and Compair Your present state of Confinement, To that which Succeeds a wicked life in this world unregreted, and unrepented of, with a verry Just Exception. If taken in a spiritul Sense that You are a Prisoner of Hope, Your Pathatic Complaint of being...
15Burbank’s Release: 28 June 1773 (Adams Papers)
Whereas Richard King Esq. hath released me from Gaol where I have been sometime confined by having my body attached by a writ of Trespass in which the said Richard is Plaintiff, and John Stewart myself and others defendants at my request in consideration there of and of five shillings paid me by said Richard I do hereby release unto the said Richard all cause of action whatsoever I have or...
16Deposition of Silas Burbank: 28 June 1773 (Adams Papers)
I Silas Burbanks of lawful age testify and say, that in the spring of the Year 1766, a few days before the riot at Mr. Richard Kings dwelling house, I was at the house of Mr. John Stewart, and he was talking to me about said King; he asked me if he was not a bad man, and had not done as much hurt to the people here, as Bute had done to the people at home; and afterwards, the day before the...
17Deposition of John Newbegin: 19 January 1773 (Adams Papers)
I John Newbegin of Lawful Age testify and say that the Evening of the 18th Day of March 1766 Silas Burbanks spake to me and told me a number of People were to meet at his House next Evening and were going to take a walk, that he had wanted to see me a good while and ask’d me if I would come. I promised I would and accordingly I did; Timothy Stuart, Samuel Stuart, Jonathan Andrews Jnr . with...
18Deposition of Jonathan Wingate: 16 June 1773 (Adams Papers)
I Jonathan Wingate of lawful age testify and say that about eight or ten days before Mr. Richard Kings house and shop were broken open in March 1766 I was in a Shoemaker’s shop belonging to one Hodgdon not thirty rods from my own house when Amos Andrews came into said shop and soon of his own motion began to discourse about the mobbing and riots that had lately happened in several parts of the...
19Threatening Letter Sent to King: ca. April 1766 (Adams Papers)
In Considiration whar of a number of the Suns of liburty have Shun a mordrit resment i.e. resentment for the repeted abus which they have reseved for many yers past Do herby hartily Signyfy to the Said Riched. King that in Cas the Said riched or any Other parson Within the Couty should us greet or menthen or be insterimental of any Warants or Summen’s to be Sarvd on any Pasen or Pasens he ma...
20King’s Offer of Settlement: 27 May 1774 (Adams Papers)
Richard King To those Imediately Consirned in his action of review against them Depending &c. and any others that the matter of that action may Consern I am Sensable that when a man has Entered the field in order to do him Selfe Justice against those from whom he has receved an Injury then To offer Terms to his adversary is often Constered a weakness of mind, or want of abillity, notwithstand...
21Deposition of Jonathan Sayward: 29 June 1774 (Adams Papers)
Jonathan Sayward of York in Said County of York, Esqr. Testifys and Says that He very well knew Josiah Beal who lately some years Since was an Inhabitant of the Town of York, but now if liveing re sides in some part of Novaskhotia Government as the Deponent Supposes That he was in poor circumstances with respect to Substance when he left York, which is 8 or 10 year ago, and He has never heard...
Scurlogging. 3 Stewarts defaulted. 3 Andrews appear. By the Sullivans. Bradbury . Silas Burbank . About 10 days before the Affair, I was informed that a Number of Persons from 2 Roads, were about making an Onset on Mr. Kings House. Stewarts and Andrews’s were joined in it. I was coming down by Amos Andross’s House. He asked me if there were not a Number about making Sir Richard a Visit. He...
23John Adams to Abigail Adams: Falmouth, 7 July 1774 (Adams Papers)
I am engaged in a famous Cause: The Cause of King, of Scarborough vs. a Mob, that broke into his House, and rifled his Papers, and terrifyed him, his Wife, Children and Servants in the Night. The Terror, and Distress, the Distraction and Horror of this Family cannot be described by Words or painted upon Canvass. It is enough to move a Statue, to melt an Heart of Stone, to read the Story. A...
24Editorial Note (Adams Papers)
This suit, as Adams noted in his diary, “arose from Ambition” and (apparently) from competition for the favors of the voters of Sandwich. Rowland Cotton, the town’s representative in the General Court since 1758, had lost his seat to Stephen Nye in 1761, but had then obtained the sinecure of Clerk of the House of Representatives. In February 1763, Nye presented a petition to the General Court...
25Adams’ Diary: 4 April 1767 (Adams Papers)
Poor Nye of Sandwich, seems dejected. I should suspect by his Concern that Cotton gained Ground vs. him. He seems to be hipp’d. It fretts and worries and mortifies him. He cant sleep a Nights. His Health is infirm. Cotton is insane, wild. His Proposal of giving his House and Farm at Sandwich to the Province is a Proof of Insanity.... His sitting down at the Council Table with his Hat on and...
