Spent the Evening at Coll.
Q.'s with Captn. Freeman.
About the middle of the Evening Dr. Lincoln and his
Lady came in. The Dr. gave us an ample Confirmation of our Opinion of his
Brutality and Rusticity. He treated his Wife, as no drunken Cobler, or Clothier
would have done, before Company. Her father never gave such Looks and Answers
to one of his slaves in my Hearing. And he contradicted he Squibd, shrugged,
scouled, laughd at the Coll.in such a
Manner as the Coll. would have called Boorish,
ungentlemanly, unpolite, ridiculous, in any other Man. More of the Clown, is
not in the World. A hoggish, ill bred, uncivil, haughty, Coxcomb, as ever I
saw. His Wit is forced and affected, his Manners to his father, Wife, and to
Company are brutally rustic, he is ostentatious of his Talent at Disputation,
forever giving an History, like my Uncle Hottentot, of some
Wrangle he has had with this and that Divine. Affects to be thought an Heretic.
Disputes against the Eternity of Hell, torments &c. His treatment of his
Wife amazed me. Miss Q. asked the Dr. a Question. Miss
Lincoln seeing the Dr. engaged with me, gave her Mother an Answer,
which however was not satisfactory. Miss Q. repeats it. "Dr.
you did not hear my Question." -- "Yes I did, replies the Dr., and the Answer
to it, my Wife is so pert, she must put in her Oar, or she must blabb, before I
could speak." And then shrugged And affected a laugh, to cow her as he used to,
the freshmen and sophymores at
-- She sunk into silence and shame and Grief, as I thought. -- After
supper, she says "Oh my dear, do let my father see that Letter we read on the
road." Bela answers, like the great Mogul, like
Nero or Caligula, "he shant." -- Why, Dr., do
let me have it! do! -- He turns his face about as stern as the Devil, sour as
Vinegar. "I wont." -- Why sir says she, what makes you answer me so sternly,
shant and wont? -- Because I wont, says he. Then the poor Girl, between shame
and Grief and Resentment and Contempt, at last, strives to turn
off with a Laugh. -- "I wish I had it. Ide shew
know." -- [illegible]
Bela really acts the Part
of the Tamer of the Shrew in Shakespear. Thus a kind Look, an
obliging Air, a civil Answer, is a boon that she cant obtain from her Husband.
Farmers, Tradesmen, Soldiers, Sailors, People of no fortune, Figure, Education,
are really more civil, obliging, kind, to their Wives than he is. -- She always
is under Restraint before me. She never dares shew
endearing Airs, nor any fondness for him.
Talked with Zab about Newton,
Bacon, Lock, Martin,
Desaguliers, S'Gravesende &c. I told him
I had a low Opinion of the Compilers, Abridgers, and Abstract makers. We had
better draw science from its fountain in original Authors. These Writers, the
Hirelings of the Booksellers, only vend us the Discoveries of other
Philosophers, in another form, and under another Title, in order to get Bread
to eat and Raiment to put on. -- Zab says, that
Martin has made several Discoveries -- has invented new
Machines, improved and perfected old ones, nay has even
[illegible] detected Errors in Newton. E.g.
Newton always thought, the Moon was surrounded by an
Atmosphere, but Martin proved it is not; because the
Starrs, that appear all round it above, below and on
each side of it, are not diminished in their Lustre, as they would appear, if
the Rays passed from them thro an Atmosphere.
Then we transited to Dr. Simpson
[Simson], Euclid &c. and he
asked me to demonstrate, that the 3 Angles of a Triangle are equal to a Right.
I undertook it. Draw a right Line, A.B. Erect the Perpendicular, C.D. Draw the
Hypothenuse D.A. Parallel to A.D. draw the Line
[Figure -- see page image]
Now I say that the 3 Angles ACD., CDA., and DAC are equal to two right
Angles. For it is easy to see that DCA., is a right Angle, and that BCE, which
is equal to CAD added to ECD, which is equal to CDA, make another right Angle.
But how do I know that BCE is equal to CAD? Let the Triangle ECB, be moved
along, to the left hand and by the Hypothesis CE will fall upon AD and CB Upon
AC, and of Consequence the a Angles are equal. How then do I know that the
Angle ECD is equal to ADC? See the [Demonstration] in
Then we attempted to demonstrate the 47th of the 1st Book. That the Square
of the Hypothenuse is equal to the Squares of
both the Legs.
[Figure -- see page image]
I am astonished at my own Ignorance in the french tongue. I find I can
neither express my own Thoughts, in it, nor understand others, who express
theirs readily in it. I can neither give nor receive Thoughts, by that
Began Machiavells [illegible] Machiavell
Hunt v. White. Complaint to Coll. Quincy -- of a scandalous Lye, made and published to Hunts Damage.
We appear before your Honour
to complain ofone
of the most a very
slanderous, and malicious Lye
, made and published to our Damage. We complain of a
Violation of the Law of this Province against Lying and Libelling. The Law runs
thus. -- If any Person &c. shall make
wittingly and willingly
make or publish any Lye
or Libel tending to the
Defamation or Damage &c., make or Spread any false News or Reports &c.,
and being convicted before one or more justices, he shall be fined &c. and
find sureties. -- The Legislature, knowing the quickness and Violence of human
Passions saw the Tendency of the Publication of Lyes
and false stories, concerning any Person, to raise his Resentment, and provoke
him to break the Peace. They knew what a Provocation it was, to recur to
and fists and swords, the Remedies of
and to the utter
Disturbance of the Peace of society. To prevent therefore the
and Distraction that might ensue from
such Provocations and Resentment they enacted this Law -- that Men injured in
such a manner might instantly have recourse to a Majestrate
and have the Lyar
punished for his Malice, and bound to the Behaviour
. Now We complain of the Publication of such a
and if we can shew
Defendant has published such a Lye
, i.e. any tending to
our Defamation or Damage, that he has spread a false Report, with Intent to
abuse us and deceive others, we shall expect your Honours
will convict of a breach of this Law, fine him, as
this Law directs, and bind him to his good Behaviour
. In order to this, I beg leave to lay open as
concisely as I can, the previous Facts, which gave Occasion to this
to use the force of the Province Law to this Lye
, this false story.
