271Tuesday. 24th. June. (Adams Papers)
Arose early, a very beautiful Morning. Zab. seems to make insufficient Distinctions between the Vowells. He seems to swallow his own Voice. He neither sounds the Vowells nor Articulates distinctly. The story of Yesterdays Tryal, spreads. Salisbury told my Uncle and my Uncle told Coll. Quincy. They say I was saucy, that I whipped the old Major, &c., that I ripped about the Law suits of this...
272Wednesday [25 June]. (Adams Papers)
Went out with the Coll., in his Canoe, after Tom Codd. Rowed down, in a still calm, and smooth Water, to Rainsford Island, round which we fished in several Places, but had no Bites. Then we went up the Island, and round the Hill. Upon the North Easterly side of the Hill, or Island, is a prodigious Bank or Head, which is perpetually washing away, with Rains and Tides. Heartley says it has been...
2731760. June 26. Thurdsday. (Adams Papers)
Feel indifferently well after my yesterdays walk and sail. I have begun to read the Spirit of Laws, and have resolved to read that Work, thro, in order and with Attention. I have hit upon a Project that will secure my Attention to it, which is to write in the Margin, a sort of Index to every Paragraph. JA had at least sampled the Spirit of Laws earlier; see Summer 1759 , above, and note 19 there.
274June 27th. Friday. (Adams Papers)
Read 100 Pages in the Spirit of Laws. Rambled away to a fine Spring in my Cozen Adam’s Land, which gushes thro a Crack in a large flat Rock and gurgles down in a pretty Rill. The Water is clear, sweet, and cool, and is supposed to have a very wholsome Quality, because it issues from a Mountain, and runs towards the North. What Physical Quality its northern Direction may give it, I know not. By...
275[July 1760] (Adams Papers)
Went to Town. Mr. Thatcher . You have read a great deal, Mr. Adams, in the Roman History, concerning the Modesty of Youth, and their Veneration of the Elders. Now I think these young Gentlemen had very little of that Modesty and Veneration, when they went in the face of Law and against the Remonstrances of all the Elders to act their Plays. Mr. Otis says there is no Limitation of Attachments....
276Tuesday. July 1st. 1760. (Adams Papers)
Went to Town. Mr. Thatcher . You have read a great deal, Mr. Adams, in the Roman History, concerning the Modesty of Youth, and their Veneration of the Elders. Now I think these young Gentlemen had very little of that Modesty and Veneration, when they went in the face of Law and against the Remonstrances of all the Elders to act their Plays. Mr. Otis says there is no Limitation of Attachments....
277Thurdsday July 3rd. 1760. (Adams Papers)
Read pretty diligently in the Spirit of Laws.—Hayden’s Consultation suggested the following Questions. Q. Is there any Method of compelling a Grantor to give a new Deed when the Deed he has executed before happens to be burned or lost?—Q. May an Agreement in Writing without seal, or by Parol only be given in Evidence against a Bond sealed and delivered? After Confession of the Forfeiture of...
2781760. Saturday July 5th. (Adams Papers)
Last Night Cranch explained to me, the Water Works in the River Thames which convey water, all round the City of London. There is first, a long water Wheel, like the Water Wheel of some saw Mills, which is carried round by the River. On the End of the Axis of this water Wheell are Coggs, which carry round a cogg Wheel. This Cogg wheel has upon the End of its Axis, a Number of Cranks and each...
279July 6th. Sunday. (Adams Papers)
Heard Mr. Mayhew of Martha’s Vineyard.
280July 9th. Wednesday. (Adams Papers)
Gould has got the story of White and Bowditch.
281Saturday [12 or 19 July]. (Adams Papers)
I find upon Examination, that a Warrant of Attorney given by an Infant is void; so that, if you intend during your Apprentices Absence, to put the Note you mentioned to me in suit, or to sue for the Detention of the Province Note, or any other wise to prosecute your Right, the only Way I can think of is, for the Lad to elect your father for his Guardian and see to procure the Judge of Probates...
