1Adams’ 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...
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...
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...
Gridley. The Constables distraining for Rates. More inconsistent with English Rights and Liberties than Writts of assistance. And Necessity authorizes both. Thatcher. I have searched, in all the ancient Repertories of Prece dents, in Fitzherberts Natura Brevium, and in the Register (Q. what the Register is) and have found no such Writt of assistance as this Petition prays. I have found two...
5Adams’ “Abstract of the Argument”: Ca. April 1761 (Adams Papers)
On the second Tuesday of the Court’s sitting, appointed by the rule of the Court for argument of special matters, came on the dispute on the petition of Mr. Cockle and others on the one side, and the Inhabitants of Boston on the other, concerning Writs of Assistance. Mr. Gridley appeared for the former, Mr. Otis for the latter. Mr. Thacher was joined with him at the desire of the Court. Mr....
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,...
7Adams’ 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...
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...
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...
10Adams’ 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...
12Adams’ 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...
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....
14Adams’ 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
15Adams’ 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...
16Adams’ 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...
17Adams’ 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...
18Adams’ 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
19Adams’ 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...
20Adams’ 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
21Adams’ Notes of Authorities: Court of Vice Admiralty, Boston, 1768 (Adams Papers)
Grotius B. 2, Chap. 8, §. 2. How long Beasts Birds and Fishes, may be said to be no Body’s, admits of some Dispute. §. 3. “The Roman Lawyers say, We lose our Property in wild Beasts, as soon as ever they recover their natural Liberty: But in all other Things the Property acquired by Possession does not cease with the Loss of Possession. Nay it gives us a Right even to claim and recover our...
22Interrogatories for Doane: Court of Vice Admiralty, Boston, 1768 (Adams Papers)
1. Was you on Board a Whale Boat with Asa Nickerson, on or about the 21st. of June 1765, in the Streights of Bellisle, and to what Vessell did said Boat belong, and who was Master of said Vessell? 2. Did you see the said Asa Nickerson, strike any Whale or Whales, on or about that Time in said Streights, if you did in what manner, declare all you know herein. 3. How and from what Circumstances...
23Interrogatories for Gage: Court of Vice Admiralty, Boston, 1768 (Adams Papers)
Interrogatories In the Behalf of Lot Gage and Partners In the Case of Joseph Doane and others against him and Partners. 1st. Was you on a Whaling Voyage In the Streights of Bellisle on or about the 21st. of June 1765. 2. What Boat was you in and what Vessel did you belong to. 3. Do you remember that on or about that time there was a Whale Killed by Lot Gage and others the Property of which...
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...
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...
26Adams’ 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...
James Athern Esqr. Joshua Gardiner. Folger has entered and cleared Vessell I am concerned in to and from London. Commonly reputed a Custom House Officer at Nantucket. Have seen a Plantation Certificate signed by him, the Governor and Peleg Gardiner Naval Officer. Jno. Handcock Esqr. Cleared two Vessells that Deponent is concernd in for London, since the arrival of the Commissioners. And has...
The Affairs and Transactions of the Customs and Revenue, are very loose. Customs and Duties and subsidies, have from Time to Time been granted by Parliament to his Majesty and the Collection and Management of them has been committed by Parliament to his Majesty, in short the Crown seems to have been entrusted with a discretionary Power by the Parli of appointing as many Sorts of Officers and...
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...
30Adams’ 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...