Mr. Hunt, it seems sometime after last Thanksgiving Day,
made his application to Mr. Justice Dyer, for a Warrant to
search for stolengood
The justice administered
an oath to him and he swore that on last
the Night after last
Thanksgiving Day, his House was broken and 17 of Money stolen from his
Chest. A Warrant of search was granted and dilligent
search was made, but the Money not found. This
opportunity it seems, Captn.
took to raise and spread a Lye
. -- I must be excused,
for using these Expressions.
The Law has pointed them out to me, and
they are the properest that can be found. -- A Lye
has a Tendency, totally and irretrievably to ruin Mr. Hunts
Character, to destroy all Confidence in his Probity, to expose him to an
infamous Punishment, and to make him avoided as [illegible]
Pest to Society.
He seems to have made it his Business to ramble about, and [illegible]
publish his Tale to every Man he saw almost both in
Braintree. To one man He tells
Hunt never lost any Money. To another He stole his Money
himself. To a third he enters into a pretended Proof of his story and says --
Hunt said in
Boston, on Thanksgiving Day Night, which was before his Money
was stolen as he swore to justice Dyer, had told People the
story to which he afterwards swore. To another he is more Particular, and says
Mr. Ballard of
Boston told me, the morning after Thanksgiving, that
Hunt told him of the Breach of his House and the Loss of
his [illegible] money
the Night before. -- Now this we
say is the Lye
. We never told Mr.
Ballard so and Mr. Ballard never told him so. And we
say it has a tendency to our Defamation and Damage. If these stories should be
believed, every Man will believe us guilty
not only of a
fraudulent, lying Disposition, but of Perjury. And if the world should believe
us guilty of Perjury we are undone, for ever. We shall be dispised
. We shall be detested. No man will have the least
Confidence in us. We must become Vagabonds upon Earth. I pray the Witnesses may
be sworn to prove what we say.
The Crime that is implicitly charged upon the Complainant, is Perjury. What
is Perjury? Is it not the worst of Crimes? Is it not, a open deliberate Defyance of Heaven and Earth? Is it not a Challenge of
divine Vengence, and a Contemt of all the Infamy and Misery
of [three?] of the most severe of civil Punishments? Is it not a
Crime that carries with [it] the last Degree of
Reproach? [illegible] It does not indeed strip a Man of the
Protection of Society? We cannot, lawfully, hunt down and kill a Perjured
Person. But does it not strip us of all the Priviledges of society? Does it not disable us to
testify, as Witness on all occasions? Does it not prevent all the World from
believing and trusting us?
The Foundation of this Law, is the Tendency of such scandalous stories to
the Disturbance of the Peace. The Legislature knew the quickness and Violence
of Mens Resentment.
Attended the Tryal all day, between
Hunt and White before Coll. Quincy, at James
What will be the Consequence of this Tryal?with my to me, to Hunt,
and to White? White has been punished, for
his licentious Tittle tatle, but Hunt has [illegible] gained neither Recompence
nor Credit. Benja. Thayer is enraged and Prat and
Pitty [Pettee] were enraged at me for
abusing them, by asking them their Thoughts. Ben. Thayer
continues so, for aught I know, or care. I fear this unsuccessful Prosecution
connected with that of Lovel and Reed, will
occasion squibbs, and injure my Reputation in
Weighmouth. However in both I am well assured I had good Cause
of Action. Lovel and Reed had good
Right,tho the justice was, I dont know what, enough
to give his judgment against them. And stories have been propagated, zealously,
industriously propagated by White, with Design I believe to
convince Mankind that Hunt had been guilty, or at least from a
vain trifling Inclination to shew his Penetration at
Hunts Expence; altho the Circumstances of suspicion against
Hunt have taken such hold of Mens Minds, that no Conviction of
White would have retrieved Hunts Character at
It would have been much better, never to have stirred, in this Affair. The
more He stirs the worse he stinks. -- A Prosecution commenced with so much
Temper, pursued with so much Resolution, andthensupported
by so little Evidence and terminated by Agreement,tho in his favour, yet with so
small Advantage, will give occasion and for
Weighmouth Tongues to wanton in obloquy, and to their sides to
riot in Laughter.
Virtues, Ambition, Generosity, indulged to excess degenerate in Extravagance
which plunges headlong into Villany and folly.
1760 DECR. 18TH. THURDSDAY.
Yesterday spent in Weymouth, in settling the Disputes
between old Thos. White and young Isaac
French. White has the Remainders of his habitual
Trickish lying, cheating Disposition, strongly working to this Day -- an
infinity of jesuitical Distinctions, and mental Reservations.
He told me he never lost a Cause at Court in his Life-which James
White and Mr. Whitmarsh say is a down right
He owned to me that his Character had been that of a Knave and a Villain:
and says every Man of Wit and sense will be called a Villain.
-- My Principle has been, to deal upon Honour with
all men, so long as they deal upon Honour with me, but
as soon as they begin to trick me, I [illegible] think I ought to
Thus every Knave thinks others, as knavish or more knavish than himself.
What an Intrenchment, is this against the Attacks of his Conscience, is
this, "the Knavery of my Neighbours, is superiour to mine."
An old withered, decripit Person, 87 years of Age with a Head full of all
the Wiles, and Guile and Artifice of the Infernal serpent, is really
aPhenomenon melancholly sight.
Ambition of appearing sprightly, cunning, smart, capable of outwitting younger
Men. In short I never saw that Guile and subtilty
in any Man of that Age. Father Niles has a little of that same
serpentine Guile. I never felt the meaning of the Words, Stratagem, Guile,Subtilty, Cunning, Wiles &c. that
Milton applies to the Devil
[in?] his Plan to effect the Ruin of our first Parents so
forcibly, as since I knew that old Man, and his grandson
Isaac, who seems to have the same subtilty, and a worse Temper, under a total
secresy, and dissembled Intention. He has a smiling
face, and a flattering Tongue with a total Concealment of his Designs,tho
a devilish malignant, fiery temper appears in his Eyes. He's a Cassius, like
Ben. Thayer. hopes to Sees thro the Characters of Men, much further, and clearer,
than ordinary, never laughs, now and then smiles, or half smiles.