282Sunday Morning [13 or 20] July 1760. (Adams Papers)
The week before last Salome Pope appeared before Coll. Quincy, to confess herself with Child, by Jos. Ryford. Her Intention was to complain against Jos. Ryford and charge him before the Justice with being the father of the Bastard Child with which she is now pregnant. Now what Occasion for taking her Examination upon Oath?—By the Province Law. Here a line is drawn across the page in the MS and...
283Fryday July 25th. (Adams Papers)
We contend that the Plaintiffs ought to recover nothing on this Bond, because according to the original Agreement it is paid. The Case was this. The Plaintiffs about 15 years ago conveyed to one Tower, a Tract of Land, containing with such and such Boundaries, 30 Acres. And the present Defendants became jointly bound with the Grantee for the Money, which was £750, for which they gave 8 or 10...
2841760. July 26. (Adams Papers)
This Bond has been at least once and an half, if not twice, paid. The Case is this. About 15 Years ago, the Plaintiffs sold a tract of Land, containing 30 Acres, within such and such Boundaries, to one Tower, for 750£, and He together with the present Defendants became jointly bound to the Plaintiffs, in 10 different Bonds, of which this is one, for the Payment of the Money. But in the Time of...
285[August 1760] (Adams Papers)
Hollis has appealed. If he prosecutes his Appeal, he shall be paid. I believe there never was an Action in this Court where more Instances of Ignorance, Negligence and Inattention appeared on one side, and of Artifice, Secresy and Guile I must say Guile on the other, since it was erected. Let me draw a Picture of the Defendants stupidity, and of Plaintiffs Knavery. Neglect to acknowledge the...
286August 3d. 1760. (Adams Papers)
Hollis has appealed. If he prosecutes his Appeal, he shall be paid. I believe there never was an Action in this Court where more Instances of Ignorance, Negligence and Inattention appeared on one side, and of Artifice, Secresy and Guile I must say Guile on the other, since it was erected. Let me draw a Picture of the Defendants stupidity, and of Plaintiffs Knavery. Neglect to acknowledge the...
2871760. Aug. 9th. (Adams Papers)
Drank Tea at Coll. Quincys, with Coll. Gooch and Dr. Gardiner. I see Gooch’s fiery Spirit, his unguarded Temper. He Swears freely, boldly. He is a Widower, and delights to dwell, in his Conversation, upon Courtship and Marriage. Has a violent aversion to long Courtship. He’s a fool, that spends more than a Week, &c. A malignant Witt. A fiery, fierce outragious Enemy. He quarrells with all Men....
2881760. Aug. 12th. (Adams Papers)
Remonstrated at the sessions vers. Licensing Lambard, because the select Men had refused to approbate him, because he never was approbated by the select men, to keep a Tavern in the House he now lives in, because there are already 3 and his would make 4 Taverns besides Retailers, within 3/4 of a Mile, and because he obtained a License from that Court, at April sessions, by artfully concealing...
2891760 Aug. 19th. (Adams Papers)
I began Popes Homer, last Saturday Night was a Week, and last Night, which was Monday night I finished it. Thus I found that in seven days I could have easily read the 6 Volumes, Notes, Preface, Essays, that on Homer, and that on Homers Battles and that on the funeral Games of Homer and Virgil &c. Therefore I will be bound that in 6 months I would conquer him in Greek, and make myself able to...
290[September 1760] (Adams Papers)
Ephraim Jones, being a Widower and having two Children by a former Wife marries another, and soon after dies, leaving a Widow, and the two Children, mentioned before. The Widow takes one third of the personal Estate, for ever, and is endowed of one third of the real Estate, which she lets out to one Tower, as we say to the Halves. Tower breaks up, and plants 1/2 a dozen Acres of the Land with...
2911760. Septr. 24th. (Adams Papers)
Ephraim Jones, being a Widower and having two Children by a former Wife marries another, and soon after dies, leaving a Widow, and the two Children, mentioned before. The Widow takes one third of the personal Estate, for ever, and is endowed of one third of the real Estate, which she lets out to one Tower, as we say to the Halves. Tower breaks up, and plants 1/2 a dozen Acres of the Land with...
