Original manuscript from the Royall Tyler Collection,
gift of Helen Tyler Brown, Vermont Historical Society.
HARVARD COLLEDGE JUNE 8TH.
At Colledge. A Clowdy,
Dull morning, and so continued till about 5 a Clock, when it began to rain
moderately But continued not long, But remained Clowdy all night in which night I watched with Powers .
At Colledge, the weather still remaining Clowdy all Day, till 6 o'Clock, when the Clowds were Dissipated, and the sun brake forth in all his glory.
At Colledge a clear morning. Heard Mr.
Appleton expound those words in I.Cor.12 Chapt. 7 first verses, and in
the afternoon heard him preach from those words in 26 of Mathew 41 verse, watch
and pray that ye enter not into temptation.
At Colledge, a fair morning, and pretty warm.
About 2 o'Clock there appeared some symptoms of an approaching shower, attended
with some thunder, and lightning.
At Colledge, a Clowdy
morning, heard Dr. Wigglesworth Preach from the 20 Chapter of
exodus 8, 9 and 10th. Verses.
At Colledge, a Cloudy morning, about 10 o'Clock
the Sun shone out very warm, but about 12 the heat was, in part, allayed By the
rising of the wind.
At Colledge, a Clear, warm, morning But about 2
o'Clock came up a very hard shower, acompanied with some thunder and
At Colledge, a Clear, warm morning, and so
At Colledge, a fair morning, but, not very
At Colledge, sunshiny -- morning,
heard Mr. Appleton expound those words in I. Cor. 12 Chap. from
7, to the end of 11 verse, in the afternoon heard him preach from the first
Psalm, and first verse.
At Colledge, a warm morning, at 11 'Clock read
Theses on this question, (viz) antliarum et siphonum phaenomina solvuntur ex
At Colledge, a very warm morning, at 11 Disputed
on this question (viz) systema Copernicanum est verum mundi systema.
, a most Charming and Beautifull
Scene is this morning displayed. All nature
wears a Chearfull
garb, after so plentifull
a Shower as we were favoured
with the Last night, receving an additionall lustre
sweet influences of the Sun. -- This Day, I (in the religious Phylosopher
) read the following experiment, (viz)
that the filings of iron, mix'd with sulphur and kneaded to a Dough By the addittion
of Cold water will in a few hours Become warm,
and at last Be set on fire. Which is undoubtedly true, and if so I think that
it affords a very probable method of solving the phnomina
of subterraneous fires. For it is highly
probable that there are abundance of the particles of iron, Sulphur, and water
which, (By the flux of water perhaps in the subterraneous Caverns,) may Be
Brought together, and then it appears By the precedent experiment, that this
effect (viz a fire) will Be produced. At 2 o'Clock heard Mr. Winthrop's
lecture in the Hall, in which he
was employed in evincing the sphroidall
form of the earth, which he Did, from
the vibrations of pendula, the precession of the a equinox, and from actual
mensuration of Degrees at the quinox
poles. -- After which I extracted the following Hydrostatical Laws from the
(viz) 1st: if a Body is to
be Carried upwards in any liquor, an equall
said liquor must gravitate or weigh more than such a Body.
that in order to Cause a Body to sink in a liquor, an equal Bulk of said liquor
must weigh less than the Body. 3rdly. if you would have the Body, neither to
rise or fall But preserve it's place in any part of the liquor, an equal
quantity of the said liquor must weigh equally with the Body.
At Colledge, a warm morning, and Something windy,
about Sunset Came up a very hard shower attended with some Thunder, and very
At Colledge, a Charming, pleasant morning,
read Dr. Niewentyts Demonstration Concerning the rays of light
emitted from a Burning Candle in a second of time, which he Computes to Be
418660 39 Particles.
At Colledge, a Clowdy morning, and in the afternoon, Came up a Clowd of thunder and lightning. Towards night fell a very
At Colledge, a Cloudy morning, heard Mr. Cotton of
New-town vociferate from the 19. of
Proverbs 2nd verse. In the afternoon, from those words in the 37th. Psalm and
4th. verse, Delight thyself in the Lord and he shall give thee
At Colledge, a very rainy, morning, at 11 o'Clock
Disputed from the question assigned us last tuesday
But on which we Did not then Dispute By reason of Mr. Mayhews Being employed in taking an account of
the Books and other things, Contained in the Library in order to the Printing a
new Catalogue thereof.
At Colledge, a very rainy Day, as it has remained
since yesterday -- morning. By reason of my illness omitted Disputing from this
question, generalia stuum phaenomina solvuntur ab atractione solis et
At Colledge. A Clowdy
morning. Afternoon, together with Lock, took
a ride to
Watertown -- Bridge and from thence round through
Brookline Back to Colledge again.
At Colledge, a Clowdy--
At Colledge, a Clear morning. Heard the
valedictory oration, pronounced, By Oliver. 2 o Clock set out for
Boston, Designing to go from thence home.
29 [JUNE 1753 -
Sat out from
Boston, home where having tarried 7, or 8 Days I set out on a
journey together with Mr. Adams to
Piscataqua, to which I went By way of
Litchfeild, going firstly from
Dracut to which I passed from
Chensford over the river. From
Dracut I proceeded to
Newington where having tarried about a fortnight and vizitted
Portsmouth, I returned home and at the appointed time return'd
to Colledge where I have been ever since, save that I
went home once for a fortnight.
This winter, we had a vacation.
In the winter of 1754 we had no snow at all save a smattering or two,
But perpetuall rains and warm weather thro'ought the whole.
Beg. [Beginning of March] Had a small flurry of snow.
morning. I am now reading
Orrerys letters to his son
Concerning Dr. Swift and his writings, which for softness and
delicacy of style, accuracy and serenity of sentiment, are absolutely
inimitable. Reading also the last volume of Monsieur Rollin's
which are worth their
weight in gold. -- for his excellent reflections on every remarkable event that
occurs in history he informs his readers of the true source
and instructs them in the method of forming themselves
upon the models of virtue to be met with in History.
Kept sabath at
Cambridge. March about the middle.
In the Evening we had several very sharp flashes of lightning, attended with
a Distant grumbling of thunder.
This morning is beyond description, Beautyfull,
the Skie bespangled with Clouds which shed a lustre on us by the refraction of the rays of light,
together with the healthy and enlivening air, which was purifyed By the thunder, afford most spirited materials
for Contemplation. The gaiety of the weather is equally delightfull to the phylosopher, Poet and the man of Pleasure.
The Phylosopher finds his passions all
Calm,and serene, and Pliable so that he finds no Difficulty in
subjecting them to the subserviency of his reason, he can now contemplate all
the gaudy appearances of nature and like Pythagoras bring
Phylosophy down from heaven and make her
conversible to men. The Poet thinks this the Best time to Converse with his
muse and Consequently gives himself up wholly to her directions. His whole soul
is at her disposall and he no more retains the
government of himself. While the man of pleasure find such delicacys arising from the objects of sence as are adapted to produce the highest sensations of
delight in him.
ON THE LAW OF NATURE AND THE MORAL SENSE AMONG ANIMALS AND AMONG
Q. [Query] Has any Species of Animals, besides Mankind,
ever given Proofs that they have any idea of Justice, of Rt or Wrong. That they have any Discernment of the
Difference between Actions and Characters? Have they any moral Sense?
Q. Have they any sense of the Advantages of Temperance and of the
Disadvantages of the Contrary. Will not horses, when they are hot, drink large
Quantities of Water without Regret and frequently Chestfounder themselves so?
They seem to have very little Concern or Apprehension about the Consequences of
Violent Exercise and plentiful Eating and drinking.
Q. Did the Jewish Law that oxen, and Horses, that pushed or kicked a Man to
death, or that copulated with any man or woman, should be slain, stand on this
Principle, that the Brutes knew the Prohibitions they were under and were
accountable, for the Breach of them?
Q. Let me examine, when, and how this Notion of a Law common to Beasts and
men, arose in the World, and in what sense it was understood.
Q. If there are Rules of Justice, of Morality, that extend to all Animals,
what do those Men deserve, who have believed this and yet plundered, preyed
upon, Murdered Fowl, Beasts and fishes in all Ages. -- How can we answer for
robbing the Birds Nests of their Eggs and Young, for butchering, fleecing,
Sheep, Lamb's, Calves, Oxen &c., or will the Assistance we give them, in
providing Food and shelter for them in Winter, and Pasturage in
Winter [ i.e. summer?], justify our Cruel Depredations upon
them? -- But we never feed or Clothe Robbins, (wild Geese) wild fowl &c.
What justice then, in killing them? Is it not Murder?
Q. Self Love and Self Preservation, and the Desire of
Propagation, are common to all Animals. But the Law of Nature, which teaches
other Species to nurse their Young, teaches man to imbue the tender Minds of
Children, with Knowledge and Virtue.
Q. The Law of Nature, as an Instinct is perhaps common, but the Institutions
which Reason adds to Instinct, are peculiar to man. Now Justice, Temperance,
Gratitude, Benevolence, &c. are Institutions of Reason, are found and
proved to be human Duties, and beneficial to society, by Reason and
Jus naturale est quod Natura omnia Animalia docuit, Jus enim istud non est
humani Generis proprium, sed omnium Animalium, quae, aut in terra, aut in mari
aut in Ccelo nascuntur.
Temperance, Prudence, Justice, and Fortitude.
Jus naturale, is omnium Animalium.
Is the Law of Nature, common to all Animals, from Man the Lord of all, down
to the smallest Animalcules, discernible by Glasses?
Are all the Rules of natural Law, which men are obliged to observe,
incumbent upon all Birds, Beasts, fishes.
Temperance, Prudence, Justice, and Fortitude, are Duties of the Law of human
Nature. But have the Beasts and Birds and Fishes, given any Proofs that they
have any Idea of these Virtues? any sense of their obligation to Practise them?
Do they not gormandize, do they not what Prudence, do they not rob,
each other. Are not many of them timorous, afraid of Trifles and shadows? But
their Vices are no Proof that they are not under these Laws, more than human
Vices will prove that Men are not. -- We do not understand their Language,
their signs, nor their sounds enough to know, what Knowledge they have of their
own Constitutions, and Connections. But is this Question worth a [illegible] Discussion? -- I have no concern with a society of Birds
or Beasts or fishes, or Insects. I shall neither be
[concerned?] for nor against the Cattle. The Law of Nature
includes the Laws of Reason as much as Self Love and Desire of Propagation and
education, includes those Rules of Temperance, Prudence, Justice, and Fortitude
which Reason, by the help of Experience, discovers to be productive of the
good Happiness and Perfection of human
APRIL 1ST. 1754.
