2901Adams’ 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...
2902Adams’ 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
2903Adams’ 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...
2904Adams’ 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...
2905Adams’ 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
2906Adams’ 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...
2907Adams’ Minutes of the Trial: Essex Superior Court, Ipswich, June 1771 (Adams Papers)
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...
2908Adams’ Minutes of the Trial: Suffolk Superior Court, Boston, March 1769 (Adams Papers)
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...
2909Adams’ Minutes of the Trial: Suffolk Inferior Court, Boston, July 1771 (Adams Papers)
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...
2910Adams’ Minutes of the Trial: Suffolk Superior Court, Boston, December 1771 (Adams Papers)
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...
2911Adams’ Minutes of the Review: Essex Superior Court, Salem, November 1772 (Adams Papers)
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....
2912Adams’ Report of the Argument: Suffolk Superior Court, Boston, August 1766 (Adams Papers)
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...
2913Adams’ Minutes of the Argument: Suffolk Superior Court, Boston, March 1768 (Adams Papers)
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...
2914Adams’ Notes of Authorities: Essex Superior Court, Ipswich, June 1769 (Adams Papers)
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.”...
2915Adams’ Minutes of the Trial: Essex Superior Court, Ipswich, June 1771 (Adams Papers)
Lowell. Cun. 173. Concealment of Intelligence, a Fraud. Each Party ought to know all the Circumstances. 178.–179. 184. 79 days from G ordon’s sailing to the Insurance, which was a good Chance to have heard of her Arrival at any Part of the W. Indies. J. Pedricks Deposition. Gordons Protest. Jab. Harlow’s Deposition. Captn. Jos. Howard. Arrived from M artinique 7th. Novr. Saild, 7. Octr....
2916Adams’ Minutes of the Argument: Essex Superior Court, Salem, November 1771 (Adams Papers)
Lowell. 24 or 25 days a Chance. Passages from 17 to 25. Vessell in Time. A fair Chance. Did not mention how long she had been out, nor Howards arrival. C ol. Lees Character so respectable, and Knowledge so perfect, that “a fair Chance” &c. from him would preclude all Enquiry. 1764 Jany. 28. Receipt for Money. Judge Hutch inson mentiond a Case in Wilson that the Court will not sustain an Action...
2917Adams’ Minutes of the Argument: Essex Superior Court, Salem, November 1772 (Adams Papers)
Lowell. 25 days a Chance. Judge Hutchinson. The Underwriters charged Lee with concealing some Circumstances—the Arrival of a Vessell—but I cant recollect all the Particulars. The Arbitrators agreed. An Account of a Vessell and I think it was Howard, and Col. Lee told ’em it was possible she might be gone to some other Island. The main dispute whether she was gone to Martinico or some other...
2918Adams’ Minutes of the Trial: Essex Superior Court, Salem, November 1769 (Adams Papers)
Receipt for the Money, “and Costs of C our t.” 1762. Aug. 9. Sailing orders. To proceed to Martineco or any other Island—“and sell, at said Island, or any other Island in the West Indies.” 1762. Novr. 4. Grand terre. Nick Gordon, the Masters Protest, that they saild 4. Septr. from Marblehead bound to Martineco. 17th. Octr. taken. 1769. July 10. Gordons Testimony. “By particular verbal...
2919Adams’ Notes of Authorities: Suffolk Inferior Court, Boston, January 1771 (Adams Papers)
The Jury found a Verdict for the Sum sued for. Kent moved that the Verdict should be rejected. I deny’d the Power of the Court to reject it, and said if he would move for a new Tryal, that would not be without a Precedent in the Superiour Court tho it would in an inferiour Court. 13 Ed. 1. c. 30. Barrington Obs. on Stat. 103. “Item ordinatum est quod Justitiarii ad Assisas capiendas assignati,...