292Septr. 24th. 1760. (Adams Papers)
If I am the Proprietor of an House, and I lease it to any Man, and bind my self to keep it in Repair, it is reasonable and it is Law, that I should have a Rent. So if I am the owner of a ship, and I let it out on a Voyage to the Wist Indies or to Europe it is reasonable, and the maritime Law has made provision that I should have freight. For the sum of Money, that an House or a Ship would...
293[October 1760] (Adams Papers)
Waited on Mr. Gridley for his Opinion of my Declaration Lambard v. Tirrell, and for his Advice, whether to enter the Action or not. He says the Declaration is bad and the Writ, if Advantage is taken, will abate. For It is a Declaration on a Parol Lease, not on a Deed, and therefore the Lessee’s Occupancy ought to be sett forth very exactly, for it is his Occupancy, not any Contract, that...
294Octr. 7th. 1760. (Adams Papers)
Waited on Mr. Gridley for his Opinion of my Declaration Lambard v. Tirrell, and for his Advice, whether to enter the Action or not. He says the Declaration is bad and the Writ, if Advantage is taken, will abate. For It is a Declaration on a Parol Lease, not on a Deed, and therefore the Lessee’s Occupancy ought to be sett forth very exactly, for it is his Occupancy, not any Contract, that...
2951760. Oct. 9th. (Adams Papers)
In Support of Complaint in Case Neal’s Action is not entered. I do not know, nor is it possible for your Honours to determine, what Reason induced the Plantiff to renounce this suit. Whether it was, because the Estate is insolvent, or because he had no Cause of Action, or because his Action was mislayed, or because his Writ was bad, which by the Way is very probable, considering who drew it,...
2961760. Oct. 11th. (Adams Papers)
Neals Action is entered so that I have two Actions to defend by Pleas in Bar and three of the Actions I entered, are to be defended, Clark is to Plead in Abatement and Tirrell and Thayer are, I suppose, to plead to issue. Clark gave a Note of Hand to Captn. Brackett in his Life time, and after his Death, on a Reckoning with the Administratrix, a Ballance was found due to the Estate upon Book,...
2971760. Octr. 13th. Monday. (Adams Papers)
Attended Mr. Niles’s Court this morning for John Holbrook Junior in an Action of his against Benja. Thayer Junior. Holbrook agreed with Thayer, to submit all Demands together with both Actions to 3 men. Mr. Niles told me, that he consulted Mr. Thatcher about entering his Action against Mrs. Brackett. Thatcher told him, it was as likely that she would recover Costs against him, as that he would...
2981760. Octr. 17th. (Adams Papers)
What are the Questions, on which Mrs. Bracketts Bars to Danas Actions turn?—The first Question is, whether any Action at all can be maintained vs. the Administrator of an Insolvent Estate excepting for Debt due to the Crown, for sickness and funeral Charges? And the second is, whether an Action brought before the Representation of Insolvency, can be maintained, i.e. Whether an Administrator,...
2991760. Oct. 17. (Adams Papers)
In the Beginning of May 58 Mr. Lambard, the Plantiff, gave a Lease of a House and Barn and Land in Germantown mentioned in the Writ to the Defendant Mr. Tirrell, and this Lease you will have with you. You will find by it, that Tirrill was to give illegible initial &c. the same Rent, that is sued for, in the present Action. In May 1759, i.e. at the End of the Year, Mr. Lambard went into the...
300[November 1760] (Adams Papers)
Dana says the Administrator ought not to regard the Disgrace or Trouble or Expence of a Commission of Insolvency, but if it is in the least degree suspicious, that the Estate will not prove sufficient, he must represent it so, at his first Appointment i.e. every Day, that he takes to enquire into the Value of the Estate, and the Number of Debts, is at the Risque of the Creditors, and if any...