Then, Mr. Winthrop began a Course of Experimental
[NOTES ON CIVIL LAW,
DECEMBER 1758 -
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
ismade 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, direct and contrary. A direct Action of detinue, is a
personal Action of good Faith, famous, public, which is given
[illegible] to the Deponent against the Depositary,
tof or this, viz. that he may restore the thing deposited, sarcio,
to repair, mend, and repair the Damage given by fraud and faults committed.
Lata Culpa, by a gross fault. A contrary Action is given to the Depositary
against the Deponent, to be saved harmless.
A Pawn or Pledge is a Contract of the Law of Nations, of good faith,
reconstans, consisting in a thing, fact, by what means, in what Ways, an
Obligation to Contract, in fact by a fact, an Action or Deed,
consisting in fact, in a Thing, by which any Thing is given to a Creditor by a
Debtor or [any other?] for a as a Security of his
Debt, on that Condition that the same Thing be restored, in Specie, on the
Payment of the Debt. Soluto Debito, the Debt being paid, eadem res in Specie.
From this Contract, arises an Action, direct and contrary. The direct Action
of a Pl for a Pawn is given to the Debtor, on Payment of the Debt,
against the Creditor, for this, that he restore the Pawn with all Cause, and
repair the Damage, given by fraud, or by any gross or even by a light fault.
Levis culpa, a light fault. A Contrary Action is given to the Creditor, against
a Debtor, to be saved harmless. Of the Performance of fraud, of fault, and
Accident. Praestare. To answer for a fraud or fault is to repair the Damage,
given by Deceit, by Accident or by fault. Deceit is all
subtilty, Deceit, or Contrivance, employed to circumvent, deceive, or
delude another. A fraud is all subtilty,
Deceitfulness, or Contrivance, employed to circumvent, deceive, delude another.
A fault is nothing less than Negligence [illegible] , whether of
omission or Commission, in the Affairs of another, and is Tfold
[Threefold] gross, light and lightest. A gross fault is not
to use that dilligence which even a negligent
father of a family uses, or to be ignorant of what all understand. This in
Contracts is compared to Deceit, fraud, excepting the Case of a Capital Crime.
A light fault is not to use that diligence which a thrifty and diligent father
of a family, uses in his own Things. This fault is regularly meant, denoted
when the Word faults is put simply in the Laws. The lightest fault is not to
adhibit, use, employ, exert that diligence, which a most diligent father of a
family exerts. An accidental Misfortune is a greater Strength, to which human
Weakness is not able to resist. Humana, Casus fortuitus, a casual Mishap. A
Chance medly. [illegible] Dolum. To
answer for a fraud. Fraud is answered for, paid for, repaid in all Contracts.
Accidents, misfortune in none, except in Lending, Loan. Loan. Payment of what
is not due, is in some respects like a Loan, which nevertheless is not a true
Contract but a sort of Contract, by which he who received what was
[undue ?]is obliged to him, who by Error and Ignorance paid what
was [illegible] that it be [illegible] . A fault,
regularly, is made good, repaid, according to these 3 Rules. . As often as
aContract Bargain is driven, a Contract is taken, entered into, for
the Sake of the giver alone, so often Deceit only and a gross fault is answered
for, as in a Deposit. 2. As often as a Contract is celebrated, for the sake of
the receiver alone, so often fraud, deceit, fault, even the lightest is
answered for as in [commodatum]. A direct Action of [illegible] is a personal civil Action, demanding a Thing, which is
given to a Lender against the Borrower to restore the Thing lent in Specie, and
answer for fraud and [illegible] the light fault. 3. As often as
the Utility, Advantage, Benefit of both, takes place in a Contract, so often
fraud, a gross and a light fault, is answered for, as in a Pawn, Buying and
selling. The aforesaid Rules concerning fraud, Negligence and Misfortune, then
cease, if the contractors otherwise agree; except if it is agreed that fraud
shall not be answered, even when any special Reason shall except this or that
Contract from the common Rules.
Of the Obligations of Words. An Obligation of Words, or any Stipulation, is
a Contract of the civil Law, of strict law, consisting in Words, by which he,
who is asked, whether he is about to give [or to do?] what he
is interrogated, answers. Emancipation is an Act by which Children are
dismissed from the father's Power. Act. From a Stipulation arises a two fold
Action, a personal Action of a certain Thing; if a certain Thing is drawn into
a Stipulation and of an uncertain Thing, or an Action, from a Bargain, if an
uncertain Thing is drawn into a Stipulation. Each is a personal Action, civil,
of strict Law, which is given to the stipulant, against the Promisor to oblige
him to perform what he promised.
Every Stipulation is either pure, or for a certain day, or conditional. A
pure Stipulation is one which is contracted without [the
addition?] of any time or Condition, and in that pure Stipulation, the
Day of the Obligation begins, and comes immediately. The Day of the Obligation
is said to proceed when a Thing, drawn into Obligation, begins to be due, altho it cannot yet be demanded. A day is said to come
when that can be demanded which is due. A stipulation, at a certain day, is
that which is [made] annexing a day, appointing a day, in
which the Money is to be paid. A day may be added to an Obligation 2 Ways,
either as a Time from which, as after 5 years I will give, or as a Time to
which, as untill 5 years, or as long as I shall live.
In the 1st Case, the day of the Obligation, immediately [goes?]
but comes not before the day exists. It is [right?] however for
the Debtor to pay before the day if he will. In the other Case also, the time
being past, the Obligation is perpetuated by the Law it self, but the Promissor
of the Agreement, by the Exception of the Agreement [illegible]
may [illegible] himself. The time moreover may be added to the
Stipulation not only expressly, but also it is sometimes tacitly implied; which
happens if a Place is added to the Stipulation, the Performance it self of the
Thing, or fact in it self against a space of Time. A conditional stipulation
is, one which is made, with regard to a future, [uncertain?]
Case, in that the day of the Obligation, neither goes nor comes, unless the
Condition happens. Yet the Hope of the future Obligation is transmitted, from
the Part of each Contractor to his Heirs. [But?] if the
Condition is affixed to the present or the past time, that is scarcely esteemed
a [Contract?] nor differs the Obligation.
Page 8, upside down
[Page 8, upside down]
A Stipulation is made in any Tongue yet the Question and Answer must agree,
and, all things [illegible] drawn into that, which are in
Commerce, also the facts must be possible and lawful, [illegible] own, not [anothers?]. If a fact is drawn
into [illegible] in a Stipulation, the Promissor cant be compelled
precisely to the fact, but is freed from [illegible] and
therefore it is [actible?] to [illegible] Stipulator, for thus he exempts himself from the difculty of proving that which is due.
Of the 2 Parties of stipulating and promising. The
[accessors] of the Stipulation are 2 Stipulators to each of
whom the same Thing, Speech by [illegible] is
[promised?] in the whole. The [Accessor?] of
promising or of owing the [joint?] Promisers or [illegible] conjuncta oratione. Fellow Promisers, joint Promisers [illegible] 2 [promisors?] who singly promise the same
Thing, at one time, to a Person Stipulating. Stipulans, in eadem Res, the en
solidum, the same thing to a [illegible] . Eandem Rem, in solidum.
That therefore 2 may be joint Accessers to [illegible] of
Stipulating or promising, it is required 1. that the same Thing be drawn into
the stipulation, brought into the Stipulation. 2. That the Promise be made from
one and the same Cause. 3. That the whole be promised to both, and by both. Yet
one of the Accessors may be rightly obliged, purely, and the other, on
Condition, or to a certain day. The Effect of such a stipulation is, that the 2
Partners may act or agree, for the whole, singly, separately, yet so that one
accepting, receiving a Debt, or one paying the whole Obligation is destroyed.
But if [illegible] joint Debtors are obliged to any thing by an
alternate Engagement, they may enjoy the Benefit [of the]
Divisons. Of the Stipulation of Servants. Even servants may stipulate from the
Person of their Masters, also an hereditary servant, and a common servant. But
a servant acquires not any thing that is stipulated to himself, but to his
Master or to the Inheritance or if there are many Masters he stipulates to each
for Part, unless it was by the Order of one, or for one by name. Yet a servant,
if he stipulates for a fact, acquires it to himself. Of the Division of
Stipulation. [illegible] Stipulations are either, judicial, or
prtorial, or conventional, or common.
[Page 8, right side up]
[RULES FOR DETERMINING THE EXCELLENCE OF A LANGUAGE,
What are the Rules, Criteria, to determine the Merit or Excellence of a
Language? -- Suppose you was to examine, which was the best, and which the
worst of the Languages, Greek, Latin, french and
English? How would you decide.
One Excellence of a Language, is Conciseness. That Language is to be
preferred in which Ideas and Thoughts may be clearly conveyed to the Hearer or
Reader in the fewest Words. -- But Q. whether Conciseness is not a Property, a
Talent of the Writer rather than of the Language. Would Dean Swift if he
had been had been as great Master of french as he was of English,
have expressed himself as concisely as he has in English? -- Some Languages
have Technical Words to express certain Collections of Ideas, that cannot be
expressed, in another, without a Periphrasis. A Man may write more concisely,
in french on fortification and Gunnery, and Cookery and Dancing, than he can in
English. In Italian, upon Musick, Statuary, Painting,
than in any other. In Greek on Anatomy, Physick
2. Copiousness, i.e. Variety of Words to express the same Idea. For as
Eloquence and Poetry, are wrote in Measure, feet, Numbers, often times a
Dissillable [illegible] or a
Trissilable will be wanted to round a Period, or
compleat a Line. Now, if there is a Monasyllable,
and a Dissillable or a Trissillable, in the same Language to express the same
Idea, the Writer or Speaker may select that which fits his Measure. Another
Advantage of Variety of Words is this. When one Word cannot be so easily or
emphatically pronounced, after another, out of several one may be chosen, that
will exactly answer.
3. A proper Distribution of Consonants and Vowells, that a Language may neither be effeminately soft,
nor brutally rough and grating to the Ear.
4. A Connection [or] Analogy between the sound
of the Words and the Things signified by them. Thus, the great and sublime
Objects should be signified by Words of a loud grand sound. Slow Actions should
be expressed by slow heavy Words. But quick swift Actions by Words that
require, and occasion an impetuous Pronunciation.
