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...
321Decr. 6th. 1760. (Adams Papers)
Talked with Zab about Newton, Bacon, Lock, Martin, Chambers, Rowning, Desaguliers, S’Gravesende &c. I told him I had a low Opinion of the Compilers, Abridgers, and Abstract makers. We had better draw science from its fountain in original Authors. These Writers, the Hirelings of the Booksellers, only vend us the Discoveries of other Philosophers, in another form, and under another Title, in...
3221760. Decr. 8. (Adams Papers)
Began Machiavells Machiavell The illegible word begins with “D” but is not “Discourses.” JA ’s lining out is careless; it is possible that he intended to leave “Began Machiavell” as the entry for this day.
323Decr. 14th. 1760. (Adams Papers)
Hunt v. White. Complaint to Coll. Quincy—of a scandalous Lye, made and published to Hunts Damage. We appear before your Honour to complain of a very slanderous, and malicious Lye, made and published to our Damage. We complain of a Violation of the Law of this Province against Lying and Libelling. The Law runs thus.—If any Person &c. shall wittingly and willingly make or publish any Lye or...
3241760. Decr. 16th. Tuesday. (Adams Papers)
Attended the Tryal all day, between Hunt and White before Coll. Quincy, at James Bracketts. What will be the Consequence of this Tryal? to me, to Hunt, and to White? White has been punished, for his licentious Tittle tatle, but Hunt has gained neither Recompence nor Credit. Benja. Thayer is enraged and Prat and Pitty Pettee were enraged at me for abusing them, by asking them their Thoughts....
3251760 Decr. 18th. Thurdsday. (Adams Papers)
Yesterday spent in Weymouth, in settling the Disputes between old Thos. White and young Isaac French. White has the Remainders of his habitual Trickish lying, cheating Disposition, strongly working to this Day—an infinity of jesuitical Distinctions, and mental Reservations. He told me he never lost a Cause at Court in his Life—which James White and Mr. Whitmarsh say is a down right Lye. He...
3261760. Decr. 18. (Adams Papers)
Justice Dyer says there is more Occasion for Justices than for Lawyers. Lawyers live upon the sins of the People. If all Men were just, and honest, and pious, and Religious &c. there would be no need of Lawyers. But Justices are necessary to keep men just and honest and pious, and religious.—Oh sagacity! But, it may be said with equal Truth, that all Magistrates, and all civil officers, and...
3271760. Decr. 18th [i.e. 19th?] Fryday. (Adams Papers)
I am an old Man seventy odd, and as I had my Education, so I have passed my whole Life in the Country , &c. This is the third entry the diarist dated 18 Dec., but since 19 Dec. 1760 fell on a Friday, an editorial correction seems justified. JA went on with the present canceled draft in an entry conjecturally assigned to Jan. 1761 (p. 190–192, below).
3281760. Decr. 22nd. Monday. (Adams Papers)
This day and Tomorrow are the last. I have but one Blank left that I can use.
3291760. Decr. 27th. Saturday. (Adams Papers)
Governor Bernards Speech to the two Houses, at the opening of the present sessions, has several Inaccuracies in it. “The glorious Con clusion of the North American War.”—The N. American War is not yet concluded, it continues, obstinate and bloody, with the Cherokees, and will be renewed probably, against the french in Louisiana. However with Regard to this Province, whose Legislature, the...
330[January 1761] (Adams Papers)
The Representatives in their Address to the Governor, have told him that “Great Britain is the leading and most respectable Power in the whole World.” —Let us examine this.—Is she the Leading Power, either in War or Negociation?—In War? She has no Army, not more than 50 or 60 thousand Men, whereas France has a standing Army, of 250, 000 men in Camp and in Garrison. And their officers are as...
331Jany. 2nd. 1760 [i.e. 1761]. Fryday. (Adams Papers)
The Representatives in their Address to the Governor, have told him that “Great Britain is the leading and most respectable Power in the whole World.” —Let us examine this.—Is she the Leading Power, either in War or Negociation?—In War? She has no Army, not more than 50 or 60 thousand Men, whereas France has a standing Army, of 250, 000 men in Camp and in Garrison. And their officers are as...