301[3] Novr. 1760. Monday. (Adams Papers)
Dana says the Administrator ought not to regard the Disgrace or Trouble or Expence of a Commission of Insolvency, but if it is in the least degree suspicious, that the Estate will not prove sufficient, he must represent it so, at his first Appointment i.e. every Day, that he takes to enquire into the Value of the Estate, and the Number of Debts, is at the Risque of the Creditors, and if any...
302Nov. 5th. 1760. (Adams Papers)
I presume upon the common sense of the World that no offence will be taken at the Freedom of the following Sentiments while the utmost Deference for Authority and Decency of Language is preserved, as Persons of obscure Birth, and Station, and narrow Fortunes have no other Way, but thro the Press to communicate their Tho’ts abroad, either to the high or the low. The Vacancy, in the highest seat...
303Novr. 14th. 1760. (Adams Papers)
Another Year is now gone and upon Recollection, I find I have executed none of my Plans of study. I cannot Satisfy my self that I am much more knowing either from Books, or Men, from this Chamber, or the World, than I was at least a Year ago, when I wrote the foregoing Letter to Sewal. Most of my Time has been spent in Rambling and Dissipation. Riding, and Walking, Smoking Pipes and Spending...
3041760. Novr. 14th. Friday. (Adams Papers)
I am just entered on the 26th Year of my Life, and on the fifth Year of my studies in Law, and I think it is high Time for a Reformation both in the Man, and the Lawyer. 25 Years of the Animal Life is a great Proportion to be spent, to so little Purpose, and four Years, the Space that we spend at Colledge is a great deal of Time to spend for no more Knowledge in the science and no more...
3051760. Novr. 14. Friday. (Adams Papers)
The Title is “The History of the Common Law of England.” The Frontispiece, I cannot comprehend. It is this. Ἰσχυρον ὁ ΝÓ ΜΟΣ έσ τ ὶν ἄρχοντὰ His great Distribution of the Laws of England is into Leges scriptae and Leges non scriptae. The first are Acts of Parliament which are originally reduced to writing before they are enacted, or receive any binding Power, every such Law being in the first...
3061760. Novr. 15th. Sat. (Adams Papers)
Spent last Evening at Coll. Quincys, with Coll. Lincoln. Several Instances were mentioned, when the Independency and Superiority of the Law in general over particular Departments of officers, civil and military, has been asserted and maintained, by the Judges, at Home. Ld. Cokes Resolution in the Case of —— in oposition to the opinion, and even to the orders, and passionate Threatnings of the...
3071760. Novr. 19th. (Adams Papers)
Parson Smith says the Art of Printing like most other Arts, and Instruments, was discovered by Accident. Somebody, at an idle Hour, had whitled his Name, cut his Name out in the Bark of a Tree. And when his Name was fairly cut out, he cut it off and put it into his Hankerchief. The Bark was fresh, and full of Sap, and the Sap colored his Hankerchief, i.e. printed his Name upon it. And from...
308Wednesday [19 November]. (Adams Papers)
Dined at Badcocks, with McKenzie. He pretends to Mechanicks, and Manufactures. He owns the snuff Mill, and he is about setting up some Machine to hull our Barley. One Welsh dined with us, who he said was the best, most ingenious Tradesman, that ever was in this Country. McKenzie and Welsh were very full of the Machinery, in Europe, the Fire Engines, the Water Works, the silk Machines, the Wind...
3091760. Novr. 21st. Friday. (Adams Papers)
This day has been spent to little Purpose. I must confine my Body, or I never shall confine my Tho’ts. Running to Drs., cutting Wood, blowing fires, cutting Tobacco, waste my Time, scatter my Thoughts, and divert my Ambition. A Train of Thought, is hard to procure. Trifles light as Air, break the Chain, interrupt the series.
3101760. Novr. 21st. Friday. (Adams Papers)
Finished the History of the Common Law, the second Time. The Dissertation on hereditary Descents, and that on Tryals by Juries, are really, very excellent Performances, and well worth repeated, attentive Reading. This, the second entry so dated, is from D/JA/4, JA ’s fragmentary record of studies.