5. As one considerable Design of Poetry and Eloquence is to move the
Passions, a similarity between the sound of Words separately or in Combination
and the Passions of the mind. For there is a peculiar sound to every one of the
Passions. -- These Hints may lead me into a large field of Speculation and
Inference. One Language may be the best adapted, for Poetry and Eloquence,
another for Philosophy and science, and another for Drollery and
Humour. But that Language will be the best, which has
most of these Characteristicks.
[WINTHROP'S LECTURES ON EXPERIMENTAL
APRIL 1ST. 1754.
began a series of
, and in the 1st place he
explained to us the meaning, nature, and excellence of natural
, which is, (he says) the knowledge of
those laws by which all the Bodys, in the universe are restrained, it being
evident that not only those great masses of matter
Bodys, but all the minutest combinations of matter in each of them are
regulated by the same general laws. For instance it is plain that all the
the same uniform
rules in their
revolutions round the sun, that every particle of matter observes on the
surface of the earth. -- As to the usefulness of natural phylosophy
, to be convinced of that, it is necessary
only to reflect on the state of all the Civilized nations of
Europe, compared to many nations, in affrica
, of as quick natural parts as Europeans
who live in a manner very little superiour
Brutes. -- The first Cause, and indeed the alpha and omega of natural
phnomena, is motion, their being an utter impossibility that any effect
should be produced in a natural way without motion, and this motion or
rather Bodys in motion are subject to the following laws. 1st two bodys of
different velocitys or swiftnesses, but aequal masses
which motion is
subject to Certain laws which he explained, and I have forgot. But thus much I
remember, the that
motion, produced by gravity, was
universally in right lines, from the body acted upon by gravity, to the Center
of gravity, as the Center of the earth, for instance, or the like. He explained
also, powers, weights, the line of direction of powers and weights, the Center
of gravity, Center of
magnitude, and Center of motion, with the
several methods of finding them, some of which I've forgot, and the rest he
showed us examples of which cant easyly
But by reason of some of these laws (he tells us) there are two famous towers
Italy, the one at
Bolognia, and the other at
, each near an hundred feet high which
are not in a perpendicular position, but inclined to the horizon to a Certain
degree, so as not to have the line of direction fall without the Base, because
if the line of direction fell not within the Base, the buildings would
inevitably fall. After this and many other things and Terms relating to
motion, velocity &c.
explained he dismiss'd us for the first time. --
He touch'd also upon the advantages of gunpowder in war, above those of the
Battering ram. For says he, the Battering ram was a hugh, and unweildy
of timber or rather combination of timbers, with
an iron head much in the shape of a rams head, whence it drew its name,
commonly weighing near forty thousand Pounds, and consequently required a 1000
men to manage it, if being
a man being scarce able to handle more
than 40 lb. [illegible]
with velocity enough to do execution. Now
one of our cannon, by the [illegible]
force of rarifyed vapour
will discharge a
36 pounder so as to make as large a Breach in a wall, as the Battering ram, and
requires but about 6
5 or 6 men to order and direct it. Therefore 6
men can do as much execution now with a Cannon as 1000 could with a Battering
ram, and the momenta are equal the velocity of the Cannon exceeding
that of the ram, as much as the ram exceeds the Cannon in weight, that
is as 36: 40000.
APRIL 3D. 1754.
The second lecture, wherein
which was wholly taken up in
explaining the Propertys of the Centers of gravity and motion, which were
applyed to the instruments, Cheifly in use in Common life, such as, the lever,
axis in peritrocheo, &c. But
insisted on. The reason of it was fully explained and the method of weighing,
viz the distances of the Bodys
from the Center of
motion, must be precisely in a reciprocall
proportion of their quantitys
of matter or
weights, always alowing
for the weight of the Beam
on which they are suspended, as well as friction, and the falsity of the
supposition, that radii proceeding from the center of the earth are
also demonstrated to us that all the advantages arising from
any of the engines in use, resulted from the
different possion [position]
of them, with relation to force
and velocity, thence he shew
'd the famous problem
of Archimedes viz, to move any weight however great by any
force however small. -- I had like to have forgot that he applied the doctrines
of the center of gravity to the heavenly Bodys
us the affections of the sun and planets
with respect to their Centers of gravity, and instructed us in the manner of
finding the Common Center of gravity of any 2 of 'em e.g. earth and moon, viz
By this proportion as the quantitys
of matter in
Both added together
is to the quantity of
matter in the one separtely
so is the distance of
their centers to the distance of the Center of the other, from the Common
Center sought. And to find the common Center of gravity of 3, 4 or 5 or any
given number of Bodys
, having found the common center
of any 2, from that said Center draw a line to another of said
and find the common Center of gravity of these
two respecting the
common Center of gravity of the former 2 as a
Body containing a quantity of matter equal to Both said Bodys
APRIL 5TH. 1754.
The theory of the Ballance, scales, steel -- yard
&c. and all and the 3 species of lever's continued to which
(viz) the lever he referred allmost all the
instruments in life, and [illegible] universally. To make a quilibrium, the product of product
of the quantity of matter in the weight multiplyed into its distance from the Center of motion,
must be equal to the quantity of matter in the power, multiplyed into it's distance from said Center.
APRIL 6TH. 1754.
The phnomina of The nature of the Pulley, axis in
peritrochaeo, and inclined Plane explained, which all depend on the laws before
laid down (viz) that the quantity of matter in the weight bears the same
proportion to the quantity of matter in the power, as the distance of the power
from the Center of motion, to the distance of the weight from said Center.
APRIL 8TH. 1754.
The Theory of simple machines and in particular of the inclined plane, of
the wedge and screw, and other machines compounded of these simple ones,
APRIL 9 1754.
Sir Isaac Newtons three laws of nature proved and
illustrated, together with the application of them to the planets, which are
kept in their orbits by two forces acting upon them, viz that of gravity and
that which is call'd itstheir
Centrifugal force whereby it they strives to recede from
the Center of their orbits, and fly off there from in tangents.
The theory of Centrifugal forces, continued; and aplyed to the Cases of the planets; and from this
Centrifugal force, Mr. Winthrop confuted
the hypothesis of vortices, from this also arises the spheroidal form of the
APRIL 11 1754.
thing's observed concerning gravity, which encreases
as you approach the Center of the earth in a
reciprocal proportion of the squares of the distances, and under this head were
introduced pendula and we saw that all pendula of equall length
oscilated in equal time whether the
arches they described were greater or less. We were also inform'd that
falling in Chords of a Circle will fall in
equal times Caeteris paribus; and in the same time that the same Body would
pass through the diameter, as
[Figure -- see page image]
[LETTERS TO THREE FRIENDS ON STUDYING LAW,
To [John] Wentworth.
My letters, for the future will come to you, from 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 Idea of a Lady, of Diversions, of gay Life Business or
of Pleasure ever enters. Here I read, smoke, think, and sleep. Old Roman
Lawyers, and dutch Commentators are my constant Companions. What ample
Provision have I here accumulated for lasting Felicity! The only Thing I fear
is, that all my Passions, which you know are the Gales of Life, as Reason is
the Pilot, will go down into an everlasting Calm. And what will a Pilot
signify, if there is no Wind.
To prevent this I must intreat you to redouble
your Letters, which always raise a full Gale of Love, sometimes almost a
Tempest of Emulation and some times a Breeze of Envy, and will be sufficient,
in Addition to those of a few other Friends, to waft the Vessell, tho she is not the best
of sailors, with full Speed, along the Voyage. -- But what, and where is the
Port of my Destination? In sincerity I am afraid to tell you. Tis however a
Harbour, where every Vessell may ride securely. A Harbour, in which, tho Tempests
rage around, and Thunders roll above, and Earthquakes shudder beneath, the
vessell can receive no Damage neither the Vessell, her Cargo or her Crew, ever receive any
But to be plain, I am beginning Life anew. I have new Friendships to make,
new Employments to follow, new Concerns, Prospects and Studies, opening before
me. [illegible] And now I have mentioned Studies, I find
my self entering an unlimited Field. A Field in which
Demosthenes, Cicero, and others of immortal Fame have exulted before me! A
Field which incloses the whole Circle of Science and Literature, the History,
Wisdom, and Virtue of all ages. -- Shall I dare to expatiate here in full
Career, like the nobler Animals, that range at large, or shall I blindly,
basely creep, like the mole, or the weezell? -- Tell
To [Tristram] Dalton.
How long is it my Friend, since I either received a Letter from you or you
from me? Some years I believe. And how long will it be, e'er another Letter passes between us? Why If I may judge of
the future by the past, I shall receive one from you about 6 months hence, and
then an Intermission of 2 or 3 years will succeed. This has been the Course of
our Correspondence, and perhaps you would be as well pleased, if the
Intermission should be of 2 or 3 Centuries, or inperpetuo instead of
2 or 3 years. You need not hope however to escape so. Whenever I am fatigued
with roman Lawyers and Dutch Commentators, I will set
down, and discharge the Vapours of the Brain,
upon Paper, and send it away to you write to you, as Painters turn their
Eyes to a green mild pleasant Green Colour
after long Attention to black in order to ease and Relieve the Eye. This is
said, (by the Way) in Conformity to the common Place Cant of the present Day
that The study of Law is the most dry, unentertaining study in the World, which
I take to be full as wise as Lady s Contempt of Shakespears Tragedies in
[illegible] the Lethe of Mr. Garrick. You have
heard many Persons say that the study of Mathematicks [illegible] and of
Physicks is dry. Others can find no Beauties in
Poetry. And I believe them, as undoubtingly as I believe some others, when they
say that Law is dry. Every Thing, my Friend, is
dry in Proportion as it is not understood, and [illegible] I
shall not be at all surprised to hear a young Spark whose whole
Attention is dissipated among Horses and Ladies, (heaven forgive me) fiddles
and frolicks, Cards and Romances, say that the Law
But to examine this Matter a little, can no Pleasure be found in tracing to
their original sources in Morality, in the Constitution of human Nature, and
the Connections and Relations of human Life, the Laws which the Wisdom of
perhaps fifty Centuries, has established for the Government of human
Kind.No Pleasure in studying the Eloquence of Greece and Rome in those
stupendous Monuments of it which have been the Wonder and Delight o f every
Age, to the present Day? No Pleasure in the Study of those Remains,
those prescious Remains of grecian and roman Eloquence, which
have been the wonder and delight of preserved to the Admiration of
all Ages, down to the present day? Far otherwise, So far
[otherwise?] that I assure you, even themost Common
England, and the precedents and [Statutes?] of
former Times, which are most venomously [misused?] at this day,
when once their [illegible] Language is understood, afford
us all the Pleasure of Reasoning in as [great?]