3321760 [i.e. 1761]. Jany. 2nd. Friday. (Adams Papers)
Nathl. Bayley Administrator v. Nathll. Niles.—Plea in Abatement. Defendant lives on the Castle, within the Town of Boston but is called of Braintree. It seems he was born in Braintree, owns a House And Land in Braintree, and for about six Weeks past his Wife and family have lived in Braintree. The Question is therefore whether his Non Residence is a good Plea? He has not lived in Town these...
333Jany. 8th. 1761. (Adams Papers)
Last Monday, had a passionate Wrangle, with Eb. Thayer, before Major Crosby. He called me, a petty Lawyer. This I resented. The Defendant Niles appeared by 10 o’clock, and had his Costs allowed, is:6d, for attendance, but nothing for Travel, tho he lived 8 miles off. Upon the first Appearance of the Defendants Daniel White, and Neh. Hayden, the Justice pronounced that they should have no...
334[January? 1761.] (Adams Papers)
I am an old Man, seventy odd, and as I had my Education, so I have spent my whole Life, a few months Weeks in a Year excepted, when I commonly took a Journey, in the Country. I was naturally inquisitive, and a little too talkative, in my Youth, which Qualities have perhaps increased with my Age, but as I remember, I used to swear at the vanity and Impertinence of old Nestor whose Speeches I...
3351761. Tuesday Jany. 27th. (Adams Papers)
Last Fryday I borrowed of Mr. Gridley, the second Volume of the Corpus Iuris Canonici Notis illustratum. Gregorii 13 Iussi editum.— complectens Decretum Gratiani. Decretales Gregorii Papae 9. Sextum Decretalium Bonifacii Papae 8. Clementinas, Extravagantes Ioannis Papae 12. Extravagantes communes.— Accesserunt Constitutiones Novae summorum Pontificum, nunquam antea editae, quae 7. Decretalium...
336[February 1761] (Adams Papers)
I have now almost finished the first book of Peter Lancelotts Institute, which first Book is taken up De Jure Personarum, and is well analized in the 29th Title De Clericis non Residentibus, in these Words vizt. “Personarum quidam Laici sunt, quidam Clerici. Rursus Clericorum, quidam sunt in Sacerdotio constituti, quidam in sacris, licet non in sacerdotio, quidam nec in sacris, nec in...
3371761. Friday [6] Feby. (Adams Papers)
I have now almost finished the first book of Peter Lancelotts Institute, which first Book is taken up De Jure Personarum, and is well analized in the 29th Title De Clericis non Residentibus, in these Words vizt. “Personarum quidam Laici sunt, quidam Clerici. Rursus Clericorum, quidam sunt in Sacerdotio constituti, quidam in sacris, licet non in sacerdotio, quidam nec in sacris, nec in...
3381761 Monday. Feby. 9th. (Adams Papers)
This morning, as I lay abed, I recollected my last Weeks Work. I find I was extreamly diligent, constantly in my Chamber, Spent no Evenings abroad, not more than one at the Drs. Have taken no Walks, never on Horseback the whole Week, excepting once, which was on Tuesday, when I went to Boston. Yet how has this Retirement, and solitude been spent? In too much Rambling and Straggling from one...
3391761. Feb. 9th. (Adams Papers)
His Majesty has declared him self, by his Speech to his Parliament to be a Man of Piety, and Candor in Religion, a friend of Liberty, and Property in Government, and a Patron of Merit. “The Blessing of Heaven, I devoutly emplore”—“as the surest Foundation of the whole, (i.e. the Loyalty and affection of his People, his Resolution to strengthen the Constitution, the civil &c. Rights of his...
340[March 1761] (Adams Papers)
Mem. To enquire of Tufts, Gould, Whitmarsh, Hunts, Whites, &c. about their Method of mending High Ways by a Rate. And to enquire at Worcester, whenever I shall get there of Chanlers, Putnam, Willard, Paine, Swan &c. about their Method. They mended their Ways by a Rate, I am sure. Saml. Clark, Jo. Field, Eb. Newcomb Danl. Nash, the Mirmidons of Thayer. Luke Lambard, Ben Hayden, Saml. Clark &c....