Warninig. Shurtleffe. J. Mar shall went from Plym pton to Mid dleborough 21. Dec. 1753. Mr. Josiah Marshal. Came to Plymp ton Augt. 1747 till 20th Novr. 1753. Then to Midd leborough , returned to Ply mpton 7th July 1758. Was Grammar School Master at Midd leborough . I went to Pembroke 4 yr. ago and kept school there 2 yr. and 2 months.
92Editorial Note (Adams Papers)
In August 1768, William Dix, a pauper, was removed from Boston to Chelsea by virtue of the warrant of John Hill, a Boston justice of the peace. The selectmen of Chelsea petitioned the Suffolk General Sessions in April 1769 for his return to Boston and for reimbursement of their expenses in his behalf. The petition, which was drafted by John Adams and is printed below, urged that Dix was not an...
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...
94Editorial Note (Adams Papers)
The constable of Roxbury had conveyed John Chaddock (alias Chadwick, Chattuck, or Shattuck), his wife, three children, and assorted household goods, to Brookline in January 1767, pursuant to a warrant of removal issued by a Roxbury justice of the peace. In 1760 the selectmen of Roxbury had warned a John Chaddock, or Chadwick, and family, out of the town after a two months’ stay. They now...
95Adams’ 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...
96Adams’ 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...
97Record: Suffolk Court of General Sessions, Boston, November 1768 (Adams Papers)
The Petition of the Selectmen of the Town of Brookline in the county of Suffolk, setting forth that on the thirtieth day of January 1767 the worshipful Joseph Williams Eqr. issued a warrant in these words, vizt., Suffolk Ss. Complaint being made to me the Subscriber, one of his Majestys Justices of the peace for said county, by Mesrs. John Child, Aaron Davis, and Eleazer Weld, Gentlemen and...
1767 Dr. Jan. 30 To Isaac Gardner Esqr. for boarding Jno. Shattuck and wife 3 days to two mens watching and Attendance 18 Feby. To 2 days spent upon said Shattuck account 8 To 1 Day Ditto 3 6 To Deacon Ebenr. Davis for supplying to said Shattuck family 5 8 To keeping said Shattuck’s horse 18 days 7 8 To cash to said Shattuck’s wife 6
99Writ of Certiorari: Suffolk Superior Court, Boston, July 1769 (Adams Papers)
To our trusty and well beloved Samuel Welles Esqr. first Justice of our Court of General Sessions of the peace for the said county, Greeting. Willing for certain causes to be certified of the Record of the process Order and Sentence of a Court of general Sessions of the peace held at Boston in and for said county by adjournment on the seventh day of November last, upon a petition of the...
100Fitch’s Assignment of Errors: Suffolk Superior Court, Boston, March 1770 (Adams Papers)
In the Case of the Select-Men of the Town of Brooklyn against the Town of Roxbury heard and adjudged at the Court of General Ses sions of the Peace held at Boston in and for the County of Suffolk by Adjournment on Monday the Seventh Day of November A.D. 1768. The Errors assigned by the Select-Men of the Town of Roxbury, which appear by the Records and Proceedings of said Court in said Case,...
101Editorial Note (Adams Papers)
The jurisdiction of the Court of General Sessions of the Peace in cases of bastardy originated in its role as a conservator of public morals. The effect of bastardy proceedings, however, was less to punish the guilty than to provide for the support of the innocent and save the town from charge; thus they may properly be viewed as a phase of the court’s administrative powers in welfare matters....
102Jane Dotey’s Examination: Plymouth, 6 July 1769 (Adams Papers)
Plymouth Ss. The Information of Jane Doty now Residing in Duxborough single woman taken before me Gamaliel Bradford Esqr. one of his Majestys Justices of the Peace for the said County this Eighth Sixth Day of July 1767. Q. Are you now with Child. A. Yes. Q. Who is the father of the Child you are now Big with. A. Mannuel Essane of Marshfield servant to Rouse Bourne Between on the Seventeenth...