Father White, with all his subtilty and Guile, may be easily over reached by
[illegible] Men like him self. He is too open, too ostentatious
of his Cunning, and therefore is generally, out witted, and worsted.
Yesterdays Transaction was intended as the final Determination of all
Disputes and Concerns between Mr. White and Mr.
French -- that White should deliver up, or burn all
Bonds, Notes, Leases, Indentures, Covenants and Obligations whatever, and that
[illegible] French on his Part should deliver up, or
burn, all Indentures, Leases, obligations &c., in his Hands. But
[illegible] as the Indentures and Leases were not destroyed, and
some Notes in father Whites Hands not delivered up,
[illegible] I fear, from French's outrageous,
and barefaced Declaration, as soon as affairs were over, "that he had got it
settled exactly as he would have it," and that "the Receipt did not cut off his
Indentures, which would not be in force till his Grandfathers Decease and that
he would sue the remaining Notes, out of his Grandfathers Hands" &c., that
more Difficulties will yet arise between them. I fear too that my burning of
the Arbitration Bonds, and Awards, was a mistaken step, for they might have
remained, as Evidence. However, French declared to me, that he
would surrender all his Writings, if his Grandfather would surrender his;
afterwards in the Evening, at [illegible] But he told me he did
not see the Importance of those [illegible] Indentures.
Five strange Characters I have had Concerns with very lately Josiah
White, Saml. Hunt, old Thomas White,
and Isaac French. Two Fools, and two Knaves -- Besides
Daniel Nightingale, a Lunatick.
French's joy, like that of the Devil, when
he had compleated the Temptation and fall of Man,
was extravagant, but he broke out into too violent a Passion. He broke his own
seal of secresy and betrayed his villanous Designs
to me. On my Resenting his declared Intention, he grew sensible of his Error,
and attempted by soothing to retrieve it. "He was sorry he had broke out so."
-- "The treatment he had suffered made him in a Passion." -- "I raised your
Temper too prodigiously."
There is every Year, some new and astonishing scene of Vice, laid open to
the Consideration of the Public. Parson
Affair, with Mrs. Winchester, and other
Women, is hardly forgotten. A Minister, famous for Learning, oratory,
orthodoxy, Piety and Gravity, discovered to have the most debauched and
polluted of Minds, to have pursued a series of wanton Intrigues, with one Woman
and another, to have got his Maid with Child and all that. -- Lately
Deacon Savils Affair has become public. An old Man 77 Years of
Age, a Deacon, whose chief Ambition has always been Prayer, and religious
Conversation, and sacerdotal Company, discovered to have been the most
salacious, rampant, Stallion, in the Universe -- rambling all the Town over,
lodging with this and that Boy and Attempting at least the Crime
of Buggery. [Now think affair ?]Thus Adultery,
Buggery, Perjury, are-
Justice Dyer says there is more Occasion for justices than
for Lawyers. Lawyers live upon the sins of the People. If all Men were just,
and honest, and pious, and Religious &c. there would be no need of Lawyers.
But justices are necessary to make keep men just and honest and
pious, and religious. -- Oh sagacity!
But, it may be said with equal Truth, that all Magistrates, and all civil
officers, and all civil Government, is founded and maintained by the sins of
the People. All armies would be needless if Men were universally virtuous. Most
manufacturers and Tradesmen would be needless. Nay, some of the natural
Passions and sentiments of human Minds, would be needless upon that
supposition. Resentment, e.g. which has for its object, Wrong and Injury. No
man upon that supposition would ever give another, a just Provocation. And no
just Resentment could take Place without a just Provocation. Thus, our natural
Resentments are founded on the sins of the People, as much as the Profession of
the Law, or that of Arms, or that of Divinity. In short Vice and folly are so
interwoven in all human Affairs that they could not possibly be wholly
separated from them without tearing and rending the whole system of human
Nature, and state. Nothing would remain as it is.
1760.DECR. 18TH [i.e.
I am an old Man seventy odd, and as [I] had my
Education, so I have passed nay whole Life in the Country, &c.
This day and Tomorrow are the last. I have but one Blank left that I can
Governor Bernards Speech to
the [illegible] two Houses, at the opening of the present
sessions, has several Inaccuracies in it. "The glorious Conclusion of the
North American War." -- The
N. American War is not yet concluded, it continues, obstinate
and bloody, with the Cherokees, and will be renewed probably, against the
french [illegible] in
Louisiana. However with Regard to this Province, whose
Legislature, the Governor was congratulating, it may not very improperly be
called a Conclusion.
"The fair Prospect of the security of your Country being settled, upon the
most sure and [illegible] lasting foundations." -- Is not this
sentence filled with Tautology? The security, being secured upon secure
foundations? Emendation --"and the fair Prospect that now Presents itself, of
Tranquility, established on lasting foundations." -- But it is not Tranquility
nor safety, nor Preservation, nor Peace, nor Happiness: but it is security.
Then it is not established, fixed, placed: but it is settled: and then it is
not stable, permanent: but sure: Here are certainly Words used,
mearly for sound.
"This great Contest" &c. Q. -- what does he mean, the War, or the
Conclusion of the War? If the latter, Conquest should have been his
Word: if the former, [illegible]
what follows is not
true vizt. we may date the firm Establishment of the british Empire in
N. America. -- From our late successes and Acquisitions, we may
date that Establishment, but not from our Misfortunes and Losses which made no
Unmemorable Part of this great Contest.
"We form these Pleasing assurances, not only from the more striking
Instances of the superiority of its Power, but also from the less obvious
observation of the Improvement of its Policy." -- Its Power, i.e. the british
Empires Power. Instances i.e. Particulars in which it has appeared. Obvious
observation, has a good Meaning, but an inelegant, inartificial sound. A Defect
of Elegance, Variety, Harmony, at least.