26Adams’ Minutes of the Trial: Barnstable Inferior Court, April 1767 (Adams Papers)
Hovey . Certificate. Benja. Fessenden . Bassetts Shop. Lying Papers. Set their Names to it. D eaco n. Forster . Signd the Certificate, &c. Dr. Smith . Cotton said in Barbers Shop that he had a Certificate from Com mittee to prove Nye a Lyar. Understood that it was agreed and to be destroyd. John Jennings . False lying Paper, which you made yourself, and forgd their Names to it. Prince Tupper
Defendant It may be part of a great plan to get Representat ion over that Paper. It is true he made the Story for he drew it up. Plaintiff put in memorial to cross Col. Cotton. The Committee had no business to sign said Certificate. The design of the Paper was to fix a Lye upon Nye and was a parlimentary paper. “A lying Paper,” no Slander. This was not Forgery. 485 Bac. 4. HPC 185 The House of...
28Adams’ Notes of Authorities: Barnstable Superior Court, May 1767 (Adams Papers)
4. Bac. 485. “All Words are actionable which import the Charge of such a Forgery, as is within any of the statutes against this offence.” “An action also lies for charging a Man with Forgery, although it is not said to be of such a Record, Deed, Writing, or Instrument as is within any of the statutes; for Forgery is an offence indictable and punishable at common Law.” “But no Action lies for...
29Adams’ Minutes of the Argument: Barnstable Superior Court, May 1767 (Adams Papers)
Otis . Certificate of General Assembly. Law very much altered of late Times. To prevent Gothic Contentions and single Combats. High Proceedings. Strange 747. Order for Allom. Forgery at common Law. Protection from a Member. Possibility of Damage. Reason of the Thing. Injury. Paper indictable. Public Record. Q. If Cotton had forgd this Paper, whether he would have been liable to an Indictment...
30Adams’ Minutes of the Evidence: Barnstable Superior Court, May 1767 (Adams Papers)
Certificate Mr. Fessenden. A Lye of his own making, and he had set their Names to it. Jennings. Memento. } Deps. Bassett. Ellis. In JA ’s hand. Adams Papers, Microfilms , Reel No. 185. See text at note 5 above. See note above. See text at
31Adams’ Diary: 16 May 1767 (Adams Papers)
The Court was fixed in the Sandwich Case. Cotton is not only a Tory but a Relation of some of the Judges, Cushing particularly.... Cushing was very bitter, he was not for my arguing to the Jury the Question whether the Words were Actionable or not. He interrupted me—stopped me short, snapd me up.—“Keep to the Evidence—Keep to the Point—dont ramble all over the World to ecclesiastical...
32Editorial Note (Adams Papers)
In the spring of 1770 the schooner Hitty , John Burnam, master, sailed from her home port of Marblehead to Philadelphia. As she lay at the wharf in the latter port, Burnam spent a night ashore. Next morning, a small locked trunk in which he kept gold coin was missing from its place inside a larger chest in his cabin. Two or three days later the empty trunk was found floating in the harbor with...
Jno. Melzond . Was on board the Vessell with Captn. Burnam and Mr. Mugford. Burnam took an Hankercheif and a Purse and 1/2 Jo hannes in it, and some small Money. B. askd Mugford is that your Money? Yes. M. said Do you intend to keep it. M. claimed it as his Money. Said it was his Money and asked C aptain B urnam if he want going to let him have it. B. said No. Cant say if the Handkerchief was...
34Editorial Note (Adams Papers)
In the bitter verbal battling which rumbled beneath the physical violence of the pre-Revolutionary years, the heavy advantage rested with the radical press. Led by such pseudonymous journalistic swordsmen as Samuel Adams, Joseph Hawley, and Joseph Warren, the patriots skewered the administration and the loyal faction without restraint, and almost without opposition. Only one tory printer...
News Paper. Jacobite Party. Kent . Odd that Edes and Gill should desire him to be of no Party. Pitt is a fallen Angell, and given up by his Partizans, since he dwindled into a Lord. Lost. Lucre of Gain. Gain of Gain. Did not come from Salem. Mem. no Witchcraft in it. Jacobite Party, ungenerous base Insinuations. Kick upon the A—se. B. Edes . No Conversation past between Us, about agreeing not...
36Editorial Note (Adams Papers)
This was an action brought by John Gray for injuries inflicted upon him by Lendall (or Lindall) Pitts in a scuffle outside Dehon’s barber shop in Boston. Adams’ minutes indicate that the underlying cause was an earlier incident in which Pitts had “gallanted” what he assumed to be an attractive young lady, only to learn that feminine clothes covered a masculine form—either Gray himself or...
James Melvin . Saw Pitts push Gray off with one Hand and give him a stroke with his Stick. G. no Hatt on. Saw the Blood run. A knotty Stick—big as the Thumb. Bigger than Wallaces’s . Did not strike so hard as he could. Wm. Winter . Gray came into Dehons shop. Pitts and he went out. Pitts demanded Satisfaction. I ask your Pardon you chuckle headed son of a Bitch. Pitts held up his Fist and Gray...
