251[Notes on Probate Law, October–December 1758.] (Adams Papers)
Tis absurd, to for a Testator to say, after he has devised his Lands to one in fee, that they shall go over to another. There is no Remainder to an Estate in fee. A fee simple, upon fee but a Testator may very legally and sensibly devise Lands to one in fee, and then say, in Case Death or any other Accident should happen to incapacitate the Devisee to take, then the Lands shall go to another....
Shakespeare, in the Character of Lady Mackbeth, and of Gertrude, the Wife of old Hamlet, and afterwards of King Claudius, and in the Character of Lady Anne in King Richard, has shewn a sense of the Weakness of Woman’s Reason, and strength of their Passions. The Horror of both divine and Human Vengeance, that attends guilty minds is strongly represented in the Characters of Mackbeth and his...
Braintree October–December? 1758. Printed: JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 70–72 Printed : ( JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 70–72 ).
254[Letters to Three Friends on Studying Law, October–November 1758.] (Adams Papers)
My letters, for the future will come to you, not from a School House but from the Cell of an Hermit. I am removed from Worcester to Braintree where I live secluded from all the Cares and Fatigues of busy Life in a Chamber which no mortal Visits but myself except once in a day to make my Bed. A Chamber which is furnished in a very curious manner, with all sorts of Hermetical Utensils. Here, no...
255[A Letter to William Crawford, Describing a Visit to Boston, October–November 1758.] (Adams Papers)
Am returned from Boston, and according to my Promise sett down begining to write you a Discription or a History of what I saw, and heard, &c. I distrust my Capacity, without an Invocation, but am afraid to make one, for I know the Muses are not fond of such Work. Take it then in the plain Language of common sense. My Eyes were entertained with Objects, in every figure and Colour of Deformity,...
256From John Adams to William Crawford, October – November 1758 (Adams Papers)
Braintree, October–November? 1758. Printed: JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 99 . Printed ( JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 99 ).
257From John Adams to Samuel Quincy, October – November 1758 (Adams Papers)
Braintree, October–November? 1758. Printed: JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 66–67 Printed : ( JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 66–67 ).
258[A Letter to William Crawford Telling “How I Live,” October 1758.] (Adams Papers)
How it is with you I know not, but if I am rightly informed, I am yet alive and not dead. And to prove it to you, I will tell you how I live. I sleep, 12 or 13 Hours, Smoke 10 or 12 Pipes, read 5 or 6 Pages, think of 19 or 20 Ideas, and eat 3 or 4 Meals, every 24 Hours. I have either mounted above or sunk below, I have not Penetration enough to say which, all Thoughts of Fame, Fortune, or even...
259From John Adams to William Crawford, October 1758 (Adams Papers)
Braintree, October? 1758. Printed: JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 91 , with identifying note on the recipient at p. 92 . Printed : ( JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 91 ).
260From John Adams to Tristram Dalton, October 1758 (Adams Papers)
Braintree, October? 1758. Printed: JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 65–66 . Printed : ( JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 65–66 .)
261From John Adams to John Wentworth, October 1758 (Adams Papers)
I resume with Pleasure my long neglected Pen upon this opportunity by Mr. Belcher to inform you that I am still alive, and well; that I am removed from Worcester to Braintree where I expect to live and die; and altho’ I have for a long time neglected to write you, I have never forgot to think frequently of you and to wish you all the Happiness that you deserve; no small Quantity truly! The...
262From John Adams to John Wentworth, October 1758 (Adams Papers)
Braintree, October? 1758. Printed: JA, Earliest Diary The Earliest Diary of John Adams , ed. L. H. Butterfield and others, Cambridge, 1966. , p. 64–65 . It is difficult to believe that this draft or retained copy was copied off and sent to Wentworth, because its first paragraph announces the same momentous personal news announced in the opening paragraph of the letter preceding, which is known...
263[October 1758] (Adams Papers)
Yesterday arrived here from Worcester. I am this Day about beginning Justinians Institutions with Arnold Vinnius’s Notes. I took it out of the Library at Colledge. It is intituled, D. Justiniani Sacratissimi Principis Institutionum sive Elementorum Libri quatuor, Notis perpetuis multo, quam hucusque, dilligentius illustrati, Cura & Studio, Arnoldi Vinnii J.C. Editio novissima priori Progressu...
264Braintree Octr. 5th. 1758. (Adams Papers)
Yesterday arrived here from Worcester. I am this Day about beginning Justinians Institutions with Arnold Vinnius’s Notes. I took it out of the Library at Colledge. It is intituled, D. Justiniani Sacratissimi Principis Institutionum sive Elementorum Libri quatuor, Notis perpetuis multo, quam hucusque, dilligentius illustrati, Cura & Studio, Arnoldi Vinnii J.C. Editio novissima priori Progressu...
265Fryday. Oct. 6. (Adams Papers)
Rose about sun rise. Unpitched a Load of Hay. Translated 2 Leaves more of Justinian, and in the afternoon walked to Deacon Webbs, then round by the Mill Pond home. Smoaked a Pipe with Webb at the Drs. and am now about reading over again Gilberts section of feudal Tenures.
266Saturday [7 October]. (Adams Papers)
Read in Gilbert. Rode with Webb to Mr. Cranche’s. Dined and drank Tea with him, and then home. Saturday night.
267Sunday [8 October]. (Adams Papers)
Read a few Leaves in Baxters Enquiry into the Nature of the human Soul. He has explaind with great Exactness, the Resistance, which Matter makes to any Change of its State or Condition, whether of motion or of Rest. The Vis Inertiae, the positive Inactivity of matter not barely its Inactivity, but its AntiActivity. For it not only is destitute of a Power of changing its state from Rest to...