Perfection as your favourite science of
Mathematicks with the Exception only that
we have not always that absolute Certainty, that we have in
Tis true, we are not able to attain, in every Case of Law, that total
Certainty which you have in some Problems and Theorems, nor have you in
Mathematicks, the success in every Problem which
you have in some.
To Samll. Quincy.
How surprizingly we how
How resolutely, how inviolably, how surprizingly we have preserv'd and pursued The
Resolution we took of writing each other upon Law. Points
of Law, which we took at
Weighmouth. -- But Oh my
Friend how easily we are bro't fired to lawdable Determinations! But oh proh Dolor,
how soon are such Determinations forgot? -- Quite as suddenly as the Vows of
perpetual Constancy made by a young Fellow, when in the most violent Hurry.
This [illegible] has some how or other recalled to my Memory
a Pice of Advice, which Polonius gives to his Daughter
in Shakespears Hamlet.
I do know
When the Blood burns, how prodigal the soul
Lends the Tongue Vows. These Blazes oh my Daughter
Giving more Light than Heat, extinct in both,
You must not take for Fire.
The soul is no less Prodigal in lending the Tongue Vows, when the Blood
glows with Ambition of getting Learning or Virtue, than when it burns with a
very different Passion, the Passion alluded to in these Lines. And perhaps the
Protestations of the Lover, are as sincere [illegible] as the
Resolutions of the scholar. And as the generous Lover, who by such Vows, has
deceived and has and deflowered an innocent, virtuous Lady, would
think him self bound in Honour, and in Conscience,
to fullfill his Promises, so should the generous
Schollar esteem it a violation of his Conscience, a
base, ungenerous, debauching and ruining of himself, to forget his Vows of
For my own Part, my Conscience reproaches me with a long long
series of such Self Perfidy! I start sometimes, and shudder at myself, when the
Thought comes into my mind how many [illegible] million Hours I
have squandered in a stupid Inactivity neither furnishing my mind nor
exercising my Body. Yet I continue to new Reflections continue to
arise, and I every Day determine to begin a new Course of Life tomorrow. My
Resolutions are like bubbles, [illegible] they are
perpetually rising to the surface of the stream [illegible] and
then are [broke?] and vanish by every puff of Wind. [illegible] Yet new ones rise and die in perpetual succession.
In order to connect the preceeding Letter with this, let me add
[that?] to taste this Pleasure, active Industry, and not now
and then a sudden Resolution is necessary alone, is necessary. --
And now I have mentioned Resolutions how [unwilling?] and
Page 15, upside down
[Page 15, upside down]
[ON SOME FRIENDS WHO NOURISH WOUNDS
IN THEIR HEARTS,
Vulnus alit Venis, et caeco carpitur igni.
Alo, alere, alui, alitum, to nourish. Vulnus, a Wound or Hurt.
Carpo, carpere, carpsi, carptum, to waste away. Carpor to
be [troubled?]. Carpitur, is consumed, wasted.
He nourishes a Wound in his Veins, and is consumed with a blind hidden fire.
-- Warner, Fessenden,Clark,Cranch,Quincy. All of
them [cherished?] by their incessant Thinking, the Wound in
their Hearts, and all consume, with a hidden internal flame.
[A LETTER TO RICHARD CRANCH ABOUT ORLINDA, A LETTER ON EMPLOYING ONE'S MIND, AND
REFLECTIONS ON PROCRASTINATION, GENIUS, MOVING THE PASSIONS, CICERO AS ORATOR,
MILTON'S STYLE, &C.,
What is Wisdom? Is it, to write dramatic Poetry, like
Milton or Shakespear? Is it to write on Astronomy
and Physicks like Newton, or is it
to know the human mind like Lock? Does it consist in Genius
and Learning? No Genius and Learning have been oftener mad than wise. It is not
to Act or think beyond man kind.
[Draft of a Letter to Richard
Say was there most of Cruelty or of Cunning in sealing up this cruel scroll
this Paper full of Disappointment, Spleen and Heart Ache in a Letter
from you. -- As the Doctor, to cheat his Patients Eyes, conceals his bitterest
Potions in the sweetest Consalves and Confections, as the Manchineal conceals
her [illegible] Poisonous juices under the Appearance of a fair
delicious Fruit, as the Bee conceals her self and her
fatal Sting in the Center of an Honey Comb, in the same manner
Orlinda incloses this Paper, full of Disappointment, Spleen and
Heart Ach, in a Letter from my dearest Friend!
You are sensible, my Friend, that the night Working Fancy of a Lover which
steals him often, o'er seas and mountains to
theArmsCompany of his Mistress, and which figures, in his
Slumbers, a thousand various scenes of Pleasure, only serves to increase his
Misery, when he wakes, by the Thought, that he cant possibly partake such
Pleasures is too far [removed?] cannot possibly enjoy
exciting Desires which he cannot gratify. just so thisLetter Billet
has roused [illegible] in my Imagination a scene of Pleasure,
which I should not otherwise have wished for
tho't of, a scene which seems to be grappled to my
soul with Hooks of Steal, as immoveably as I wish
tobe grappled inthe my Arms the Nimph, who
gives it all its ornaments.Wherever I go, whatever I do, asleep or awake,
This dear bewitching scene attends me, and takes up all nay Thoughts. If
I look upon a Law Book and labor to exert all my Attention, my Eyes
tis true are on the Book, but Imagination is at a Tea
Table with Orlinda, seeing That Face,
those Eyes, that Shape, that familiar friendly look, and hearing Sense
divine come mended from her Tongue. When I
should be at my Devotions When the rest of the family are at their
Devotions I am payingmine my Devoirs across a Tea Table
to Orlinda.When I attempt to
Sle I go to bed and lie ruminating on the same Ideas half the night, then
fall asleep and dream about the same, till morning Wakes me, and robs me of my
Bliss. If, as grave folks say Madness is occasioned by too long and close an
Attention to one set of Ideas, I shall soon I fear grow mad for I have had no
Idea, but that of Orlinda, that Billet and
Disappointment in my Head since you saw me.
Oh Tea, may how shall I curse thy once delightful but now
detested stream. May I never taste thy Waters more, for thy Waters will forever
bring the Remembrance of Orlindas Cruelty,
my eager Wishes and fatal Disappointment. Or if I must taste, for my Cup from
thy stream may I drink whole Buckettsfull from
Lethe to forget [illegible] my Woe, which that
would otherwise without such an Antidote always renew.
Shall such Cruelty go unpunished. No may she have a husband be in
less than a year from this day be tied in the everlasting Chains of
If he has the Spirit of a Man, he will be ready to bite his own Flesh. [illegible]
[Draft of a Letter to an Unidentified
Such is the Nature of Man the human mind, that each individual
must and will have some Employment, for his Thoughts, someAmusement,
Business, study, Pleasure or Diversion, virtuous or vicious,lawdable or Contemptible, to consume his Time. If he is
not instructed to contemplate the Heavens, he will instruct him self to contemplate Cockell
shells and Pebblestones; if his Rank and Fortune exempt him from
Labour Business, he will engage himself in Study or in Play, in
Hunting or whoring, or something else, better or worse. The first
Question, then that a young man should ask himself is, what Employment am I by
the Constitution of my mind and Body, and by the Circumstances of Education,
Rank and Fortune, directed to pursue? And the next is what is the best Method,
the safest, easiest, nearest Road to the proper End of that Employment I have
Suppose you had chosen the study of Nature, for the Business of your Life,
should you not inquire in the first Place, what is the End of that study? Is it
to improve the Manufactures, the Husbandry, or the Commerce of Mankind, or is
it to adorn a Library with Butterflies of various sizes, Colours and shapes? Or suppose you had chosen the study of
History, should you not inquire is the End of this study the naked Knowledge of
great Names and [illegible] [Actions?] or is it a
personal Improvement in Virtue and Capacity, by imitating the Virtues and
avoiding the Vices of great men, and by judging of the Effects of Causes now at
Work, by those Causes which have appeared heretofore? Should aman
Student in History inquire chiefly of the Dress, Entertainments and
Diversions, [illegible] instead of the Arts, Characters, Virtues
and Opinions of ancient Nations, and the Effects of these on their public and
private Happiness of the would not you laugh? There
iswas nothing in the Lamp, by which
Demosthenes wrote his orations, that deserved the Attention of
the present Race of men, more than there is in the Candle by which I write this
Letter. And I would pay no more Admiration to a man who could
[tell] me the exact Highth of
Cicero, or the Number of Hairs that grew upon his Head, a Pice of Knowledge that I cannot now attain, than I would to
one who could tell me the exact Number of Letters, Comma's and semicolons that
are in all his Works, which [I] have the means of
It is not
We are not therefore, to measure of Admiration of a man by the Number
alone,of proposition [illegible] but by
theImportance, Usefulness and Utility and Number jointly of the
Propositions that he knows, and his Dexterity in apply [illegible] them to Practice.
The great secret therefore, the main The primary
Endeavour therefore, should be to distinguish
between Useful and unuseful, to pursue the former and to with
unwearied Industry, and to neglect with much Contempt all the Rest. We need not
fear that subjects of Inquiry will be so few, that the Treasures of useful
Knowledge will be exhausted. Every Moment of the longest Life, may be spent in
acquiring Knowledge of the greatest Moment, in the Course of Life.
Perhaps many hundreds, in the English Nation, have employed the
sameAttention, Industry, and Sagacity in discovering the Properties
of Animalcules that Escape the natural sight, as Sir Isaac
Newton did in discovering and demonstrating the true system of the
World. I will venture yet further, perhaps these men, if they had employed
Experiment and [Geometry?] in the [method?] he
used would have made as wonderfull discoveries. It
[is] the Method then, and not the Drudgery of science that
is chiefly to be [illegible] .
Why am I so silly as to trifle away my Time in suchuseless
unprofitable scribbling -- waste Paper, [illegible] Pen, Ink,
Time, Wood, Candles, in this idle Amuzement.
