281Thurdsday [26 October]. (Adams Papers)
Went in the morning to wait on Mr. Prat. He inquired if I had been sworn at Worcester? No. Have you a Letter from Mr. Putnam to the Court? No. It would have been most proper to have done one of them things first. When a young Gentleman goes from me into another County, I always write in his favour to the Court in that County, or if you had been sworn, there, you would have been intitled to be...
282Friday, Saturday, Sunday, Monday [27–30 October]. (Adams Papers)
All Spent in absolute Idleness, or what is worse, gallanting the Girls.
283Tuesday [31 October]. (Adams Papers)
Set down, and recollected my self, and read a little in Van Muyden, a little in naval Trade and Commerce.
284From John Adams to Richard Cranch, November – December 1758 (Adams Papers)
Braintree October–December? 1758. Printed: JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 69–70 , from a draft, with the principal variations from text of RC ( Adams Papers ) recorded in notes. Printed ( JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p.
285[November 1758] (Adams Papers)
Read a little in Van Muyden, and a little in naval Trade and Commerce. Rode as far as Smelt Brook. Breakfasted, made my fire and am now set down to Van Muyden in Earnest. His latin is easy, his definitions are pretty clear, and his Divisions of the subject, are judicious. Drank Tea at Coll. Quincy’s. He read to me a Letter Coll. Gouch wrote him in answer to his Questions, whether a Justices...
286Wednesday [1 November]. (Adams Papers)
Read a little in Van Muyden, and a little in naval Trade and Commerce.
287Thurdsday [2 November]. (Adams Papers)
Rode as far as Smelt Brook. Breakfasted, made my fire and am now set down to Van Muyden in Earnest. His latin is easy, his definitions are pretty clear, and his Divisions of the subject, are judicious.
288Sunday [5? November]. (Adams Papers)
Drank Tea at Coll. Quincy’s. He read to me a Letter Coll. Gouch wrote him in answer to his Questions, whether a Justices Court was a Court of Record? and then concluded, “So that Sammy was right, for he was all along of that Opinion. I have forgot what your Opinion was?” [This must be a Lye, or else Partiality and parental affection have blotted out the Remembrance that I first started to his...
289Monday [6? November]. (Adams Papers)
Went to Town. Went to Mr. Gridleys office, but he had not returned to Town from Brookline. Went again. Not returned. Attended Court till after 12 and began to grow uneasy expecting that Quincy would be sworn and I have no Patron, when Mr. Gridly made his Appearance, and on sight of me, whispered to Mr. Prat, Dana, Kent, Thatcher &c. about me. Mr. Prat said no Body knew me. Yes, says Gridley, I...
290[Notes on Civil Law, December 1758–January 1759.] (Adams Papers)
Sequestration is when two, or more, deposit a controverted Thing, with a 3d Person, on that Condition, that he, at the Conclusion of the suit, Dispute, will restore the Thing to the Conqueror. This is either voluntary, which is made done by the Agreement of Parties, or necessary, which is done by the Authority of a Judge. This, regularly, is prohibited. From a Deposit, arises a twofold Action,...
291[Further Notes on Civil Law, December 1758–January 1759.] (Adams Papers)
Judicial stipulations are those which proceed from the mere Office of a Judge, as Surety vs. fraud pursuing a servant, who is in flight. Surety concerning fraud is required, when the Danger is, lest an Adversary commit a fraud upon things of ours. Surety concerning pursuing a servant, is that when an Heir promises the Legatary, that he will pursue at his own Expense a servant which is given as...
292[On a Petition from Braintree Troops Enlisted for the Expedition against Canada, December 1758–January 1759.] (Adams Papers)
The general Court agreed to raise 7000 men, to cooperate with his Majesties Forces, for the Reduction of Canada. Agreed, consented by a Vote an Order not by a Law an Act. They make Acts to raise money and clothe the soldiers when raised. But the K ing , in the british Constitution, and of Consequence the Governor in ours, has the sole Direction of Peace and War. Inlisting men, sending them...