268Monday Octr. 9. (Adams Papers)
Read in Gilberts Tenures. I must and will make that Book familiar to me.
269Tuesday [10 October]. (Adams Papers)
Read in Gilbert. I read him slowly, but I gain Ideas and Knowledge as I go along, which I dont always, when I read.
270Wednesday [11 October]. (Adams Papers)
Rode to Boston. Conversed with Ned Quincy and Saml., Peter Chardon &c. By the Way Peter Chardon is a promising Youth. He aspires, and will reach to a considerable Height. He has a sense of the Dignity and Importance of his Profession, that of the Law. He has a just Contempt of the idle, incurious, Pleasure hunting young fellows of the Town, who pretend to study Law. He scorns the Character,...
271Thurdsday [12 October]. (Adams Papers)
Examined the Laws of this Province concerning Pads, Cattle, fences &c. and read in Gilbert. This small volume will take me a fortnight, but I will be master of it. Pad: “A path, track; the road, the way. Orig. slang , now also dial.” ( OED The Oxford English Dictionary, Oxford, 1933; 12 vols. and supplement. ).
272Fryday [13 October]. (Adams Papers)
Read Gilbert. Went in the Evening to Coll. Quincys. Heard a Tryal before him, as a Justice between Jos. Field and Luke Lambert. The Case was this. Lamberts Horse broke into Fields Inclosure, and lay there some time, damage feasant. When Lambert found that his Horse was there he enters the Inclosure and altho Feild called to him and forbid it, waved his Hat, and Screamed at the Horse, and drove...
273Monday [16 October]. (Adams Papers)
Read a few Pages in Gilbert. I proceed very slowly.
274Tuesday [17 October]. (Adams Papers)
Read in Gilbert. Went to Monatiquot to see the Raising of the new Meeting House. No Observations worth noting. I have not Spirits, and Presence of mind, to seek out scenes of Observation, and to watch critically the Air, Countenances, Actions and Speeches of old men, and young men, of old Women and young Girls, of Physicians and Priests, of old Maids and Batchelors. I should chatter with a...
275Wednesday [18 October]. (Adams Papers)
Went to Boston. Bob Paine . I have ruined myself, by a too eager Pursuit of Wisdom. I have now neither Health enough for an active Life, nor Knowledge enough for a sedentary one. Quincy . We shall never make your great fellows. Thus Paine and Quincy both are verging to Despair. Paine . If I attempt a Composition, my Thoughts are slow and dull. Paine is discouraged, and Quincy has not Courage...
276Thurdsday [19 October]. (Adams Papers)
I borrowed yesterday of Quincy, the 1st Volume of Batista Angeloni’s Letters, and a general Treatise of naval Trade and Commerce as founded on the Laws and Statutes of this Realm in which those (Laws and Statutes I suppose) relating to his Majesties Customs, Merchants, Masters of Ships, Mariners, Letters of Marque, Privateers, Prizes, Convoys, Cruizers &c. are particularly considered and...
277Saturday [21 October]. (Adams Papers)
Rose with the sun. Brot up the Horse and took a Ride over Penns Hill, as far as John Haywards in a cold, keen, blustering N. Wester. Returned and breakfasted. I feel brac’d, as if the cold clear Air had given a Spring to the System.—I am now sett down to the Laws relating to naval Trade and Commerce. Let me inquire of the next Master of a Ship that I see, what is a Bill of Lading, what the...
278[Sunday 22 October]. (Adams Papers)
Conversed with Capt. Thatcher about commercial affairs.—When he receives a freight of Goods on board his Vessell, he signs 3 Bills of Lading (a Bill of Lading, by the Way, is a List of the several Articles, and the Receipt of them signed by the Master) two of which the Merchant keeps, and the other he incloses in a Letter to his Correspondent to whom he sends the Goods and sends it by the...
279Monday [23 October]. (Adams Papers)
Monday 23 October .
280Tuesday [24 October]. (Adams Papers)
Rode to Boston. Arrived about 1/2 after 10. Went into the Court House, and sett down by Mr. Paine att the Lawyers Table. I felt Shy, under Awe and concern, for Mr. Gridley, Mr. Prat, Mr. Otis, Mr. Kent, and Mr. Thatcher were all present and looked sour. I had no Acquaintance with any Body but Paine and Quincy and they took but little Notice. However I attended Court Steadily all Day, and at...
281Wednesday [25 October]. (Adams Papers)
Went in the morning to Mr. Gridleys, and asked the favour of his Advice what Steps to take for an Introduction to the Practice of Law in this County. He answered “get sworn.” Ego . But in order to that, sir, as I have no Patron, in this County. G . I will recommend you to the Court. Mark the Day the Court adjourns to in order to make up Judgments. Come to Town that Day, and in the mean Time I...
282Thurdsday [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...
283Friday, Saturday, Sunday, Monday [27–30 October]. (Adams Papers)
All Spent in absolute Idleness, or what is worse, gallanting the Girls.
284Tuesday [31 October]. (Adams Papers)
Set down, and recollected my self, and read a little in Van Muyden, a little in naval Trade and Commerce.
285From 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.
286[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...
287Wednesday [1 November]. (Adams Papers)
Read a little in Van Muyden, and a little in naval Trade and Commerce.
288Thurdsday [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.
289Sunday [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...
290Monday [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...
291[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,...
292[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...
293[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...
294[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...
295[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...
296[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...
297[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,...
298[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...
299[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...
300Marginalia 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 ,