2920Adams’ Diary Notes on the Right of Juries: 1771. Feby. 12. (Adams Papers)
At a Time, when the Barriers against Popery, erected by our Ancestors, are suffered to be destroyed, to the hazard even of the Protestant Religion: When the system of the civil Law which has for so many Ages and Centuries, been withstood by the People of England, is permitted to become fashionable: When so many Innovations are introduced, to the Injury of our Constitution of civil Government:...
2921Adams’ Minutes of the Argument: Suffolk Superior Court, Boston, August 1766 (Adams Papers)
Fitch . 2 Vernon 539. 540. Payment to Obligee, after Notice of an Assignment is not good. The Assignee alone is entituled to the Money. Choses in Action are assignable in Equity, ’tho not in Law. Jones’s Reps. Page 223. 223. Lewis vs. Wallis. Tho the Action must be in the Name of Assignor, yet it is considered in Equity and even in Law, as the Property of the assignee. The real Interest in the...
2922Adams’ Minutes of the Trial: Plymouth Superior Court, May 1769 (Adams Papers)
Keens Witnesses. Ed. Thomas . Known Georges Meadow 30 Years. Carted the Grass 2 Years. It was a very good Piece of fresh Meadow. I went in with a full Team without miring. Last August I saw it. The Meadow very much altered. The Meadow wet. Ditching and clearing the Brook could not wholly prevent the Damage. Wm. Cox . Deposition. Vid. Elisha Barker . Both Sides lay open to a Pasture 7 Years....
2923Adams’ Address and Minutes of the Argument: Supreme Court of Probate, February 1768 (Adams Papers)
Samuel Clap Testator, left a Grandson Michael Clap, Son of the Eldest Son of the Testator, whose Name was Michael Clap, deceased. William Clap, the oldest Son Living dis Sarah Randall Widow of Samuel Randal deceased who left by her, four Children, 2 Sons and 2 Daughters, the Names Samuel, Mary, Sarah and Elijah. William Clap the Eldest son living. Disinherited. Samuel Clap, the Executor, and...
2924Adams’ Minutes of the Trial: Plymouth Superior Court, May 1769 (Adams Papers)
Lex Test., Page 576. Stephens vs. Gerard, 1. Sid. 315. Page 571, Sackville vs. Brown. Page 576, Chadron v. Harris, Noy 12. Leonard . Zechh. Daman . In the latter Part of his Life, he seemed not so capable, intosticated and Passionate. Good Ideas. Bezaliel Curtis . A good deal of Judgment once. He seemed to be in a hurry, a fury, &c. I did not look upon him the Man he used to be. One time he...
2925Adams’ Minutes of the Argument: Suffolk Superior Court, Boston, August 1772 (Adams Papers)
In this Case the Plaintiff has alledged that her Father died seized on the Thirtyeth of the Month. But the Jury have found that he died seised on the Twenty first of the Month. 1. Inst. 293. a. “Also where a Man will sue a Writ of Right, it behoveth that he counteth of the Seisin of himself or of his ancestors, and also that the Seisin was in the same Kings Time, as he pleadeth in his Plea....
See 1. Inst. 200 b. to maintain this Action. Litt. §315. T enant s in Common shall have personal Actions jointly. 2 Cro. 231. Some vs. Barwish. They shall join in Trespass and for Nusance. 2 Vent. 214. May be taken Advantage of under the general Issue. 1 Vent. 214. Cant be given in Evidence unless one Tenant in common brings Action vs. another. 1 Mod. Ent. 31. If it appears on the Writ,...
2927Adams’ Abstract of Title: Middlesex Superior Court, Cambridge, October 1772 (Adams Papers)
1756. Novr. Deed from Jonas Prescott to Jonas Jnr. of Gift. ¼th. 1749. Aug. 17th. from Jonas to Ebenr. ½ of all my Homestead. Free Liberty to pass and repass by Gates and Barns. 1719. Octr. 8th. from Jonas to Jonas Jnr. All my Right in an old Dwelling House, &c. excepting 1727, 8 Jany. 28. Jonas to Jonas. ½. David Goodhue . Jonas Esq. in Possession of Part, and Prescott that is dead of another...