311[November] 1760. (Adams Papers)
Pater was in a very sociable Mood this Evening. He told 3 or 4 merry stories of old Horn. Old Horn, a little crooked old Lawyer in my fathers Youth, who made a Business of Jest and Banter, attacked an old Squaw one Day upon the Neck. The old Squaw made answer, “You poor smitten Boy, you with your Knife in your Tail and your Loaf on your Back, did your Mother born you so?” A Man, whom he...
312Novr. 25th. 1760. (Adams Papers)
Rode to the Iron Works Landing to see a Vessell launched. And after Launching went to smoke a Pipe, at Ben. Thayers, where the Rabble filled the House. Every Room, kitchen, Chamber was crowded with People. Negroes with a fiddle. Young fellows and Girls dancing in the Chamber as if they would kick the floor thro. Zab Hayward, not finding admittance to the Chamber, gathered a Circle round him in...
3131760. Novr. 26th. Wednesday. (Adams Papers)
Ten days are now elapsed, since I began Hale the 2d time, and all the Law I have read, for 10 days, is that Book once thro. I read Woods Institute thro the first Time with Mr. Put. in twice that time i.e. in 3 Weeks, and kept a school every day. My present Inattention to Law is intolerable and ruinous. This entry and those that follow, through 1 Dec. 1760 , are again from D/JA/4, JA ’s record...
3141760. Novr. 26th Wednesday. (Adams Papers)
Night before Thanksgiving.—I have read a Multitude of Law Books—mastered but few. Wood. Coke. 2 Vols. Lillies Ab ridgmen t. 2 Vols. Salk eld’s Rep orts . Swinburne. Hawkins Pleas of the Crown. Fortescue. Fitzgibbons. Ten Volumes in folio I read, at Worcester, quite thro—besides Octavos and Lesser Volumes, and many others of all sizes that I consulted occasionally, without Reading in Course as...
3151760 Novr. 28th. Friday. (Adams Papers)
I have not read one Word of Law, this Day. But several Points, and Queries have been suggested to me, by the Consultors.—In whom is the Fee, and Freehold of our burying Yard? What Right has any Man to erect a Monument, or sink a Tomb there, without the Consent of the Proprietors? In England, the Church Yards are the Places of Burial, and the Parson is seised in fee, of them as of the Ground...
3161760. Novr. 29th. Saturday. (Adams Papers)
Read no Law.—An exclusive Property is certainly claimed and enjoyed, by private Persons, in Tombs and Monuments, as well as in Pews. Inhabitants of other Towns, have usually asked Leave of the Select Men, to bury their dead in our burying Place. But I should think the Precinct Assessors, or Parish Committee, had rather the Inspection of our burying Yard. My Father never knew License given nor...
317Novr. 30th. Sunday. (Adams Papers)
Read no Law. Read Bolinbroke.
318[December 1760] (Adams Papers)
I am beginning a Week and a month, and I arose by the Dawning of the Day. And by sun rise had made my fire and read a number of Pages in Bolinbroke. Tuesday and Wednesday passed, without reading any Law. There are no further entries in D/JA/4, JA ’s record of studies, until 27 Jan. 1761 . Spent the Evening at Coll. Q.’s with Captn. Freeman. About the middle of the Evening Dr. Lincoln and his...
3191760. Decr. 1st. Monday. (Adams Papers)
I am beginning a Week and a month, and I arose by the Dawning of the Day. And by sun rise had made my fire and read a number of Pages in Bolinbroke. Tuesday and Wednesday passed, without reading any Law. There are no further entries in D/JA/4, JA ’s record of studies, until 27 Jan. 1761 .
3201760. Decr. 2d. (Adams Papers)
Spent the Evening at Coll. Q.’s with Captn. Freeman. About the middle of the Evening Dr. Lincoln and his Lady came in. The Dr. gave us an ample Confirmation of our Opinion of his Brutality and Rusticity. He treated his Wife, as no drunken Cobler, or Clothier would have done, before Company. Her father never gave such Looks and Answers to one of his slaves in my Hearing. And he contradicted he...