293[December 1758] (Adams Papers)
Bob Paine is conceited and pretends to more Knowledge and Genius than he has. I have heard him say that he took more Pleasure in solving a Problem in Algebra than in a frolick. He told me the other day, that he was as curious after a minute and particular Knowledge of Mathematicks and Phylosophy, as I could be about the Laws of Antiquity. By his Boldness in Company, he makes himself a great...
294[Marginalia in Winthrop’s Lecture on Earthquakes, December 1758?] (Adams Papers)
“O! there is no getting out of the mighty hand of GOD!” This Exclamation was very popular, for the Audience in general like the rest of the Province, consider Thunder, and Lightning as well as Earthquakes, only as Judgments, Punishments, Warnings &c. and have no Conception of any Uses they can serve in Nature. I have heard some Persons of the highest Rank among us, say, that they really...
295[The Case of Field v. Lambert, December 1758.]
(Adams Papers)
The Mistery of Masonry not Freemasonry, comprehends the Plaistering of Walls and Cielings, as well as the Laying of Bricks and building Chimneys, so that it is more extensive than the Addition of Bricklayer. Masonry deals in Cement, in every Thing which requires the Use of the Trowell, and was an Art, an Occupation before the society that goes by that name was ever heard of in the World, for...
296[The Case of Field v. Lambert, Continued, December 1758.]
(Adams Papers)
2 Horses—10th. of Octr. 1758. One Pound L.M. To answer J oseph F ield &c. in a Plea of Trespass, for that the said Luke Lambert , at Braintree aforesaid, on the 10th of last Octr. with Force and Arms entered the said Joseph’s Close there, and there and then with force and Arms drove away and rescued from the said Joseph Two Horses which the said Joseph had taken up in his Close aforesaid,...
297[On Indigence at Home, December 1758.] (Adams Papers)
haud facile emergunt quorum Virtutibus obstat res angusta domi. They will hardly emerge from Obscurity, whose Virtues are obstruct ed by Indigence at home. To whose Virtues, a narrow Thing at home opposes. This brief entry is written in a very fine hand just above the middle of {24} and is largely obscured by the two more or less continuous parts of JA ’s draft declaration, which so crowd it...
298[The Case of Field v. Lambert, Continued, December 1758.]
(Adams Papers)
For that the said Luke, on the 10th of Octr. last, at with force and Arms and against entered the said Josephs Close there in Braintree aforesaid, and then and there with force and Arms drove away, and rescued from the said Joseph tho the said Joseph then and there Two Horses which the said Joseph had taken up in his Close aforesaid Damage Feasant, and was about to drive to the public Pound in...
299Marginalia in John Winthrop’s Lecture on Earthquakes, 5 December 1758; 12 March 1761 (Adams Papers)
Braintree, 5 December 1758?, 12 March 1761. Printed: JA, Diary and Autobiography Diary and Autobiography of John Adams , ed. L. H. Butterfield and others, Cambridge, 1961; 4 vols. , 1: 61–62 , 201–202 . Printed : ( JA, Diary and Autobiography Diary and Autobiography of John Adams , ed. L. H. Butterfield and others, Cambridge, 1961; 4 vols. , 1: 61–62 ,
300Tuesday. December 3 or 4 [i.e. 5?]. (Adams Papers)
Bob Paine is conceited and pretends to more Knowledge and Genius than he has. I have heard him say that he took more Pleasure in solving a Problem in Algebra than in a frolick. He told me the other day, that he was as curious after a minute and particular Knowledge of Mathematicks and Phylosophy, as I could be about the Laws of Antiquity. By his Boldness in Company, he makes himself a great...