8 Mod. page 115, 16. Hardwick’s Cases. Gilbert’s Hist. of Common Pleas. Dana. Gershorn Fletcher . 55 Years, Prescott the Grandfather of Plaintiffs, have possessed it, and Plaintiffs since and knew they possessed the Grist mill and fulling Mill, Keep in Possession of the Forge where the Saw mill was . David Goodhue . Priest 30 Jany. 1771. took lever out of Prescotts Gate, and tossed it into the...
Deed. Wm. Fuller to Jona. Wilkins. Archelaus Fuller . Known the Place there 30 years. Wilkins mowed the Land, 1 or 2 Years. Orchard, runs down to the Edge of the Brook. The Water used to help the Land. But Fullers Dam and Mill there, immediately flowed this Land of Wilkins’s and flowd over an high Way that we used to pass to Meeting. It flowd up into Wilkins’s an Acre and ½ and round several...
2930Adams’ Notes of Authorities and Minutes of the Hearing: Governor and Council, Boston, 17 October 1771 (Adams Papers)
Godolphin’s Repertorium Canonicum 507. “Wife libelled Husband in the Ecclesiastical Court for Alimony because he beat her so as she could not live with him. A Prohibition was prayed, but denied by the Court; and it was held in this Case, that the Wife might have the Peace vs. her Husband for unreasonable Correction.” Sir Thos. Simmonds Case. Mores Rep. 508. §13. Definition of Alimony, and...
Sewall . Dougherty at Newfoundland, 3 Years, Little breakfasted dined suppd and lodgd there. Lodgd with her, got her with Child, and was seen in the Act of Copulation with her. Revd. Whitney . Rode to Meeting with her. Thos. Nicholls . Frequently there. Candle put out and two Persons went out, and Little and she came in. Wm. Little . Was left with the Care of Mrs. Dougherty and got his Brother...
2932Adams’ Minutes of the Argument and Decision: Suffolk Superior Court, Boston, August 1766 (Adams Papers)
Fitch. 1st Question whether Appeal will lie? Page 33 of tem porary Acts. Art —. Otis . Case of Barnstable vs. Bodfish. June 1747, in Sessions. Superior Court, Barnstable July 1747. Prov. Law 21. Relations. Lynde. Bastardy, Highways—Ministers and Paupers, no Appeal has been allowed. Gridley. This not taking up the Law upon the sense of it: but is taking up one Part of the Law to make it...
Benja. Shurtliff. Deer. 21st 1753. Marshall went from Plympton to Middleborough. Josa. Marshall. 25 Aug. 1747 came to Plympton first, to 10 Novr. 1753. 7 July 1758, returned to Plympton from Middleborough, where I went first 21st Deer. 1753. 2 Years and 2 months at Pembroke. Came from there 4 Years ago last Spring. Mem. This Cause was decided in my favour, who was for Middleborough, by a great...
2934Adams’ Petition: Suffolk Court of General Sessions, Boston, April 1769 (Adams Papers)
Humbly Shew Thomas Pratt, Gentleman, Samuel Sprague, Yeoman, Samuel Serjeant, Gentleman, Samuel Watts Jnr, Gentleman, Samuel Pratt, Gentleman, all of Chelsea in said County and Select Men and overseers of the Poor of the Said Town, That on the Twenty third day of August Anno Domini 1768, one William Dix, a poor impotent Man, was, by Force of a Warrant given by John Hill Esqr. a Justice of the...
2935Adams’ List of Questions Presented: Suffolk Court of General Sessions, Boston, November 1768 (Adams Papers)
A great Number of Questions arise upon this Petition. 1 st. Whether a Justice of the Peace, can by Law, issue a Warrant for the Removal of a Pauper, from the Town where the Justice is an Inhabitant? 2. Whether a Warrant from the Select Men or Overseers of the Poor in a Town, to warn Strangers to depart, is good without warning those Strangers particularly? 3. Whether the Person warned in this...