What is the Cause of Procrastination? To day my
Stomack is disordered, and my Thoughts of
Consequence, unsteady and confused. I cant study to
day but will begin tomorrow. Tomorrow comes. Well, I feel pretty well,
my head is pretty clear, but Company comes in. I cant yet study tomorrow, but
will begin in earnest next day. Next day comes. We are out of Wood, I cant
study: because I cant keep a fire. Thus, something is always wanting that is
What are the Proofs, the Characteristicks
of Genius? -- Answer Invention ofa System new Systems or
Combinations of old Ideas.
[illegible] The Man, who has a faculty of inventing and
combining into one Machine, or System, [illegible] for the
Execution of some Purpose and Accomplishment of some End, a great Number and
Variety of Wheels, Levers, Pullies, Ropes &c. has a great Mechanical
Genius. And the Proofs of his Genius, will be (unless it happen by
mere luck) will be proportionably to the Number, and Variety of Movements, the
Nice Connection of them, and the Efficacy of the entire Machine to answer its
End. The last, I think at present, ought to be considered in
[estimating?] any Genius. For altho Genius may be shewn in the
Invention of a complicated Machine, which may be useless, or too expensive, for
the End proposed, yet one of the most difficult Points is to contrive the
Machine in such a manner, as to shorten, facilitate, and cheapen, any
Manufacture &c. For to this End a Man will be obliged to revolve in his
Mind perhaps an hundred Machines, which are possible but too unwieldy or
expensive, and to select from all of them, one, which will answer the Purposes
2. The Man who has a Faculty of feigning a great Number, and Variety of
Characters, Actions, Events &c. and combining into one regular,
correct, consistent Plan or Story, a great Number and Variety of Characters,
Actions, Events &c. has a great poetical Genius. And the Proofs of his
Genius are in Proportion to the Variety, Consistency and Number of his
Characters, Actions and Events; and to the nice Connection and Dependence of
these upon each other thro a whole Poem. And these
Proofs have been given in a surprizing degree by
Milton and Shakespear,Homer,Virgil
&c. Milton has feigned the Characters of Arch
Angells and Devills, of
Sin, Death, &c., out of his own creative Imagination and has adjusted, with
great Sagacity, every [illegible] Action and Event in his whole
Poem to these Characters.
3. The Man, who has a Faculty of inventing Experiments and
[reasoning?] on them [means?] of Starting new
Experiments from that Reasoning, and on these Experiments forming new
Reasonings till he reduces all his Experiments, all his Phenomena, to general
Laws and Rules, and [illegible] combines those Rules to an
orderly and regular Dependence on each other, thro
the whole System, has a great Phylosophic Genius.
4. The Man who has a Faculty of considering all the faculties and Properties
of human Nature, as the Senses, Passions, Reason, Imagination and faith, and of
combining classing all these into order, into Rules, for the Conduct
of private Life, has a great Genius in Morality.
5. He who has a Faculty of combining all these into Rules, for the
Government of Society, for the to procure Peace, Plenty, Liberty,
has a great political Genius.
Thus Order, Method, System, Connection, Plan, or whatever you call it, is
the greatest Proof of Genius, next to Invention of new Wheels, Characters,
Experiments, Rules, Laws, which is perhaps the first and greatest.
Q. [Query] Does not the Word Invention express both these
faculties, of inventing Wheels &c. and putting them in order.
Q. May not Genius be shewn in aranging a Mans Diet,
Exercise, Sleep, Reading, Reflection, Writing &c. in the best order and
Proportion, for His Improvement in Knowledge?
These are but vague, general, indeterminate Reflections. I have not Patience
to pursue every particular attentively. But, This Patience is the greatest
Attainment or a great Superiority to a mans own unsteadiness, is perhaps
one of the greatest Marks of Genius. Inatention,
Wandering, Unconnected Thoughts, are the opposites to this Patience.
Q. [Query] Had not Mr. [Prat?] some such Reflections
in his mind, when he said that Mr.
Edwards had given proofs of a Great Genius.-- And Q. is not The
Pilgrims Progress, according to these Rules, a Proof of a great Genius. --
There is Invention.
Ballast is what I want, I totter, with every Breeze. My motions are
Of what use to a Lawyer is that Part of oratory, which relates to the moving
of the Passions? Without Simplicity no human Performance can arrive to any
The Talent, and Art of moving the Passions, may be used in a Capital Trial
by the Counsel for the King, to raise the Resentment of the jury, against the
Crimes of the Prisoner, and by the Counsell for the
Prisoner, to move the Compassion of the Jury.
It may be used to raise, in the judges, jury and Spectators, an Admiration,
and Esteem of the wise, humane, equitable and free Constitution of Government
we are under. It may be used to rouse in the Breasts of the Audience a gallant
Spirit of Liberty, especially when declaiming upon any Occasion, on any
Instance of arbitrary Conduct in an Officer or Magistrate.
Sound in is I apprehend a more powerful Instrument of
moving the Passions than Sense. Musick is capable of
raising in the Mind every tender, generous, noble Passion and Sentiment. And as
a Musician, to get the skill of moving the Passions, must study the Connection
between sounds and Passions, so should an orator. Every Passion has its
distinct peculiar sound. Anger, and Compassion, produce very different
Modulations of the Voice, and so do fear, Love, Contempt, joy, sorrow, and
Admiration. An Orator must study to gain the Art of moving the
Passions, must attend to Nature, must observe the Sounds in which all sorts of
People, express the Passions and sentiments of their Hearts, and must learn to
adapt his own Voice, to the Passion he would move. The easiest Way to this will
be to possess his own Mind strongly, with the Passion he would raise, and then
his Voice will conform it self of Course. Thus if you
will raise in a jury a Resentment of some great Crime, resent it strongly
yourself, and then the boldest Expressions Thoughts and Words will
occur to your mind, and utter themselves with the most natural Tone of Voice,
Expression of Countenance and Gesture of your Body.
[Let] me examine in the greatest orators
Britain, what peculiar Sounds are used [to] express the different Emotions of the Mind -- as
Grief, Resentment, Fear, Horror, Courage, Compassion, Love, joy &c. To
examine this Point thoroughly would require a search [of] all the Poets and orators of all the Languages I
Grief and Fear, in Tullies Oration for Milo, are uttered by Interrogations,
and Exclamations. Quid me reducem esse voluistis? An ut, inspectante me,
expellerentur ei, per quos essem restitutus? Nolite obsecro vos, pati mihi
acerbiorem Reditum esse, quam fuerit ille ipse Discessus. Nam qui possum putare
me restitutum esse, si distrahar ab iis, per quos restitutus sum? Utinam dii
immortales fecissent (pace tua, Patria, dixerim). This Figure which addresses
Things without Life, as a Country, a Temple, a Monument, Virtue or Vice,
Wisdom, Folly &c. as if they were Personages, is much used both in Poetry
and oratory. [illegible] says,
Welcome for thee fair Virtue all the Past.
For thee fair Virtue welcome even the last.
He looks and speaks to Virtue as Tully looks and speaks to Patria his
Country. -- I believe tis called Apostrophe some
times. Popes Address to L.B. in the Conclusion of his Ethic Epistles, is called
an Apostrophe. Come then my friend my Genius come along, Oh Master of the Poet
and the Song.
[illegible] The Point, that Tully drives at,
is the Acquittal of Milo. He is afraid that the judges will sentence him to
death or Banishment. It is Lachrimis non movetur Milo &c. His design here
is to raise their Admiration of Miloes strength and Constancy of mind and of
his Love of Virtue and Contempt of Exile. Then he speaks, in pungent, keen
Questions, to the judges. Vos Iudices quo tandem animo Eritis? Memoriam Milonis
retinebitis, ipsum ejicietis? Et erit dignior Locus in Terris ullus, qui hanc
Virtutem excipiat quam hic qui procreavit? Thus I see that any great Agitation
of mind breaks out into exclamations and Interrogations. -- Vos, Vos appello
fortissimi Viri. There is great Warmth in that Repetition of Vos, qui multum
pro Republica sanguinem effudistis Vos in viri et in civis invicti appello
periculo, Centuriones, vos que militus; vobis non modo inspectantibus, sed
etiam armatis, et huic Iudicio praesidentibus, haec tanta Virtus ex hac Urbe
expellatur? exterminabitur? projicietur? An Address with so much
Vehemence An Appeal to the Centurions and soldiers, complimenting them
with the Epithet fortissimi Viri [illegible] made with so solemn
and vehement a Repetition Vos Vos, and feeling with so much sensibility, the
Ingratitude, Cruelty, and folly of Banishing a Man who had rendered the
Republic such Important services and was able and zealous to render still more,
must have drawn Tears to their Eyes and Rage to their Breasts. His Mind seems
to waver between Indignation at Clodius, and Admiration of Milo, between Love
and Gratitude to Milo for his past favours to him and
Services to the State, and his fears Fear, dread of his Banishment.
His Mind is a Ship in a Tempest, tossed and tumbled with great Impetuosity,
every Way. He breaks out into Exclamations to the Immortal Gods, and to the
happy Coasts that shall receive Milo when banished and to his own ungrateful
miserable Country if she shall banish him. I take it this Peroration for Milo,
may be studied as a Model of the Pathetic.
I should distinguish between moving the Passions of another, as an Orator,
and expressing Passion naturally, like a Dramatic Poet, for tho there may be an Affinity between them, yet they are
distinct. Tully, in that Peroration, expresses the Passions of
his own Mind, his Love, his Gratitude, his Grief and fear, and at the same time
moves the Passions of the Judges, the Centurions and soldiers by appealing to
them, to Heaven by exclaiming to his Country and that Country that should
receive Milo if Banished, but a Dramatic Poet has to make each Character
express his own Passions well, in order to raise the Passions of the Audience
With what pathos does Othello bid farewell to War, in Shakespear.
Oh now forever
Farewell the tranquil Mind! farewell content;
Farewell the ploomed Troops and the big War
That make Ambition Virtue! Oh! farewell!
Farewell the neighing Steed, and the shrill Trump
The spirit stirring Drum, th'ear piercing fife
The Royal Banner and all Quality,
Pride, Pomp, and Circumstance of glorious War
And Oh! you mortal Engines, whose rude Throats
Th'immortal Joves dread Clamours counterfeit
Farewell! Othello's Occupations gone!
These Exclamations, Apostrophe's, express, with the utmost grandeur of
sounds, the deep Grief, Misery, and despair that were in raged
within his Mind. Q [Query], is Grief always so sonorous and
harmonious? Is it ever expressed in short broken sounds? I believe not, it
always swells into numbers. I may say that Passion swells into Numbers, and
I have so many Irons in the Fire, that every one burns. -- I have common,
civil, natural Law, Poetry, Oratory, in Greek, latin,
french, english to study,
so that when I set down to read or think, so many subjects rush into my mind
that I know not which to chuse.