301Monday. December 18th. 1758 (Adams Papers)
I this Evening delivered to Mr. Field, a Declaration in Trespass for a Rescue. I was obliged to finish it, without sufficient examination. If it should escape an Abatement, it is quite indigested, and unclerk-like. I am ashamed of it, and concerned for it. If my first Writt should be abated, if I should throw a large Bill of Costs on my first Client, my Character and Business will suffer...
302Wednesday [20 December]. (Adams Papers)
I am this forenoon, resuming the Study of Van Muyden. I begin at the 99th Page.
303Thurdsday [21 December]. (Adams Papers)
Yesterday and to day I have read loud, Tullius 4 Orations against Cataline. The Sweetness and Grandeur of his sounds, and the Harmony of his Numbers give Pleasure enough to reward the Reading if one understood none of his meaning. Besides I find it, a noble Exercise. It exercises my Lungs, raises my Spirits, opens my Porr s , quickens the Circulations, and so contributes much to Health.
304Tuesday, 26 of December. (Adams Papers)
Being the Evening after Christmas, the Dr. and I spent the Evening with Mr. Cleverly and Major Miller. Mr. Cleverly was chearful, alert, sociable and complaisant. So much good sense, and knowledge, so much good Humour and Contentment, and so much Poverty, are not to be found, in any other House I believe in this Province. I am amazed that a man of his Inginuity, and sprightliness, can be so...
305Friday [29 December]. (Adams Papers)
Let me see, if Bob P aine dont pick up this Story to laugh at. Lambert will laugh no doubt, and will tell the story to every man he sees, and will squib me about it, whenever he sees me. He is impudent and unfair enough, to turn this on every Occasion to my Disadvantage. Impudence, Drollery, Villany, in Lambert, Indiscretion, Inconsideration, Irresolution, and ill Luck in me, and Stinginess as...
306Saturday [30 December]. (Adams Papers)
How a whole Family is put into a Broil sometimes by a Trifle. My P. and M. disagreed in Opinion about boarding Judah, that Difference occasioned passionate Expressions, those Expressions made Dolly and Judah snivell, Peter observed and mentioned it, I faulted him for it, which made him mad and all was breaking into a flame, when I quitted the Room, and took up Tully to compose myself. My P....
307[Braintree Lawyer, 1759–1761] (Adams Papers)
The next Year after I was sworn, was the memorable Year 1759 when the Conquest of Canada was compleated by the surrender of Montreal to General Amherst. This Event, which was so joyfull to Us and so important to England if she had seen her true Interest, inspired her with a Jealousy, which ultimately lost her thirteen Colonies and made many of Us at the time regret that Canada had ever been...
308[Jonathan Sewall, 1759] (Adams Papers)
Sometime in 1761 or two Mr. Samuel Quincy with whom I sometimes corresponded, shewed to Mr. Jonathan Sewall, a Lawyer somewhat advanced before Us at the Bar, some juvenile Letters of mine of no consequence, which however Sewall thought discovered a Mind awake to the love of Litterature and Law and insisted on being acquainted with me and writing to me. His Acquaintance and Correspondence were...
3091759. (Adams Papers)
Began Octr. 12th, in Pursuance of the foregoing Plan to transcribe from Brightlands english Grammar, Answer’s to Mr. Gridleys Questions for that Grammar. I have begun too, to compare Dr. Cowells Institutes of the Laws of England, with Justinians Institutes of the Laws of Rome, Title by Title, that each may reflect Light upon the other, and that I may advance my Knowledge of civil and common...
310Adams’ 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...
311[January 1759] (Adams Papers)
Drank Tea at Coll. Quincies. Spent the Evening there, and the next morning. In the afternoon, rode out to German Town. H annah Q uincy or O. Suppose you was in your Study, engaged in the Investigation of some Point of Law, or Philosophy, and your Wife should interrupt you accidentally and break the Thread of your Thoughts, so that you never could recover it? Ego . No man, but a crooked...