"The improving a Country is a more pleasing Task than the defending it: " --
Improving and Defending Participles, used as substantives with the Article the
before them, will never be used by a grammarian much less by a Rhetorician. I
never could bear such Expressions, in others, and never could use them, myself,
unless in Case of absolute Necessity, where there is no substantive to express
the same Idea.
"As I have consulted your Convenience in deferring calling
you together untill this, the most Leisure
time of your whole Year, &c." "In deferring calling," would never have been
used together, by a discerning Ear. He might have said "in deferring this
session,untill," &c. -- Your whole Year! Why
yours, any more than mine or others? Answer. It is not the most Leisure time of
every mans whole Year. It is the most busy time of some Mens
Deacon Palmers Observation upon this speech, that "he talks
like a weak honest Man," is childish. Tis superficial: Tis Prejudice: Tis a
silly thoughtless Repetition of what he has heard others say.
For, tho there are no Marks of Knavery, in it:
there are marks of good sense I think. Grammatical and Rhetorical Inaccuracies
are by no means Proofs of Weakness, or Ignorance. They may be found in
Bacon, Lock, Newton,
2ND. 1760 [i.e. 1761].FRYDAY.
The Representatives in their Address to the Governor, have told him that
"Great Britain is the leading and most respectable Power in the
whole World." -- Let us examine this. -- Is she the Leading Power, either in
War or Negociation? -- In War? She has no Army,
not more than 50 or 60 thousand Men, whereas
France has a standing Army, of 250,000 men in Camp and in
Garrison. And their officers are as gallant and skillful, their Gunners and
Engineers, the most accomplished of any in
Europe. Their Navy indeed is now inconsiderable, And our Navy
alone has given us the Advantage. But our Navy alone will not make us the
leading Power. How we can be called the Leading Power I cant see.
Denmark, and all
Italy has refused to follow us, and
Sweeden, and indeed almost all the states of
Germany, the Prince of Hesse excepted, have
France. The only Power, independent Power that has consented to
follow us is
Prussia, and indeed upon Recollection it seems to me we followed
Prussia too, rather than the Contrary. -- Thus we are the
Leading Power without Followers.
[illegible] And, if we are not the leading Power, in War, we
never have been the Leading Power in Negociation. -- It is a common Place observation that
the French have regained by Treaty, all
the Advantages, which we
had gained by Arms. Now whether this arose from the superior Dexterity of the
french Plenipotentiaries, or from the universal Complaisance of the other
France and frenchmen, it equally proves that
England is not the leading Power, in Councils.
How are we the most respectable? -- The most respected, I am sure, we are
not! -- else how came all
Europe to remain Neuters, or else take Arms against us-how came
foreigners, from all Countries, to resort to
France, to learn their Policy, Military Discipline,
fortification, Manufactures, Language, Letters, Science, Politeness &c. so
much more than to
England? How comes the french Language to be studied and spoken
as a polite Accomplishment, all over
Europe, and how comes all Negociations to be held in french.
And if we consider every Thing, The Religion, Government, Freedom,
Navy,Merchandize, Army, Manufactures, Policy,
Arts, Sciences, Numbers of Inhabitants and their Virtues, it seems to me, that
England falls short in more and more important Particulars, than
it exceeds the Kingdom of
To determine the Character of "Leading and respectable," as Dr.
Savil does, from a few Victories and successes, by which Rules he
makes Charles 12th to have been in his day, the leading and
most respectable Power, and Oliver Cromwell in his,
and the K. of
Prussia in this, is most ignorant and silly.
In short, "Leading and Respectable," is not to be determined, either by the
Prince, the Policy,
the Army, Navy, Arts, Science, Commerce, nor
by any other national Advantage, taken singly and abstracted from the rest. But
that Power is to be denominated so, whose Aggregate, of component Parts, is
1760 [i.e.. 1761]. JANY. 2ND.
Nathl. Bayley [Administrator]
v. Nathll. Niles. -- Plea in Abatement. Defendant lives on the
Castle, [illegible] within the Town of
Boston but is called of
Braintree. It seems he was born in
Braintree, owns a House And Land in
Braintree, and for about six Weeks past his Wife and family have
Braintree. The Question is therefore whether his Non Residence
is a good Plea? He has not lived in Town these ten Years, but has been for all
that Time, constantly resident, and employed as a serjeant, and a Matross, on Castle William. His Wife
has lived and family have lived, in the Town of
Dorchester, for some Years past, till about six Weeks ago when
removed they removed to
Braintree and at the House where his Wife and family live,
this the Copy of this Writ was left. -- We are not the Man, that is
sued in this Writ. We are not the Defendant in this Action. Mr. Nathl.
Niles, the young Gentleman now study in study with
Mr. Marsh, in Preparation for Colledge, is the Man. -- And let him Answer. -- For
We are called Nathl. Niles of
Braintree. Now it has been adjudged, that, when a Man is called
of such a Town, the meaning is that he is an Inhabitant of that Town, a legal
Inhabitant of that Town, entituled
all the Priviledges
to bear all the Burdens of that
Town. Every Man who is of
Braintree i.e. an Inhabitant of
Braintree, is to be rated by the assessors of
Braintree for his Head. [illegible]
But, my Client
has been rated by our Assessors, for many Years.
Suppose my Clientshould
was poor, should become a cripple or fall
sick, what Town must maintain him? Not
Braintree most certainly, but
Boston. And why? because he is an Inhabitant of
Boston and not of
There is a Difference between
Braintree and in
Braintree, And in Case my Client had come into this Town with
his Wife and lived here to this day,tho
he could not
be called of
Braintree because he is no Inhabitant and liable to be warned
out every day, yet if he had been styled resident in
Braintree that would have done. And this is the style they give
the Regular officers, for 3 Winters past several Regular officers have wintered
Boston. Several of these Gentlemen have been sued, but they are
never styled of
Boston, but only resident in
Boston. There's an Instance in this Town.Miss Glidden
Mr. Gliddens Wife and family, it is well known have lived in
this Town chiefly for some Years,tho
but Mr. Glidden has not. Well now if Mr.
Glidden sues any Man must he style himself of Boston
because his Wife and family live here and
he comes up, once a fortnight to lodge with her. His Writt would abate, if he
should. And I have seen several Writts
, wherein he has
been concerned as Party, and he has been always styled of
Boston. Other Instances innumerable might be quoted.Coll.