But to what End this subtle Inquiry into Niceties. -- A minute Examination
of syllables and sounds will never procure Genius. But Genius has often hit
[illegible] without design upon the most grand and proper
What are the Motives, that ought to urge me to hard study? The Desire of
Fame, Fortune and personal Pleasure. A critical Knowledge of the Greek and
Roman Tongues and of the and french
Poetry, History and Oratory, a thorough comprehensive Knowledge of natural,
civil, common, and Province Law, will draw upon me the Esteem and perhaps
Admiration, (tho possibly the Envy too) of the judges of both Courts, of the
Lawyers and of juries, who will spread my Fame thro
the Province, will draw around me a Swarm of Clients who will furnish me with a
plentiful Provision for my own Support, and for the Increase of my fortune. And
by means of this Authority and Consideration, with the judges, Lawyers, Juries
and Clients, I shall be able [illegible] to defend Innocence, to
punish Guilt, and to promote Truth and justice among Mankind. -- But besides
these Motives, there is another, no less powerful than either, which is the
active Acquisition of Knowledge, in a peaceful, undisturbed Retirement. Here I
should moderate my Passions, regulate my Desires, increase my Veneration of
Virtue, and Resolution to pursue it, here I should range the whole material and
Intellectual World, as far as human Powers can comprehend it, in silent
Contemplation. -- Now, if Fame, Fortune, Pleasure and Virtue have not Power to
influence me, what am I? Oh Genius Oh [illegible] ! Oh Learning! Oh Eloquence! how shall I
may I dare to think I have the first? How shall I assume a Power to command the
other two. Knowledge I can and will acquire, and has Language Power to charm,
and shall not I avail my self of that Power?
Longinus says there is an Art of the Sublime.
Swift says there is an Art of the Profound.
Q. [Query] What Rules will help us to acquire both or either.
As the sublime is a Property of Discourse, whether in Speaking or Writing, some
real Cause which produces in the Hearer or Reader, Transport and Rapture, no
doubt, that Property may be found out by examining critically those Passages
which produce that Effect, and by comparing them with other Passages which
produce no such Effect, or a contrary Effect, as Drowsiness, &c. And when
the true, real Cause is known, we may endeavour to
infuse it into our Discourse -- e.g. If this Cause consists in sound only, we
must inquire what sounds have and what have not this Effect upon us. And we
must chuse out such Words, as have that sound and
avoid others. If it consists in sounds, we must inquire whether it consists in
the sound of a particular Word or in the combination of all the Words in a
Period. If it consist in the Idea only, we should inquire what Ideas have this
Effect on the human mind? And we shall find, that the Ideas of Objects that are
great in Nature, as that of the Sun, Moon, the Sky, Earthquakes, Thunder,
Tempests, Comets, extensive Prospects &c. have this Effect on the mind. If
it consist in the sentiment, we must inquire what sentiments have this Effect
on the Mind? And we shall find that fixed Resolutions in favour of Virtue, Courage, disinterested Charity,
Generosity, Contempt of littlenesses &c. have this Effect. Now from such
observations as these, no doubt, Rules may be collected, and reduced into an
Art for acquiring the sublime, [illegible] the grand and noble,
and for avoiding the low, little and mean in Discourse. I have not Leisure nor
Patience, for examining the sublime Passages in
by these Rules. In that very sublime Passage in Milton where
the Effect of Satans Speech upon his infernal Host is described," The sublimity
consists, Partly, in the sound of the Words, partly in the Ideas, that they
convey, and partly in the Sentiments. -- Out flew Millions of flaming Swords
drawn from the [Thighs] of Mighty Cherubim, the sudden Blaze
far round illumind Hell, highly they ragd [Against] the highest,and
fierce -- These words Many of these Words, as flew,
flaming, [ . . . ] drawn, mighty, Blaze, far, round, highly,ragd, have when pronounced seperately, a grand Sound, and here they are arranged
into a very harmonious order.
And fierce with grasped Arms, clashd on the sounding Shields the Din of War,
Hurling Defiance towards the Vault of Heaven.
The Words fierce, grasped, Arms, clashd, sounding, War have a loud grand
sound and are so disposed in this Line, as both to elevate and quicken the
Voice of the Reader, which makes the whole frame of both Reader and Hearer
thril with Transport.
Then in the next Line, hurling, Defiance, Vault, have all a bold elevated
Thus it seems that the bare sound of the Words, as disposed in this Passage,
have an Effect upon the Hearer like the sound of a musical Instrument, playing
some grand and sublime Tune.
Now let us examine the Ideas conveyed by these Sounds. Out flew The Idea of
Millions, a great, a surprizing Number of blazing
swords. There is something great and terrible in the Idea of a single blazing
glittering sword, because we associate with it, the Idea of Slaughter and Blood
and Death, which naturally shock and arouse us, but when the Idea of Millions
of blazing swords, as much larger than our swords as a Devil is supposed larger
than a Man, flying instantaneously out from the scabbards of a whole Host of
Devils, and brandished in air, enters the Mind it alarms, rouses, astonishes
it. But then the sudden Blaze [created] by all these Swords
illumins all Hell. The Idea of a Flash of Lightning, is grand and elevating to
the Mind, but a flash like this, that brightens the dark Abodes below,
astonishes every mind.Than Then the Idea of grasping suddenly their
Arms, Spears, Swords &c. and each one clashing his upon his shield, raises
an Idea of a direful Clash, that neither Thunder, Earthquake nor Tempest,tho' all of them grand sounds can equall. Then the Din of
War calls up the Ideas of all those sounds that attend an Army, the sound of
Drums, Trumpetts, and all sorts of musical Instruments, the murmuring,
shoutings, screamings of living and [dying], which is very
terrible and shocking to the Mind. Then come the Ideas of Hurling, which
denotes strength and Activity, both of which are [illegible] and
elevating, then of Defiance, which denotes a grand Temper of mind, then the
Idea of the Vault of Heaven, which is one of the sublimest Objects in Nature.
-- It is scarce possible to conceive how a [illegible] greater
Number of great Ideas could be asserted in so few Lines.
[Lastly] let us examine the Sentiments.
The general sentiment is that of Rebellion and Warfare, proclaimed by all the
infernal Host against the Almighty, which is a sentiment that cant fail to
excite Horror and Astonishment in every human mind. Then comes a sentiment,
that they raged against God which raises the [illegible] still
higher, till at last it breaks out into open impious Defiance, scorn and
Contempt, which compleats the Passage and makes
the Blood of [every?] Reader, who has a soul, curdle from his
fingers to his Toes.
Perhaps few Passages can be quoted, in any Language in Prose or Verse, where
sounds, Ideas, and Thoughts [illegible] so perfectly and seem
to [contend?] which shall produce most Astonishment in the
Reader, with this.
N.B. Tho I always admired this Passage, and have
repeated it 1000 times, yet I never found 1/2 so many Beauties in it as this
Examination has laid open to my sight.
Thus we see [illegible] in this Passage, not only soft
smooth and smooth sounds but such as are harsh and grating, not only
Ideas of Objects that are beautiful and lovely, but of such as are deformed and
detestible, not only sentiments that are generous, grateful, noble, but such as
are ungrateful, impious, horrible, may be employed in producing the
But to return. I collect from this Heap, that The Art of the sublime, like
the Art of natural Philosophy is [illegible] in a science, and
that Experiment and Observation are the natural means of improving both. We
must make Trial of the Effects of different Sounds, of different Ideas, and of
different Sentiments, on the human Senses, Passions, Imagination, and
Understanding, to discover general Rules for producing the Sublime and avoiding
Tis desirable to know the general system of humanity, to know the most
remarkable Things in this World.
[THE CASE OF FIELD v.
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 this society took its Name from that Trade by
reason of The Trowell which was an Instrument common
to these Gentlemen and their less honourable
brethren, the Bricklayers, and Mortar managers. This Society has been called
[Lobronorum?], ficto nomine, generosa, compacta societas, which
shews it was a Nick name borrowed from these manual
Artificers and applied to that Society.
Q. [Query] Is not the omission of the County, in the
Direction to the Constables of
Braintree, a fatal omission.
2. Should it I not have been added, after "said
Joseph," these Words, "who sues as well in Behalf of the Poor
of the North Precinct, in
Braintree, as for him self."
3. Would not the Word "found" have been more proper than "taken up" and
is and if Defendant pleads not guilty modo et forma, will not a failure
to prove that Field had taken the Horses up i.e. that he had bridled or
haltered them or else had begun to drive them towards the Pown, be a failure to
prove the Declaration? Or in other Words, will Evidence Proof by
Witnesses that he had seen the Horses, been to his Neighbours House to borrow a Halter, and then into his
own to get a Hand to assist him in catching the Horses, be sufficient Evidence
of his taking up the Horses according to the Words of the Declaration.
4. Should there not have been a more express and positive
Averrment at the that the Horses broke
into his Close and there did Damage there than
[illegible] that which is implied in the Words, "rescu'd 2 Horses
which the Plaintiff had taken up Damage feasant,"
5. Should it not have been averred, that Lambert entered the Close
subtilly and craftily, intending and contriving, to
prevent the said Field from driving them to Pound, and of
consequence to defraud Field of his Recompence for the Damages
the Horses had done him?
6. The Declaration begins in Trespass, but it concludes in Debt, "which sums
so forfeited and due," the Defendant has refused to pay. This sounds like Debt
for some certain sum that is compleatly due by
force of some Law of the Province. These sums may be said to be
compleatly due, but the Damages, that
Field was [to] recover for himself, were
quite uncertain. Now Q [Query] whether this is not in some
sort blending together Debt and Trespass, and Q. whether such a blending is not
7. It is concluded ad Damnum of said Joseph the whole sum
Damages and forfeiture and all. -- Q. will not this be fatal.
8. Is Mason a good Addition?
9. Should there not have been a more particular Averment of the Value of the
Damages the Horses did, in breaking Fence, trampling and eating Grass
10. What is the Method of Proceedings on an Information? Can an Information
be filed vs. Lambert this Court?
11. Should the forfeiture be sett forth to be to the
Poor of the North Precinct or to the Poor of the
Town of Braintree.
[ . . . ] Close against the Road, from which the Horses broke
in was [ . . . ] in that Place where the Horses broke in [ . . . ] Difference, as the Horses had no Right to go in
[ . . . ] Road?