312Wednesday [January 1759]. (Adams Papers)
Drank Tea at Coll. Quincies. Spent the Evening there, and the next morning. In the afternoon, rode out to German Town. H annah Q uincy or O. Suppose you was in your Study, engaged in the Investigation of some Point of Law, or Philosophy, and your Wife should interrupt you accidentally and break the Thread of your Thoughts, so that you never could recover it? Ego . No man, but a crooked...
313Tuesday [January 1759]. (Adams Papers)
Took a ride after Dinner to Gullivers Brook in Milton, returned home. Went over to Deacon Belchers and drank Tea, and in the Evening walked home with O. Strolled by the House down to Mr. Borlands, then back down the farm Lane as far as the Gate, then back, up the Hill, and home. Met Mr. Wibirt at the Coll’s door, went with him to his Lodgings, slept with him and spent all the next day with...
314[February 1759] (Adams Papers)
I intend a Journey to Worcester to morrow. How many observations shall I make on the People at West Town, and Worcester, and how many new Ideas, Hints, Rules of Law, and Eloquence, shall I acquire before I return? Let my Journal answer this Question, after my Return. At Westtown, in Dr. Webbs Chamber at Hammonds. His landlady is an odd Woman. She seems good Natured, and obliging to o , but she...
315Feb. 1. (Adams Papers)
I intend a Journey to Worcester to morrow. How many observations shall I make on the People at West Town, and Worcester, and how many new Ideas, Hints, Rules of Law, and Eloquence, shall I acquire before I return? Let my Journal answer this Question, after my Return.
316Feb. 2. 1759. (Adams Papers)
At Westtown, in Dr. Webbs Chamber at Hammonds. His landlady is an odd Woman. She seems good Natured, and obliging to o , but she has so many shruggs, grimaces, affectations of Witt, Cunning, and Humour, as make her ridiculous. She is awkward, shamefaced, bashful, yet would fain seem sprightly, witty, &c. She is a Squaddy, masculine, Creature, with a swarthy pale face, a great staring, rolling...
317Worcester Feb. 11. 1759. (Adams Papers)
I have been in this Town a Week this night. How much have I improved my Health by Exercise, or my mind by Study or Conversation, in this Space? I have exercised little, eat and drank and slept intemperately. Have inquired a little, of Mr. Putnam and of Abel Willard, concerning some Points of Practice in Law. But dining once at Coll. Chandlers, once at Mr. Pains, once at the Doctors, drinking...
318[March 1759] (Adams Papers)
Reputation ought to be the perpetual subject of my Thoughts, and Aim of my Behaviour. How shall I gain a Reputation! How shall I Spread an Opinion of myself as a Lawyer of distinguished Genius, Learning, and Virtue. Shall I make frequent Visits in the Neighbourhood and converse familiarly with Men, Women and Children in their own Style, on the common Tittletattle of the Town, and the ordinary...
319March 14. 1759. (Adams Papers)
Reputation ought to be the perpetual subject of my Thoughts, and Aim of my Behaviour. How shall I gain a Reputation! How shall I Spread an Opinion of myself as a Lawyer of distinguished Genius, Learning, and Virtue. Shall I make frequent Visits in the Neighbourhood and converse familiarly with Men, Women and Children in their own Style, on the common Tittletattle of the Town, and the ordinary...
320March 18 [i.e. 19?]. Monday (Adams Papers)
This whole Day is dedicated to walking, riding, talk, &c. No Reading to day. Twas Avarice, not Compassion that induced to pass the last Court. He was afraid that Pen would be provoked to appeal both to the Superior Court if he put both in suit, and so keep him out of his Money for 6 or 8 months. 6 months without Interest. Tis fear of loosing the Interest upon Interest that induces him to pass...
321[Spring 1759.] (Adams Papers)
The Road is walled on each side with a Grove of Trees. The stillness, silence, and the uniformity of the Prospect puts the Mind into a stirring, thoughtful Mood. But the Reflections that are made in a Grove, are forgotten in the Town, and the Man who resembles a saint in his Thoughts in the first, shall resemble a Devil in his Actions in the last. In such silent scenes, as riding or walking...