103Record: Plymouth Court of General Sessions, Plymouth, December 1767 (Adams Papers)
Plymouth Ss. At his Majesty’s court of general sessions of the peace, began and held at Plymouth within and for the county of Plym outh on the second tuesday of december being the eighth day of said month, in the eighth year of our Sovereign Lord George the third by the Grace of God of Great-Britain, France and Ireland, King, Defender of the Faith, &c. annoque Domini 1767. Jane Doten Dotey a...
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...
105Reasons for the Judgement: Plymouth Superior Court, May 1768 (Adams Papers)
Order’d that the aforesaid Judgment and proceedings of the Court of General Sessions of the peace be quash’d—1st. Because it doth not appear in the Record aforesaid where the Child aforesaid was born. 2. It appears by the Record aforesaid that the aforesaid Judgment was founded on the Oath of the said Jane and on that only. 3. The said Manuel is ordered to recognize in £40 with Sureties to...
106Editorial Note (Adams Papers)
This was a proceeding at the Middlesex General Sessions for September 1768, in which Lydia Gage accused Josiah Headley of being the father of her bastard child. Adams’ docket for this term shows that he took Headley’s case and that he “rec’d £1 4s. at one Time and 12s. more at another.” Adams did not note the result, however, and, although some of the files of the case have survived, the...
107Adams’ 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...
108Editorial Note (Adams Papers)
Ann Josselyne of Marlborough claimed that John Harrington of the same town was the father of her illegitimate child born in June 1768. At the Middlesex General Sessions, Concord, September 1769, she was fined five shillings for fornication, and her accusations were tried. After hearing evidence and the oath of the complainant that Harrington was the father, the court ordered him to pay support...
109Record: Middlesex Court of General Sessions, Concord, September 1769 (Adams Papers)
At a Court of General Sessions of the Peace begun and Held at Concord within and for the County of Middlesex on the Second Tuesday of September being the twelfth Day of said Month Annoque Domini 1769. John Harrington of Marlborough in the County of Middlesex Husbandman being bound by Recognizance for his Appearance at this Time to answer to the Complaint of Anna Josslin of Marlborough...
110Fitch’s Assignment of Errors: Middlesex Superior Court, Cambridge, October–November 1769 (Adams Papers)
In the Case of Ann Jocelin against John Harrington heard and Adjudged at the Court of General Sessions of the Peace held at Concord within and for the County of Middlesex on the Second Tuesday of September in the Year of our Lord 1769. The Errors Assigned by the said John on the Certiorari are as follows vizt. 1. It doth not Appear by the Record of the Judgment or Sentence of said Court of...
111Adams’ 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...
112Editorial Note (Adams Papers)
On 25 July 1768 the legally qualified voters of Rowley’s West Parish met to determine how the parish would dispose of its old meetinghouse and erect a new one on a different plot. Following the procedure prescribed for town meetings, they first chose a moderator, Deacon Richard Thurston. Before the meeting could proceed further, however, someone questioned the qualifications for voting of one...
113Adams’ 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...
114Editorial Note (Adams Papers)
Two leading natural resources of the North Shore, clams and salt-marsh hay, provided the stakes in this unusual trespass action. The land in question lay largely under water in what was then Chebacco Parish, Ipswich, and is now a part of the town of Essex, apparently in the area known today as Cross Island, near the mouth of the Essex River. Ipswich people, and those from neighboring...
115Adams’ 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...
116Editorial Note (Adams Papers)
Redevelopment of Boston’s North End is not a wholly modern phenomenon or problem. In the case which follows, Adams represented two housewrights and two bricklayers in an action of trespass brought by Jacob Emmons, alleging that on 30 April 1767 they “with force and arms . . . broke and entered the plaintiff’s Close” and “did then and there break down and erase to the foundation the brick walls...
117New 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...
118Adams’ 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...
119Editorial Note (Adams Papers)
In these cases the defendants stood accused of violating province laws forbidding interference with the upstream spawning run of alewives. Under the statutes, an action was to be brought in the name of a private citizen on a qui tam basis; that is, upon conviction, the penalty sued for would be divided between the informer-plaintiff and the poor of the town where the offense had been...
120Adams’ 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...