And Q [Query] Whether that Entry and driving away, is a
Rescous. had Field had not actually taken up the
Horses, i.e. had not bridled nor haltered them.
[A LETTER TO WILLIAM CRAWFORD TELLING
"HOW I LIVE,"
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, [illegible] 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. [illegible] I have either mounted above or sunk below, I have not
Penetration enough to say which, all Thoughts of [illegible] Fame,
Fortune, or even Matrimony. You must not conclude from all this, that I am in
the Vapours. Far otherwise. I never was in much
better Health, or higher Spirits in my Life. Both my mind and Body are in a
very easy situation, tortured with no Pain, disturbed by no Anxiety, and
transported with no Pleasure. The strongest Desire I have left, is that of
[illegible] seeing my friends at
Worcester, But when or how that desire will be gratified, I
know not. and the only Passion I have left, is Envy of the Pleasure You
enjoy in living so near B.G. Remind the Dr. and
his Lady of my sincere
friendship,Mr. Putnam and his Lady, [Col. Gardiner]
and his Lady of the same and
Betsy Green, of the sighs, Wishes, Hart Ach, Hopes, Fears, that in
spight of the vain Boast of stoical Tranquility, above expressed, continually
attend the Remembrance of her.
Pray let me know e'er long within this 12 months, whether you
live, as I am at this present Writing, and whether you remember me, or not. Oh
Lethe, either Spare my friends, or drown me and my friends together, for I will
not bear to entertain a fruitless Remembrance of them, after they have quite
forgotten me. -- Adieu, write to me, as soon as you [can?].
Contemptu Famae, contemni Virtutem. A Contempt of Fame generally begets or
accompanies a Contempt of Virtue. -- Iago makes the Reflection, that Fame is
but breath, but vibrated Air, an empty sound. And I believe Persons of his
Character, are most inclined to feel and express such an Indifference about
Crooked Richard says all men alike to some loved Vice
incline, Great men choose greater sins -- Ambitions mine! Some such Reflections
and Excuses, I suppose, the worst men always make to justify, or palliate
to them selves and others, their own worst
Actions. Making such a Reflection is throwing Conscience a bone to pick.
Iago. Reputation is an idle and false Imposition, oft got without Merit and
lost without deserving.
Page 24, upside down
[Page 24, upside down]
[THE CASE OF FIELD v.
2 Horses --10th. of Octr. 1758. One Pound
To answer J. [Joseph]
F. [Field ]&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, Damage
Feasant, and was about to drive to the public Pound
Braintree, which Rescous is against the Law of the Province,
made in the Tenth Year of [illegible] the Reign of
William the 3rd, intituled
an Act for Providing of Pounds and to prevent Rescous and Pound Breach, whereby
amongst other Things it is enacted, That if any Person shall rescue any Horses,
taken up damage feasant, out of
[the] Hands of a Person being about to drive them to the
Pound; whereby the Party injured may be liable to lose his Damages and the Law
be eluded; the Party so offending shall for such Rescous forfeit and
[pay] the sum of 40s. to the Use of the Poor of the Town or
Precinct where the offence is committed; besides all
just Damages unto the Party injured; and an Action bath arisen to the said
Joseph to recover the said 40s. aforesaid
forfeiture to the Poor, and the Damages which he the said
Joseph bath sustained by the said Rescous
which he says is equal to Twenty shillings more of the said
Luke, which sums so forfeited and due, the
saidGeorge Luke,tho often requested, bath not paid nor either of them, but
unjustly refuses to do it, to the Damage of the said Joseph as he saith Three Pounds.
[ON INDIGENCE AT HOME,
haud facile emergunt quorum Virtutibus obstat
res angusta domi.
They will hardly emerge from Obscurity, whose Virtues are obstructed by
Indigence at home. To whose Virtues, a narrow Thing at home opposes.
[THE CASE OF FIELD v.LAMBERT, CONTINUED,
For that the said Luke, on the l0th of Octr. last,at with force and Arms and
against entered the said Josephs Close there
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 [illegible] 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 said
Braintree, which Rescous [is] against our
Peace and the Law of this Province, made in the Tenth Year of [the
Reign of] William the 3d.
[Am?] I sensible of the Importance of the Hazard, I run? I
risque my Character and of Consequence my Business, on
the fate of this Writt. [I am?] in doubt
about the sufficiency of it. I am in doubt whether Trespass
[will] lie upon that Act. Whether the Damages done by the
Horses to Fields fences and Grass should not have been more Specially sett forth? Whether it is right to declare, for the forfeiture
to the Poor ad damnum of Field. It was
[desirable?] that somebody should sue for that forfeiture, and
who so proper as the Party injured. How could Debt have been laid for his
Damages, when it is disputable how much they amounted to? The Act says just
Damages, but the Act has not [asserted?] how much is just Damage
in this Case. But may not Debt lie, [where trespass lies?] Can
Damages be given and [assessed?] by a jury in Debt.
If one declares in an Action of Trespass for the taking away of his Cattle,
or one particular Thing, he ought to say, that he took away his Cattle or other
Thing Praetii so much. [I] have not declared for taking away
the Horses pretii so much, but I have declared that Field sustained so much damage by the Rescous and
by the Trespass of the Horses. But if he declares for taking away Things
without Life, he ought to say ad Valentiam so much.
Damages are frequently given to the Party and a fine to the King in
Trespass. Why then may not damages be recovered to Field and the forfeiture to the Poor in Trespass?
In all Trespass there must be a voluntary Act and also a Damage, otherwise
Trespass [will?] not lie. Lamberts Entry and driving his Horses were
voluntary Acts, and the Damage to Field was
the Breach of his fence and destroying his Grass and [illegible] his [illegible] .
24, right side up]
[ I declared?] ad Dampnum of Field. How could I have expressed ad dampnum of him
and the Poor too.
Q. [Query] Whether Debt is not a more proper Action than
Should not the Damages the Horses did to the Fences, Grass &c. have been
Specially shewn, als. how can Defendant make his
Does not this Declaration shift from Trespass into Debt?
Can Defendant know without a Special Shewing of
the Damage done by the Horses to the Fences, Grass &c., how to combat the
Plaintiff, what Evidence to produce.
That heterogeneous Mixture of Debt and Trespass, still perplexes me.
Trespass, Entry, Rescous, forfeiture. Can a Forfeiture be
demanded by Plaintiff in Right of another, in an Action for Trespass.
Trespass for Damages, and Debt for forfeiture to the Poor.
Upon the Commission of that Offence, the forfeiture becomes
compleatly due to the Poor. -- Should not
something have been said of his suing in Behalf of the Poor, for the
What have I been doing. Only drawing a Writt.
When a particular Act of the Province is declared on should that Passage of
it which is particularly to the Purpose be shewn in
Page 26, upside down
[Page 26, upside down]
[A LIST OF PLEADINGS,
Bond to give Deed.
Trespass on the Case vs. Sherriff for the Default of his Deputy.
Case by Baron and feme vs. Executor, on a
Promise made to the feme while [sole . . . later.?]
Ind. [Indebitatus] Ass. [Assumpsit]
for service done at a customary Price.
Plea, in abatement, that the service was insufficient.
Ind. Ass. for keeping a Horse to Hay. 3.
Scire facias vs. Bail. 4.
If it was a [illegible] Writ, I'd lay a Quantum Mer. as
much as he deserved. Can Book be sworn to on Q.M.
Ind. Ass. on a Note of Hand.
Debt to the Clerk of the Company. On Province Law.
Trespass on the Case, by an Infant
Quantum Valebant for Cyder sold by Infant, suing
by his father, his guardian [or] next friend. Trespass for
breaking a [Cows leg.?] 6.
Trespass upon the Case for refusing Marriage after Promise. 7.
[Trespass upon the Case] on a protested Order
[Trespass upon the Case] for not Building a good Barn
according to Order.
Covenant broken, for not warranting Land, according to Cov.
Trespass. Quare Clausum fregit. 9.
Trover and Conversion of a Kettle belonging to Executor.
Trespass Q.C.F. & D.f. 10.
Writ, for declaring at a Bargain unruly Oxen to be orderly. 10.
Quant. Mer. and Ind. Ass. 2 Counts, for Work and service. 11.
Debt [illegible] by Farmer of Excise qui tam for selling
Rum without Licence.
Trespass on the Case by 2d.
Indorser vs. 1st
Indorser for the original Drawer his
[illegible] Absence from the Province and 2d. Indorser unable to pay the
Trespass on the Case for Breach of Promise of Marriage. 14.. Ejectment
vs. Disseisor. joindre of Ind. Ass. and Insimul
Case by Guardian to non Compos for Labour done
by non Compos. Money lent sued for by Administrator. 16.
Case for Money received to Plaintiff by a [demand?] for
Money lent. 16.
Case on a Note for 24 Gallons of Rum. 16.
Ejectment of a Mortgagor by Mortgagee.
Account by Administrator de bonis non vs.
Administrator of the Administrator of him to whom the 1st Administration was
Case on an Order accepted and payed by Plaintiff
at Defendants Request 18.
[Case] on a Bill protested or refused to be accepted.
Case vs. a Carrier for suffering Goods to be
Warrantia Chartae vs. Heir at law. 19.
Debt vs. Executor for not exhibiting a
ful Inventory. 19.
Town Treasurer vs. a Person for entertaining a
Tenant without giving Notice to select men, whereby Charge arose to the Town.
Town Treasurer vs.
Case vs. Town Treasurer by Town Treasurer vs. Constable 20. Case for Bail vs. Principal for Security. 21.
[Case] on an order accepted by Defendant.
Debt for Rent. 21.
Page 25, upside down
[Page 25, upside down]
[Trespass] on the Case, for not rendring an Account of Oxen received to kill and
Warrant to Constable to convey a Pauper to next Town.
.... [Officer?] 22.
Presentment for a Riot. 23.
Presentment, for Administering an Oath without Authority.
Complaint, by Farmer of Excise, vs. one for not
giving an Account of distilled Liquors and Lemons taken in and sold.
Case, for Mony had and received to Plaintiffs
Case by surviving Creditor. 24.
Debt on a judgment of Court. 25.
Presentment for selling fat, instead of Butter. 25.
Debt, by Town Treasurer vs. a Person for
receiving and entertaining a Pauper. 26.
Complaint to a justice, vs. one for writing
scandalous Words, and Warrant thereon 27.