Brattle is a remarkable one. He did belong
Cambridge. He married a Wife in
Boston, and lived with her there in her House, and with her
family, so long that People began to take him for a
Boston Man and they sued him, several of them sued him by the
Name of Wm. Brattle
Boston. He pleaded in Abatement of their Writts
, that he was of
Cambridge and not of
Boston, and he shew
had, once or twice a Year, gone up to
Cambridge with his family and stayed a month or two. And
therefore as an uninterrupted Inhabitancy is necessary to gain a settlement in
any Town and he had not Inhabited constantly in
Boston, he abated their Writts
, a 10
times stronger Case than this.
The Castle Men are all considered as Inhabitants of
Boston, so that No Minister will marry a Castle Man, till a
Certificate is produced that he has been published in
JANY. 8TH. 1761.
Last Monday, had a passionate Wrangle, with Eb. Thayer,
before Major Crosby. He called me, a petty
Lawyer. This I resented.
The Justice upon the first appearance.
The Defendant Niles appeared by 10 o'clock, and had his
Costs allowed, is: 6d, for attendance, but nothing for Travel,
tho he lived 8 miles off. Upon the first Appearance
of the Defendants Daniel White, and Neh.
Hayden, the justice pronounced that they should have no Costs,altho no Plaintiff appeared -- because they did not
appear by Eleven O Clock. Now in answer to this, I say, that he never made it
his Rule to allow no Costs to Defendants, appearing after 11 when no Plaintiff
appeared. He has made it his Rule to call out Actions, when the Plaintiffs have
appeared, upon the Non Appearance of Defendants after waiting an Hour for them.
And he has made it his Rule, to allow Costs to defendants appearing at the time
or within the Hour upon the Non Appearance of the Plaintiffs, after waiting an
Hour for them. But I believe, he never made it his Rule till that day, to
refuse Costs to Defendants appearing soon after the Hour expired when no
Plaintiff appeared -- so that, had it been certain that these Defendants did
not appear within two Hours, he would not have been obliged byhisany
Rule of his own Practice to refuse them Costs. But admitting his Rule had been
and absolute to allow no Costs to any Party not
appearing within the Hour -- It was not clear in this Case, that the Hour was
out. By Captn.
Thayers Watch indeed
and by mine, it was after 11 But my Watch was set by Guess that morning, and by
the Justices own Dial it was not yet Eleven, and by Athertons
and several other Persons Judgment of Time, it was not yet Eleven; and some
Allowance ought to be made, for the Difficulty of the Weather and the
But thirdly, the justice ought not to establish any such unalterable Rule.
The Law has made Provision that the Parties shall be paid for the whole Days
Attendance. And these Defendants lived at seven 9 or 10 miles
distance and could not therefore without great Difficulty, in that severe
Weather, and almost impracticable Travelling, have reached the justices House,
by ten O clock:
And to refuse them Costs for Non Compliance with such a rigorous Rule, when
those suits had been commenced by Deputy Sheriffs, some of the suits vexatious,
and all the Writts abateable; after they had been
compelled to ride thro Cold and snow, so many miles,
wasting their own and their Witnesses' Time, and bearing their own Expences, when no Plaintiff appeared and no Body for him
dared to enter his Actions; was a Peice of Oppression like that of the Bashaws
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I am an old Man, seventy odd, and as I had my Education, so I have spent my
whole Life, a few months Weeks in a Year excepted, when I commonly
took a journey, in the Country. I was naturally inquisitive, and a little too
talkative, in my Youth, which Qualities have perhaps increased with my Age, but
as I remember, I used to [illegible] swear at
theimpertinence vanity and Impertinence of old Nestor whose Speeches
I have often read formerly in Popes Homer (a
Book of which I was then, and am still very fond) I expect that younger Men
will laugh at the like Vanity and Impertinence in me, which it shall be my Care
therefore in this Paper, at least to avoid, because I would have the subject of
it, candidly weighed.
Indeed, scarcely any Thing that I have observed, in the Course of a long
Life, deserves more Attention has a greater Influence on the
Religion, Moralls, Health, Property, Liberties and
Tranquility of the World. I mean public Houses.
The Tempers, and Passions, The Prophaneness and brutal Behaviour inspired by the low sort of Company that
frequents such Houses, and by the Liquors they drink there; are not very
compatible with the pure [illegible] and undefiled Religion of
Jesus, that Religion whose first Principle is to renounce all
filthiness and superfluity of Naughtiness. That Inattention
[illegible] and to the public ordinances of Religion
as well as to private Devotion which I have Reasons to think is
prevalent, in these Times is no unnatural Consequence, of the very generall
Resort, to these licentious Houses.
The plentiful Use of spirituous Liquors, produces a strange confustion
of Mind and begins with producing a strange Confusion of Mind, appetite
and Passions, too violent for the Government of [illegible] of Reason; proceeds to involve Men in Debt, and of
Consequence, in Lying, cheating, stealing, and sometimes in greater Crimes; and
ends in a total, and incurable Dissolution of Manners.
Such men of [illegible]
The Effects of such Intemperance upon Health are of two Kinds. It either
throws them into some acute and inflammatory [illegible] fever, which carries them from the Midst of
their Vices and their follies, the Mischiefs they do and
theMiseriesDistresses they suffer, at once into their Graves, or
else it leads them by insensible Degrees, thro all
the [illegible] Gloom and Languor of a Chronical Distemper,despized by many, hated by more
and [pitied?] by a few, to a long expected, and desired death.
Thousands, and thousands, are every Year expiring in
Europe, and proportionable Numbers in
America, the miserable Victims of their own Imprudence, and the
ill Policy of Rulers in permitting the Causes of their Ruin to exist. Allured
by the smell of these infernal Liquors, like the Ghosts, in Romances, allured
by the scent
of human Blood, they resort to these Houses, waste
their Time, their strength and their Money, which ought to be employed in the
Management of their own Affairs and families, till by degrees, much expended,
little earned, they contract Habits of Calesness
, Idleness, and Intemperance; their Creditors
demand, they promise to pay but fail; Writts
Charges are multiplied, for the Maintenance of others as idle as themselves,
and Executions strip them of all they have, and cast their miserable Bodies
into loathsome Prisons.