322[April 1759] (Adams Papers)
Spent the Evening at Captain Bracketts. A Case was proposed and my Opinion asked, which gave me Opportunity to display some Knowledge of Law but betrayed me into mistaken Dogmatism. I frequently expose my Ignorance of the Province Law, but things are started that put me upon Exn. Examination . Coll. Q. I value not the Governor’s favours, more than this Pinch of Snuff, in Comparison of my...
323Sunday. April 8th. 1759. (Adams Papers)
Spent the Evening at Captain Bracketts. A Case was proposed and my Opinion asked, which gave me Opportunity to display some Knowledge of Law but betrayed me into mistaken Dogmatism. I frequently expose my Ignorance of the Province Law, but things are started that put me upon Exn. Examination . Coll. Q. I value not the Governor’s favours, more than this Pinch of Snuff, in Comparison of my...
324From John Adams to Josiah Quincy, 17 May 1759 (Adams Papers)
Braintree, post 17 May 1759. Printed: JA, Diary and Autobiography Diary and Autobiography of John Adams , ed. L. H. Butterfield and others, Cambridge, 1961; 4 vols. , 1:113 , from a draft of a letter perhaps not sent. On Col. Josiah Quincy (1710–1784) and JA ’s early relations with him, see JA, Diary and Autobiography Diary and Autobiography of John Adams , ed. L. H. Butterfield and others,...
325[June 1759] (Adams Papers)
Have this moment finished Woods new Institute of the Imperial or civil Law. It is a great Help in the study of Van Muyden and Justinian. I understand Wood much better for having read Van Muyden, and shall now understand Van Muyden much better for having read Wood. Thomas Wood, A New Institute of the Imperial or Civil Law, London, 1704 , went through several editions.
326June 29. 1759. (Adams Papers)
Have this moment finished Woods new Institute of the Imperial or civil Law. It is a great Help in the study of Van Muyden and Justinian. I understand Wood much better for having read Van Muyden, and shall now understand Van Muyden much better for having read Wood. Thomas Wood, A New Institute of the Imperial or Civil Law, London, 1704 , went through several editions.
327[Summer 1759.] (Adams Papers)
Mr. Wibirt . Ld. Chancellor Hardwick used at night to take off the Robes of his office and lay them aside. “There Ld. Chancellor lie there till morning.” This Story means that he assumed the state and Dignity of his office, when he was in the Exercise of it, but threw off all state with his Robes and shewed the sociable Friend and Companion. P arson W ibird . Out of H annah and E sther might...
328From John Adams to Samuel Quincy, July 1759 (Adams Papers)
Braintree, July? 1759. Printed: JA, Diary and Autobiography Diary and Autobiography of John Adams , ed. L. H. Butterfield and others, Cambridge, 1961; 4 vols. , 1:109 . Printed : ( JA, Diary and Autobiography Diary and Autobiography of John Adams , ed. L. H. Butterfield and others, Cambridge, 1961; 4 vols. , 1:109 ).
329[October 1759] (Adams Papers)
The true End, which we ought to have in View, is that praeclarum ac Singulare quiddam, which follows here. Tis impossible to employ with full Advantage the Forces of our own minds, in study, in Council or in Argument, without examining with great Attention and Exactness, all our mental Faculties, in all their Operations, as explained by Writers on the human Understanding, and as exerted by...
330Extract of a Letter to Jona. Sewall, Octr. 1759 (Adams Papers)
The true End, which we ought to have in View, is that praeclarum ac Singulare quiddam, which follows here. Tis impossible to employ with full Advantage the Forces of our own minds, in study, in Council or in Argument, without examining with great Attention and Exactness, all our mental Faculties, in all their Operations, as explained by Writers on the human Understanding, and as exerted by...