Action for scandalous Words. 28.
Case vs. Defendant for taking away his Son from
Plaintiff with whom he lived to learn his Trade, before the Time agreed on was
Trover of a Pice of Timber.
[Equity?] of Redemption in a Mortgage Deed. 29.
Debt vs. one for not maintaining his half of a
Partition fence, between him and Plaintiff, on 10th of Wm. 3. Chapt. 18.
Case, for not maintaining &c. on the same Law. 29.
Trespass and Ejectment, by Plaintiff [Heir?] to Devisor
after Estate [Tail?] ended. 29.
Trespass on the Case for drowning Plaintiffs Meadow by a Mill dam.
Ejectment. Declaration on Plaintiffs own seizin &c. 30.
Complaint to justice, vs. Dear Killer.
[illegible] , Caption of a Petition to Gen. Court. 31.
Imparlance, Prayer for one. 32. in Ejectment.
Warrant of Town Treasurer vs. Collector.
[NOTES ON PROBATE LAW,
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 [illegible] 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
If a Testator should devise 20 to one, and all the Rest of his
personal Estate to another, and it should happen that this particular Legacy
could not pass to that Legatee, the Residuary Legatee shall have that 20
before the Executor.
Page 27, upside down
[Page 27, upside down]
[A LETTER TO
WILLIAM CRAWFORD, DESCRIBING A VISIT
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,
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, from the Blacksmith in his darksome
Shop to the Chimney Sweeper rambling in the Streets. My Ears were ravished with
every actual or imaginable sound, except harmonious sounds, from the Hurley
burley upon Change, to the Rattling and Grumbling of Coaches and Carts &c.
The fragrance of the Streets, were a continual feast to my Nostrils. -- Thus
Pleasure entered all my senses, and roused in my Imagination, scenes of still
greater tumult, Discord, Deformity, and filth.
As for Reason, what Entertainment could that find, among these Crouds? None.
Thus you see the whole Man, the Senses, Imagination and Reason were all,
equally, pleased. Was I not happy?
But all this is the dark side. -- In reward of this Pain, I had the Pleasure
to sit and hear the greatest Lawyers, orators, in short the greatest men, in
America, harranging at the Bar,
and on the Bench. I had the Pleasure of Spending my Evenings with my friends in
the silent Joys of serene sedate Conversation, and perhaps it is
worth my while to add, I had the Pleasure of seeing a great many, and of
feeling some very [pretty?] Girls.
[Page 27, right side up]
[FURTHER NOTES ON CIVIL LAW,
DECEMBER 1758 -
Judicial [stipulations] are those which proceed from the
mere Office of a judge, as Surety vs. fraud
[illegible] 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 a Legacy, who is running away, and restore either
servant or his Value. Praetorial Cautions are those which proceed from the mere
Office of the Praetor, as a surety of Damage, that is [illegible]
and of Legacies. Damage is all Diminution of our Patrimony. A Damage not done,
is that which is not yet done but which we fear will be
done. [A] surety of a Damage, not done, is that by which, the
owner of decayed Buildings engages to his Neighbor [that] he
will repay thereafter what ever Loss or Damage shall [happen?]
by the fault of his buildings. [A ]surety of Legacies is that
by which the Heir, having given Bondsmen, engages to a Legatary to whom a
Legacy [is] bequeathed on Condition, or at a certain day,
that he on the fulfilment of the Condition,
or [illegible] of the day, will pay the Legacy [illegible] . But if the owner will not give the said sureties to the
Neighbor, nor the Heir to the Legatary, the Neighbour is put into possession of the decayed House by
the Praetor and the Legatary into [possession?] of the
hereditary Things. It is peculiar to the Pretors Cautions to [need
Bondsmen?]. Conventional Cautions are those which are conceived by the
Agreement [of] either Party. There are as many Kinds of
these as there are of things to be contracted. Common are those which proceed
as well, from the Office of Praetor, as of that [of] Judge,
as that the Estate of a Pupill shall be safe, which is
given by Tutors; and a Surety, by which, he who manages the Business of another
when he doubts of a Command, he engageing that the Master shall have [illegible] due.
Of useless Stipulations. An useless stipulation is one that has no Effect in
Law. Stipulations are useless, either by Reason of the Thing, or of the fact
included in the Stipulation, or by Reason of the Contractor, or by Reason of
the form or manner of the Contract. A stipulation is useless by Reason of the
Thing, if any one stipulate a Thing, which neither is, nor can be, in the
nature of Things; allso a Thing which is not in
Commerce, as a Thing sacred, holy, religious, public, a free man, or at least
beyond the Commerce of the stipulator. Also if any one stipulate a property
purely, or [even?] the Thing plainly incertain. If any one
shall promise the fact Act of another, without any Penalty annexed,
also [anything that?] is impossible, either in nature or
Morals. By Reason of the Contract, if they are unqualified, as dumb, deaf, mad,
infant; also, as made between a father and a son or servant and Master; also if
any one shall stipulate to Another than himself unless it
shall [be] to him to whom it is [illegible] , or
a Penalty [is annexed?].
Let me get a clear Knowledge of the Proceedings in the Courts of Probate.
Executor, who accepts the Trust is accountable to the judge of
Probate. [A Judge] of Probate, by Warrant under his Hand and
seal, directed to sherriff &c. to cause such suspected Person to be
apprehended, and brought before such judge to be [examined?]
and proceeded with. A Person suspected of convaying or imbezzling
Part any Part of the Estate of any Person deceased, shall have been cited,
pursuant to Law
AND FIGURATIVE LANGUAGE,
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 Lady. He grows daily more and more timorous of the Nobility, and of
every man of [Respect?] in their Realm. At last, they are
afraid that the stones and trees, and Birds will reveal their Murder and demand
Revenge. Blood for Blood.
Characters are aggravated beyond Life. He draws Ingratitude, Treason,
Hypocrisy, Murder, in the strongest Colours of
Horror. -- In Thinking of any Thing, every Image
that can resemble it, rises at once in strong Colours
in Shakespears mind. When the
News of his Ladies death is brought to Mackbeth, he
turns his Thoughts upon Life.
Out out brief Candle!
Lifes but a walking Shadow, a Poor Player
That struts and frets his Hour upon the Stage
And then is heard no more! It is a Tale
Told by an Ideot, full of Sound and Fury
Here he compares Life, 1st to a Candle, then to a Shadow, an Image taken
from scripture, then to a Player on the stage of Life. Now to a Tale told by an
Ideot, another scripture similitude. -- Persons in
Mackbeths situation are very apt to make these
Reflections and Comparisons. After having committed every Vice and folly, in
order to attain the Goods of this Life, they find that these Goods are all
Trifles, light vain, idle Toys, and then they compair Life to such Things with great Wisdom. Oh the
Horror and despair, the Distress and Anguish of a guilty mind.
Richard, Claudius, Mackbeth and his Wife and Iago
are Characters of Fiends, not of men. The times have been, that when the Brains
were out, the man would die, and there an End, but now they rise again with 20
mortal murders on their Crowns, and push us from our stools. Malcolm and
Donalbain when they find their father murthered and a bloody Dagger laid near
their Bed, and their own Hands stained with Blood, concluded that the Design
was to charge the Murder on them, and to avoid the consequences they fled to
England, and a faulcon towering in her
Pride of Place, was by a mousing Owl haukt at and
killed. The faulcon is Duncan, the mousing Owl
is Mackbeth. The old man observed the Omen. Rosse
takes Notice of another Omen that preceded Duncans Death. Duncans Horses,
beauteous and swift, the Minions of their Race, turned wild in Nature, broke
their stalls, flung out, contending gainst Obedience, as they would make War
with man. Thriftless Ambition that will raven up thy own lifes means.
Mackbeth kills the others that lay in the
K's [King's] Chamber out of pretended Rage at
their [Murder] of the King and tells the Lords and
Attendants, [illegible] their faces and Hands were besmeared in
blood and that [an] unwiped Dagger laid by the Bed side. Not
only Omens preceded, but sympathy in Nature attended Duncans Death. Chimneys
were blown down.
Lamentings heard Abe air, strange screams of Death.
Of dire Combustion and confusd Events
New hatchd to the woeful time.
The obscure bird clamourd the livelong
Some say the Earth was feverous and did shake.
Mackbeths Imagination was
[struck?] and afraid, was as lively and teemed with Notions, a Thousand thoughts came into his Head
when he was [illegible]
His imagination created 100 things, a Voice crying, Sleep no more,Mackbeth doth Murder Sleep; the innocent Sleep. Sleep is
the Idea now. What Thoughts does this call up. Sleep that knits up the ravelled
sleeve of Care, the Death of each days Life. As Death is to a mans whole Life,
so is Sleep to a day each nights Sleep to us, sore Labours Bath, Bath of Labour, Balm
of Hurt minds, great natures second Course, chief Nourisher in Lifes feast. The
Page 28, upside down
[Page 28, upside down]
[ON A PETITION FROM
BRAINTREE TROOPS ENLISTED FOR THE EXPEDITION AGAINST
DECEMBER 1758 -
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 [King], in the british
Constitution, and of Consequence the Governor in ours, has the sole Direction
of Peace and War.Inlisting men, sending them out,
proclaiming War, negociating Peace, concluding Peace, are all with the
sovereign's Power. But the Parliament must raise supplies.
The Court direct and impower the Treasurer to
borrow 28,000, and they enact that the said 28,000 when
[whensoever] borrowed, shall be issued by the Governor, with
Advice of Council, for the levying and cloathing the
said 7000 men, pursuant to the Order of this Court, and for no other use. -- By
Order of Court, and with Advice of Councill.
Cur [i.e. Court?] will grant these Petitions, that People
may be encouraged to list next Spring, even after the time limited for
Inlistments, when the officers are
impowered to impress, and not to be so obstinate
as some were last Spring. Some refused to the last to inlist, and were dragged into the Service at last. If Money
was issued by the Governor to the Officers of this Company or Regiment, to be
given as a Bounty to these men, who inlisted after
the 2d of May as well as to those before, and the
Officers have [defrauded?] them of it, should not this Petition
[represent?] the fraud and pray an Order on the officers to
make Satisfaction? -- Is the Governor, or Coll. Lincoln or Coll. Quincy or Captain Bracket
to blame in this Affair. If there was an Order of the Generall Court that such as should
inlist after the 2d of May should have the Bounty, as
well as those who inlisted before, and the Governor
[paid?] Money accordingly, one of them is to blame.