The Number of these Houses have been lately so much augmented, and the
fortunes of their owners so much increased, that an Artful Man has little else
to do, but secure the favour of Taverners, in order to
secure the suffrages of the Rabbles that attend these Houses, which in many
Towns within my observation makes a very large, perhaps the largest Number of
Voters. The Consequence is that these offices and Elections, [illegible] which all the wisest Legislators of the world, in humble
Imitation of God and Nature have alloted to Probity and Understanding, may in Time, I dare
not say have already become the Gratuity of Tiplers, for Dramms and slops!
Good God! where are the Rights of English Men! where is the spirit, that once
exalted the souls of
Britons and emboldened their
to look even Princes and Monarchs in the face. But
perhaps I am too anxious, and In truth I must own I [so]
revere the true Constitution of our Government, [illegible]
founded in those great Principles, that accomplished in a great Antiquity the
Troy, that extended in a later Period the Bounds of the Roman
Empire and that produced in the English History, so many events for the
Universe to admire, that I cant think of its evaporating and passing from
human Breast with Phlip and Rum, of which Event there
is great Danger, without Rage.
Last of all, innumerable Violations of the Peace and order of society, are
every Day occurring, that spring originally from the same sources. Quarrells,
Boxing, Duels, oaths, Curses, [illegible] affrays and Riots,
are [illegible] daily hatching from Eggs and Spawns, deposited in
the same Nests: in short these Houses, like so many Boxes of
Pandora, are sending forth every day innumerable Plagues of
every kind, natural, moral and political,
that increase and
multiply fast enough to lay waste in a little While the whole World.
How different is this, from the state of Things in my Youth. Instead of an
unmanly Retreat to the Chimny Corner of a Tavern, the young fellows of my Age
were out in the Air, improving their strength and Activity, by Wrestling,
running, leaping, lifting, and the like vigorous Diversions, and when [illegible] satisfyed with these,
resorted every one to his Mistress or his Wife. Love, that divine Passion,
which Nature has implanted for the Renovation of the species, and the greatest
solace of our Lives: virtuous Love, I mean, from whence the greatest Part of
human Happiness originates, and which these modern seminaries have almost
extinguished or at least changed into filthiness and brutal Debauch, was then
considered as God intended it, both a Duty of our Nature and the greatest
source of our Bliss. But it is melancholly to
think that the present Prevalent Debauchery, which tends so much to shorten the
Lives of the present Generation, tends also, to prevent the Propagation of a
succeeding one. I really am afraid that in another Century, unless some wise
Precaution should intervene, a Man of my Age will be the rarest Phenomenon.
I should be called talkative indeed if I should attempt to develope the
Causes of that strange Multiplication of such Houses, that is lately grown up.
But I fear, that some select Men are induced by a foolish Complaisance,
and others by Designs of Ambition to give their Approbation to too
many Persons who are improper, and perhaps to too many that are proper for that
Trust. I am afraid that some justices may be induced by lucrative Motives, by
mercantile Principles to augment the Manufactory or the Importation of Rum or
, without Attending to the other
Consequences, which are plainly pernicious.
But let this Paper be considered as a Warning from one who has seen better
days, to Magistrates to suppress, rather than increase within their Department
-- to select men to discountenance Pretenders rather than
encourage [them] in their sphere -- to Parents and Masters,
to restrain their Children And servants from frequenting. And in short let
every Man endeavour to keep one, from suffering any
Injury from them, in any Respect.
I was too incautious, and unartful in my Proceeding, but Practice makes
perfect. I should have first taken all the summonses, into my own Hand, or
Powers of attorney from the Defendants. Then I should have moved that the
sheriff should be directed to return his Writts, that
against White and that against Hayden. Then I
should have drawn a complaint, on each of them, and filed them all. Then I
should have desired the justice to make a Record of his judgment. This would
have been regular, masterly Management, but I had no Time to think and
This is the third Time I have been before Majr. Crosbey
with Thayer. The first time, he was for John
Spear. That Action was demolished. The next time he appeared for
Nathan Spear against Eph. Hunt and
John Vinton. Those Actions were demolished. The last time he
appeared for Bayley, against Niles,
White, Hayden, &c. These Actions were all
demolished. Thus I have come off, pretty triumphantly every time, and he pretty
foolishly. Yet I have managed none of these [illegible] Cases, in
the most masterly manner. I see several Inadvertent Mistakes, and omissions.
But I grow more expert, less diffident &c. I feel [illegible]
my own strength. I see the complacent Countenances of the Crowd, and I see the
respectful face of the justice, and the fearful faces of Petty foggers, more
than I did.
I really am
You remember that I wrote you a new Years Address, about two Years since,
containing some few Articles of Advice that I then thought would pass with
Propriety, considering the Relation between us, from me to you. You are at
least two Years older, than you were then, and from a careful observation of
your Conduct, I have found few Occasions of Blame, and from [illegible] your Conversation, and a frequent Inspection of your
Compositions, I have reason to think your time has been [illegible] in general, and in Comparison of the rest of your own sex,
not ill improved.
But there are numberless Particulars that I had then no Leisure to discuss,
and which some Persons of our sex but more of yours think not worthy to
discuss, that will fill the remainder of this Letter and be I hope no
unacceptable Present, for the Year 1761.