J. Quincy . We had done nothing but what was justifiable by the Laws of our Country. J. Whitworth . Pitt said in the forenoon, that Gray had used him very ill, and he would beat him whenever he met him. About 11/2 Hour before, he did Very ill in Speaking Reports of him. Mr. Hutchinson . Pitts told me he had sent a Lad to the Custom house to call Gray out to demand Satisfaction of him. And I...
39Editorial Note (Adams Papers)
This action was the climax of a series of clashes between James Steel of Haverhill, Massachusetts, and Asa Porter, a merchant and trader from the upper Connecticut Valley Coös region of New Hampshire. In September 1767 Steel had sold Porter and his partner Andrew Savage Crocker a consignment of 1600 barrel hoops. After Porter accepted settlement against him in another matter, Steel sued out a...
J ohn L owell . Receipt. Wm. Wingate. Serjeant. Mr. Webster. P orter said S teel owed him. Sued him for 100 dollars. S. paid ½ of it, and was sued again for the other 50. S. said he was never paid for Hoops. P. said he cheated me out of 6 dollars in the 1st settlement of the 50 dollars, if there was some Hoops. S. then sued Porter, for the Hoops. Writ. S. vs. P. & C rocker for Hoops. Jona....
Porter and Steel. Case for money received and promise to pay it. Plea no promise. Proof. Produced a Receipt and the signing was denied. The Clerk of Inf erior Court produced the original receipt. Sarge ant for Steel. The Qu. is (as this is a review) whether the former Judgment be wrong. Adams. The principal query is whether the Receipt was sign’d. Oliver J. Steele owns his subscribing the paper...
42Editorial Note (Adams Papers)
In June 1765 at Boston, James Warden endorsed two bills of exchange drawn on a New York mercantile house and delivered them to Joseph Alcock of Portsmouth, New Hampshire. In September the bills were presented on Alcock’s behalf to the drawee in New York, who refused to accept or pay them. Alcock’s New York correspondent immediately procured a “protest,” the affidavit of a notary public to the...
On a Bill of Exchange, drawn on N. York, protested. Q. made was whether Bill on N. York was a foreign Bill? So as to carry 10 Per Cent damages and 6 Per Cent Interest, as a Bill on London. Fitch reminded Court of the Case of Wimble and Bayard, in which he Said 10 Per Cent was allowed, upon Argument. Auchmuty recollected the Case by Pratts introducing a little Book, which no Body else knew. It...
44Editorial Note (Adams Papers)
This case throws some light on the conduct of business in Boston in the middle 1760’s, but it is primarily of interest for the pleading problem which it presents. James Apthorp, younger son of a leading Boston mercantile family, and William Gardiner, in the course of breaking up their business partnership in 1763, had made an agreement under seal which provided among other things that Apthorp...
To the Sheriff of our county of Suffolk his Undersheriff or Deputy Greeting. We command you to Attach the Goods or estate of James Apthorp of Boston within our county of Suffolk merchant to the value of ten thousand pounds lawful money of Great Brittain and for want therof to take the Body of the said James if he may be found in your precinct and him safely keep so that you have him before our...
46Plea: Suffolk Inferior Court, Boston, July 1767 (Adams Papers)
And the said James comes and defends &c., and saith that the said William hath not been damnified by any demand made upon him by Messrs. Trecothick & Thomlinson or in any manner as the said William in his Declaration hath alledged and supposed and thereof the said James puts himself on the countrey. SF 101250. On the same page with the return ( Doc. I ). Dated from the Inferior Court judgment,...
And the said William says that the plea aforsaid pleaded by the said James in manner and form afore pleaded and the matter in the same contained are insufficient in Law and that he the said William to that plea in manner and form aforsaid pleaded hath no necessity nor is bound by the Law of the Land in any way to answer and this he is ready to verify wherefore for want of a sufficient plea in...
Covenant Broken. Plea. Special Demurrer. 1. 2. 3. 4. Joinder in Demurrer. Auchmuty. 2 Breaches assigned in Declaration by Plaintiff. 1. 2. not indemnifying. Plea is that Plaintiff was not damnifyd by any Demand from Trecothick & Thomlinson. The 3 first Reasons in the Special Demurrer, are to the same Point. —Tro. Holts Reports. Page 206. Annersley vs. Cutter. 2nd. Exception is that he did fit...
49Editorial Note (Adams Papers)
On 22 November 1762, Jeremiah Lee, prominent Marblehead ship owner and merchant, obtained a policy of marine insurance upon one half the cargo of the schooner Merrill for a voyage “from Marblehead to any and all the Islands in the West Indies to Windward of St. Croix, St. Thomas, Havannah and Jamaica until the cargo is sold and delivered.” The Merrill was then 79 days out of Marblehead. The...
Bac. 3. 599. Tit. Merchant. “Where a Policy is a perfect Cheat as where a Person, having certain Intelligence that a Ship is lost, insures so much, this shall not bind the Insurer.” Molloy. B. 2, c. 7, §5, bottom. “A Merchant having a doubtful Account of his Ship, insures her, without acquainting the Insurers of her danger; Chancery relieved against the Policy of this fraudulent Insurance.”...