2936Adams’ Notes of Authorities: Suffolk Court of General Sessions, Boston, November 1768 (Adams Papers)
Prov. Law. Page 23. Names returned. 2. Salk. 482. Anonimous. 3 Men and families. 2 Salk 485. Sylvanus Johnson. Foleys Poor Laws 427. Lenham vs. Peckham. Foley 426. Flixton vs. Roston. Form of an order of Removal, Burn V. 3, P. 378. V. 3, Page 377. 13 & 14 Car. 2, Chap. 12, cited in Burn V. 3, P. 375. Prov. Law, 4 W. & M. c. 12. Justice shall not act in his Town. 2 Strange 1173 Great Charte and...
2937Adams’ Assignment of Errors: Plymouth Superior Court, Plymouth, April 1768 (Adams Papers)
In the Case of Jane Dotey vs. Manuel Essane heard and adjudged at the Court of General Sessions of the Peace held at Plymouth within and for the County of Plymouth on the first second Tuesday of December being the Eighth day of said Month in the Year of our Lord 1767, the Errors assigned by said Manual, on the Certiorari are as follow viz. 1st. It does not appear by the Record of the Judgment...
2938Adams’ Minutes of the Testimony: Middlesex Court of General Sessions, Concord, September 1768 (Adams Papers)
Sarah Garfield. D eaco n Farrar. Last of Deer. It is Josiah Headleys. The next Saturday, she said she was sorry she had told me what she did. Not because it want true, but because he said he’d get her whipped. 10 days after she said if the Premisses were not fullfilled, she would tell the whole Truth. Afterwards she said Headly hired her to lay it to Zack Parkes, Simeon Hagar, or some body...
2939Adams’ Minutes of the Testimony: Middlesex Superior Court, Charlestown, April 1771 (Adams Papers)
Putnam. C.J. If there is other Evidence of Circumstances that tend to render it probable, will not that answer the End of that Prerequisite, of Examination in the Time of Travail? Jerusha Newton. In feby. she sent for the Man and Jno. Harrington came. She was very suddenly taken in Travel, and very bad. Midwife not there till an Hour after the Child was born. That very day before her Delivery...
2940Adams’ Minutes of the Trial: Essex Superior Court, Salem, November 1771 (Adams Papers)
Lowell. Prov. Law, page 29. If any Dispute shall arise, it shall be determined. A Penalty for permitt ing a Person to give his Voice who is not a qualified Voter. Benja. Adams. Parliamentary Abilities. Knew all his Party. Jona. Herriman. Abel Plummer voted in the Choice of the Moderator. Deacon Thurston said He could, did, and would count him as a Voter. It never was disputed at that Time...
2941Adams’ Minutes of the Trial: Essex Superior Court, Salem, November 1771 (Adams Papers)
Pynchon. Grant of Ipswich or rather Jurisdiction between the Towns from Glocester Town Book. 1642. And from the Province Sec reta ry. 1767. Perambulation, from Gloucester between there and Ipswich. Jacob Story. Perambulated for 20 Years. We did not go to the Marsh. Wm. Butler. Wm. Choate. The Line a Mile in the nearest Place I should think. People freely dug. Lufkin. Freely dug. People on...
2942New Pleadings: Suffolk Superior Court, Boston, August 1772 (Adams Papers)
And the Said William Crafts, Giles Brewer, Benjamin Richardson and Asa Stodder, come and defend &c. and as to the Force and Arms, and any Thing that is against the Peace, and also the whole Trespass aforesaid excepting the Breaking and entering the Dwelling House aforesaid, breaking and entering the Close aforesaid, and breaking down and erasing to the Foundation the brick Walls and Chimnies...