The first relate to the Delicacy of your own Persons and Houses. It has been
the constant observation of foreigners who have lived in
England, that the british Ladies are the least careful, to use
no harder term, in this Respect than any Ladies, in Christendom. The Brightness
of Plate and Dishes, floors, and every other Thing in a House even in a
Kitchen, has been always observed by Travellers, even into
Holland, where the enormous sizes of the Ladies, and their
consequent sloth and Heavyness
, one would think
would incline them to another extreme. The same Nicety is observed in
France and elsewhere, but the very general Complaint of british
Ladies is that their Teeth, Necks, Hair, Perspiration and Respiration, Kichens
and even Parlors are no cleaner nor sweeter than they should be. And the same
ground of Complaint is in
America. For my own Part, tho
attentive to my own Person, nothing is so disgustful and loathsome to me, and
almost all our sex are of my mind, as this Negligence. My own Daughters,
whenever they shall grow to Years of Discretion, I am determined to throw into
a great Kettle and Boil till they are clean, If I ever find them half so nasty
as I have seen some. That you may gain proper sentiments on this Head, and
reduce them most religiously to Practice, I recommend to your careful Reading,
the Works of Dr. Swift and Dr. Shybear
, especially the former, and
let me warn you against any Prejudice to him, or his sentiments on
Account of that open Defyance
and Contempt in which
he held your sex.
2. The next Article is that of Dress. It may be justly considered, as the
Principal Design of a young Lady from her Birth to her Marriage, to procure [illegible] and prepare herself for a worthy Companion in Life. This I
believe is modestly enough expressed. Now the finest face, and shape, that ever
Nature formed, would be insufficient to attract and fix the Eye of a Gentleman
without some Assistance and Decoration of Dress. And I believe [illegible] an handsome shoe, [illegible] well judged
Variety of Colours, in Linnen, Laces &c., and even the Rustling of silks has
determined as many Matches as the feature any natural features, or
Proportions or Motions. Hes a fool that is determined wholly by either or by
both, but even a wise man will take all these, as well as others less, into
I cannot be supposed to be master of the whole Art of Dress, nor to give
your Conduct of it. I only say study it, even of your
selves. Study it even as a science, and take in Hogarths mathematicks
to your Aid.
3. The 3d is [illegible] [a] sense of
Elegance. This may perhaps include both the former, but I mean in this Place
such a Disposition of the Affairs of a family, such a management of an
Entertainment, and such a judicious
Neither rich furniture nor dress, nor Provisions, without this, will ever
The 4th is Behaviour in [illegible] mixed Companies. I would not have you Pedants [illegible] in Greek and Latin nor the Depths of science, nor yet over
fond to talk upon any Thing. When your opinion is asked, give it. When you know
any Thing, that the Company are at a loss for, disclose it. But what I mean is
this. Attend to the Conversation of Gentlemen even when News,Politicks, Morals, Economy, nay even when Literature and
science but beyond [illegible] the fathom of your Line make the
subject: do not attempt
to turn the Conversation to Billy's
Prattle -- To the Doggs, or Negroes or Catts
, or to any
little contemptible tittle tattle of your own.
5thly. Observations of Mankind, or what is called the World. As the House is
your Theatre of Action, an Attentive Observation of Domestic Characters should
be your Rule. You are in all Probability in some future Part of your Life, to
have Husbands. Remark carefully the Behaviour of
other Wifes, wherever you go, to their Husbands, but
distinguish well between Propriety of Behaviour and
the Contrary. You will probably some time or other have Children. Remark then
every Mothers Management of her Children, in their Education, Morals,
Behaviour, Dress, Diet &c., with the same
You may by a Course of Reflection on Instances of this sort among Gentle and
simple form to yourselves from reason and Experience, a System of Rules that
may one day produce an Hero or a Legislator, a great Statesman or Divine or
some other great Character that may do Honour
to the World -- the Highest Pinacle of Glory to which a Woman can
in Modesty aspire.
You will also act hereafter as Mistresses. Let your Attention therefore be
fixed on the Behaviour of servants and their
Treatment from their Masters and Mistresses.
In short, domestic Morality ought to be your principal study, and you ought
not to suffer one Character in the Drama of a family, to be unexamined.
6thly. With regard to Conservation with Under this Head of
Conversation with the World falls naturally enough that into which
you must if you are not singular, and you will, if you pursue your own
Inclinations, sometimes, fall -- Conversation with some Person of the other Sex
alone: and this before Marriage And even Courtship. Our illustrious young
Monarck, indeed, will probably be married by Proxy
to some Princess abroad, that he never saw: and and this is for
Reasons of State, no doubt necessary: Yet it is thought an Hardship, and the
prevailing Custom of the World, for this
Reason perhaps, allows
Prince his Mistress as an alleviation.
And it seems, by what I see and hear, that Persons of Rank and figure even
in this Province, are desirous that their Daughters should be married to Men
who never saw them, by their prevailing Practice of concealing them from all
Males, till a formal Courtship is opened. This Practice must proceed either
from deplorable folly, an Awkward Imitation of Majesty, or else from a
Consciousness of their Daughters futility and a Dread to expose them.
But be it remembered that no Man that is free and can think, will rush
blindfold, into the Arms of any such Ladies, who, tho it is possible they may prove Angells of Light, may yet more probably turn out Haggs of
You must therefore associate yourselves in some good Degree, and under
certain Guards and Restraints, even privately with young fellows. And,tho Discretion
must be used, and Caution, yet on [considering ]the whole of
the Arguments on each side, I cannot wholly disapprove of Bundling.
Lest a maiden Nicety should prevent the Correspondence, proposed the last
Week, I have taken my Pen to open it, upon the lofty subject of Law. We shall
be called silly, and tasteless &c. for ought I know, or care. For let the
smart sayings of the gay, and the grave Satyrs, even of the wise and learned be
what they will, I have for my own Part, and I thank God for it, no bad Opinion
of the Law, either as a science, or a Profession.
Why the minute Arteries and Tendons of the human Body, the organization of
the human Voice, and mouth, and numberless other subjects of the like sort
should be thought worthy of the Attention of a liberal Mind; and the no less
Wonderful and much more important combination of Passions, Appetites,
Affections, in the human Breast that operate in human
society,beneath too futile, or too disagreable, for a wise Mans Examination, I cannot
imagine. -- Nay if we proceed to the Positive Institutions of the Law, I cannot
think them so extreamly dull, uncouth, and
unentertaining as you and I have heard them
represented, by some
whom we love and honour
[illegible] Multitudes of needless Matters and some that are
nonsensical, it must be confessed have in the Course of Ages, crept into the
Law. But I beg to know, what Art or Science can be found in the whole Circle,
that has not been taught by silly, senseless, Pedants, and is not stuffed with
their Crudities and Jargon.
The Man who intends to become skilful in any science, must be content to
study such Authors as have written upon it. No Man will be an adept in
Grammarwithout or Rhetoric, or Poetry, or Music or Architecture,
without labouring thro a
vast deal of Nonsense, and Impertinence -- in short, Nonsense seems an
unalienable Property of human Affairs. And it is as idle to expect, that any
Artist should write well upon any subject, without intermingling some
Proportion of it, as it is to expect, that a rapid Torrent should descend from
the Mountains without washing some Dirt and Earth along with it.
But if the Great Grandeur and Importance of a subject, has any
share in the Pleasure it communicates, I am sure the Law
far the Advantage of most other sciences.
Nothing less than the Preservation of the Health and Properties, Lives and
Tranquility, Moralls and Liberties of Millions of the human species, is the
object and Designs of the Law, and a Comparison of several [illegible] Constitutions of Government, invented for those Purposes,
an Examination of the great Causes of their Danger, as well as those of their
safety, must be as Agreable an Employment as can exercise the Mind.
But it is a science that comprises a Multitude. And great Industry, as well
as many Helps are needful, to subdue it.
And in truth I do not know a more agreable
Help, than the Correspondence of a Friend. Exchange of observations --
Proposing Difficulties -- stating Cases -- repeating Arguments -- examining
sophisms -- will alternately both arouse and support our Ambition,
and wear by easy Degrees, a system of Law into the Mind.
The Plan, that I would propose then is this -- for you to write me, a Report
of any Case you hear argued before the Courts of Admiralty, Court of Probate,
Governor and Council, Court of Sessions,
Justice of the Peace
&c. that you think curious. Propose Questions, for Examination, and write
me Answers, to Letters from me on all the foregoing subjects.
And if you we will secrete my each
others Letters, we shall at least avoid the Ridicule of others. But if we
should be detected, we can say that Tully and
Atticus held some such Correspondence before, that never
raised a Laugh in the World. And if we say this we must run off to avoid the
Reply, of a Pigs turd to a Pine Apple.
Neal v. Spear. Plea in Abatement.
Defendant is a Yeoman, but not a Gentleman, as styled in the Writ."
This Exception has an Air of Humility, that may be suspected to be
as This Exception, it must be owned has not a very honourable Air, but if the [illegible] Circumstances of this Action, are considered, the Defendant
will not be blamed.
My Client is a very Poor Man, but happened to be a Bondsman for
Brackett, to the Plaintiff who is rich and in no Want of the Money.
My Client was bound to this Plaintiff, for Bracket in his
Life time, in this [illegible] Obligation.
Bracket died, and this Plaintiff Neal brot his Action last Term against the Administratrix on
Bracketts Estate, and that Action is now pending in this
Court: But Bracketts Estate proves in solvent: and now
Neal has brot this Action against a
poor Bondsman. My Client is very poor, and unable to pay this Money, and
therefore will be excused for taking all ad legal Advantages, till
he can have some assistance from Bracketts Estate, to pay
And, for my own Part I had a further, and a stronger Reason for not
discouraging my Client which was this. This Writ was drawn by a Deputy Sheriff,
or at least by somebody in the service and Employment of that Deputy Sheriff:
and against such Writts your Honours will no doubt commend me for taking all legal
And this Exception is, in law fatal. If we are obliged to give any Additions
to Parties we should be obliged to give the Right
and not call
Esquires Labourers, and Labourers Esquires.
If it is of any Consequence to society that Ranks and subordination should
be established in it, it is of Consequence that the Titles denoting those Ranks
should not be confounded. Now there are no two Titles more distinct from each
other than Yeoman and Gentleman. The Yeomanry and Gentry of
England is the most ancient and universal of all Divisions of
Now the present Defendant is not a Gentleman in any Respect, neither by
Birth, Education, Office, Reputation or Employment: and indeed I have no Reason
to think him one in Thought, Word, [illegible] or Deed.
He springs from ordinary Parents, he can [illegible] scarcely
write his Name, his Business is Boating, he never had any Commissions, and
therefore to call him Gentlemen is an arrant Prostitution of the Title, and
ought to abate the Writ.
His Majesty has declared him self,
by his Speech to his Parliament to be a Man of Piety, and Candor in Religion, a
friend of Liberty, and Property in Government, and a Patron of Merit.
"The Blessing of Heaven, I devoutly emplore" -- "as the surest Foundation of
the whole, (i.e. the Loyalty and affection of his People, his Resolution to
strengthen the Constitution, the civil &c. Rights of his subjects and the
Prerogatives of his Crown &c.) and the best Means to draw down the
divine favour on my Reign, it is my fixed Purpose to
countenance and encourage true Religion and Virtue. "These are Proofs of his
He promises to patronize Religion, Virtue, the british Name and
Constitution, in Church and state, the subjects Rights, Liberty, Commerce,
military Merit. -- These are sentiments worthy of a King -- a Patriot King.
Mem. To enquire of Tufts,
Gould, Whitmarsh, Hunts,
Whites, &c. about their Method of mending High Ways by a
And to enquire at
Worcester, whenever I shall get there of
Chanlers, Putnam, Willard,
Paine, Swan &c. about their Method. They
mended their Ways by a Rate, I am sure.
Saml. Clark, Jo. Field, Eb. Newcomb
Danl. Nash, the Mirmidons of
Luke Lambard, Ben Hayden, Saml.
Clark &c. all the Mirmidons of
Thayer &c. Mirmidons,
Bulldoggs, Hounds, Creatures, Tools.
Weymouth mends her Ways by a Rate. Each Man is rated so much,
and a Days Work is estimated at so much, an Horse, a Cart, Yoke of oxen &c.
at so much, so each Man has his Choice, to pay his Money or to work it out. --
I did not think to ask What sum they expend yearly to mend Ways.
Qure. How they mend their Ways, Streets, Lanes, Alleys &c. in
Boston. Whether by a Rate. [illegible] Is not the
Town taxed for Pavement of streets &c. Q. Whether they ever permit those
who choose it to work it out themselves.
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