2943Adams’ Minutes of the Trial: Suffolk Superior Court, Boston, August 1772 (Adams Papers)
S amuel Q uincy . Prov. Law. 1st in the Book. Obsolete. Against common right. Not to be done by Legislature. Must be strictly pursued. Not a total desolation. The Bricks Wall and Chimney standing. Dont appear that the Justices and Select Men were notified. The Law says the Major Part of both. It must have been preceded by a Notification of all the Justices and select Men. Not mentioned any...
2944Adams’ Minutes of the Wadsworth Trial: Plymouth Inferior Court, Plymouth, April 1766 (Adams Papers)
Paine . Wadsworth, a Commissioner of Duxborough to take Care of the Herring Way. Q. Whether Wadsworth did any Thing to defeat the Condition? Levi Loring. Deposition. Making Interest. Told Town, nothing was done. Thomas Adams. Pirez Loring. Would make Interest, but Lor in g said it was not fair. Jno. McGlathly. Judah Sampson came and wantd him to see how many would vote for Wadsworth. Abner...
2945Adams’ Minutes of the Winslow Trial: Barnstable Inferior Court, Barnstable, December 1767 (Adams Papers)
Hovey. 239. Page. Nusances in Rivers. Natural, usual or common Passage. Wm. Robbins. Knows the Brook. Saw Clark make a Ware with sticks and stones and Boards. Saw James Clark cat c h Fish. Thos. Snow. Lt. Freeman. No Water in the guzzell when Winslow Gates are down in Herring Time. Tupper. Clark. In
2946Adams’ Minutes of the Trial and Notes for His Argument: Middlesex Inferior Court, Charlestown, March 1768 (Adams Papers)
Sewall. Action of slander. Not directly charging Perjury. Things contrary to Truth and contrary to his holy Profession. Dishonorary to God, and Religion. I mean to charge him with Perjury. Buck. Charge in Writing. Mr. Morrill said the Charge was Perjury. Gave a Jogg. Let it go. I meant it so, and am able to prove it with several Aggravations. Ch urc h could not finish the Matter. Church did...
2947Adams’ Minutes of the Trial: Worcester Inferior Court, Worcester, May 1769 (Adams Papers)
Prov. Law. 16. 33. 386. Temp orary Laws. About Certificates for Anabaptist Ministers and People, to be used in the Case following of Worth ington . All wise States have seen the Necessity of some Religion for the Support of Society. The Happiness of Brit ish dominions that an order of Men. The Romans and Grecians would have thought themselves happy if they had had such an order of Men. All...
2948Adams’ Copy of the Declaration, and Report: Essex Superior Court, Salem, November 1766 (Adams Papers)
Jenny Slew of Ipswich in the County of Essex Spinster Plaintiff vs. John Whipple Jnr. of said Ipswich Gentleman, Defendant, in a Plea of Trespass, for that the said John upon the 29th January 1762 at Ipswich aforesaid, with Force and Arms, took her the said Jenny, held and kept her in servitude as a Slave, in his service, and has restrain’d her of her Liberty from that Time to the fifth of...
2949Adams’ Minutes of the Argument: Essex Superior Court, Salem, November 1766 (Adams Papers)
Gridley. Marriage is of the Law of Nations. Justinian extends it, even to the Brutes. The Court adjudgd at Worcester that a Married Woman could not call herself Spinster. Writ not abated. Kent. I shall not enter into the Right of some Men to enslave others. This Right in some Places seems established. Not indeed a Right to Life, tho this is assumed in West Indies to the shame of human Nature....
2950Adams’ Minutes of the Trial: Hampshire Superior Court, Springfield, September 1768 (Adams Papers)
Strong. Trespass and false Imprisonment. Plea that Plaintiff is Defendants Property—his Negro Slave. Rep. no slave but a freeman. Bill of Sale 1728. 15th March from David Ingersole. Coll. Partridge. Ingersoles Hand. Lowghtons Hand. Knew Newport to live with Billing and reputed his servant. Mr. Dickerson. Knew him 30 Years to be the servant of Billing. Acts of Parliament that take Notice of...