Paper book No. 9 copied. ["Paper book No. 9 copied." added by Charles Francis Adams][No transcription available -- see page image]
Inside Front Cover
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FEBY. 1st. 1763. TUESDAY.
Last Thurdsday afternoon, rode to
Germantown, and there stayed at my friend Cs.
till the last Night. Four Nights, and four days. Those
2 families well deserve the
Character they hold of friendly, sensible, and Social. The Men, Women and
Children, are all sensible and obliging.
Mem. The notable Anecdote of Coll.
Josa. Quincy. The Hydrostatical Experiment. And the
other of Mrs. Lincoln, equally curious and instructive. The
Pinching, and the Sprinkling, &c.
Mem. The other Anecdote of Mr. Erving. He has prophesyed so
long, and with so much Confidence that
Canada would be restored to the French that, because he begins
to see his Predictions will not be fullfilled, he is now straining his
Invention for Reasons, why we ought not to hold it. He says, the Restoration of
that Province can alone prevent our becoming luxurious, effeminate, inattentive
to any Danger and so an easy Prey to an Invader. He was so soundly bantered,
the other day in the Council Chamber, that he snatched his Hat and Cloak and
went off, in a Passion.
Mem. The other of a Piece sent to Fleet to be printed, upon the Unfitness of
to represent this Province,
at the british Court, both in Point of Age and Knowledge. He is as that Writer
says 70 Years old, an honest Man but [illegible]
Woolen Draper, a mere Cit, so ignorant of Court and public Business, that he
knew not where the public offices were, and that he told
, that he was Agent
for New England. He says that all the other Agents laugh at this Province, for
employing him. And that all Persons on that Side of the Water are
at us. That the Considerations on the
present German War, were written by a Person unknown, who hired or persuaded
Mr. Mauduitt to father it.
Ob. [Observation] The Character of Aunt
Nell, exemplified. Mrs.
Eunice told us the Catastrophe of two of her Teeth, she broke them out
at Table in Company, and to avoid exposing her self, swallowed them.
I spent an Evening at Mrs. Palmers. Mrs. E.
[Eunice] was very sociable, she had the lead all
the Evening. Gave us History's of her journeys with her Brother, to
Norton, &c. Descriptions of Seats and Roads, and Thicketts,
Characters of Persons, Men of both sexes, and the hospitable offices
of strangers, &c., and above all the Tittle, Tattle of the Town of
Taunton, what Families Visit, and what not. The little female
Miffs, and Bickerings. Dr. McInsters
Fales, &c. &c.
The Temper and Habits of stale Virginity, are growing upon her. She is
talkative. Q. [Query] whether envious, sullen and
passionate? She is no slanderer. She is tender of Characters and gives Merit
its due Praise. The History of her Loves is curious, but not uncommon.
[H.?] or Di. was a
constant feast. Tender feeling, sensible, friendly. A friend. Not an imprudent,
not an indelicate, not a disagreeable Word or Action. Prudent, modest,
delicate, soft, sensible, obliging, active.
Where all was full, possessing and possest
no craving Void left Aching in the Breast.
Books, we read 5 Sermons in Dr. Shirlock
[Sherlock], and several Chapters in the Inquiry
into the origin of our Ideas of the Sublime and the beautiful. The Chapter upon
Sympathy, they all disapprove. The Author says we have a real Pleasure, in the
Distresses and Misfortunes of others. Mem. To write a Letter to
Sewal or Quincy, or Lowell on the subject of that Chapter.
I employed however, too little of my Time in Reading and in Thinking. I
might have spent much more. The Idea of M. de Vattell
indeed, [illegible] scowling and frowning, haunted
Q. Do we take Pleasure in the real Distresses of others? What is my
Sensation, when I see Captn.
Cunningham, laid up, with the Gout, and hear his plaintive
Groans? What are the feelings of the Women, at Groanings? What is my feeling
when I hear of an honest Mans loosing a ship at Sea? What when I hear [sentence
Memorabilia of this Week.
The Bar agreed upon these 4 Rules.
1st. That the Clerk call the Plaintiff, and if any Body answer, except the
Plaintiff or some sworn Attorney, his Power be demanded, and no general Power
in such Case be admitted.
2dly. That no Attorneys Fee be taxed for the future where the Declaration
was not drawn by the Plaintiff himself, or some sworn Attorney.
3dly. That no attendance be taxed, unless the Party attend personally, or by
some sworn Attorney.
4. That no Attorney be allowed to Practice here unless sworn in this Court
or in the superiour Court.
Mr. Gridley read these Rules to the Court as
unexceptionable Regulations, agreed upon by the Bar. Mr. Otis
arose and said he had the Credit of the Motion, but he never had moved for any
such Rules as these, for they were vs.
the Rights of Mankind, and he was amazed
that so many wise Heads as that Bar was blessed with could think them
practicable, and concluded that he was for one, entirely against them. And said
that all schemes to suppress Petty fogger's must rest on the Honor of the Bar.
Foster Hutchinson asked why then was the Court troubled
with the Motion? Judge Watts said if the Bar was
not agreed the Court could do nothing. And at last they determined to consider
Thus with a whiff of Otis's pestilential Breath, was this
whole system blown away.
But the Barr was in a great Ragel
Thatcher said to
A. [Auchmuty] and me, "whoever votes for him
to be any Thing more than a Constable let him be Anathema maranatha. I
pamphleteer for him again? No. Ile pamphleteer
K.-t. [Kent] damned him and said he had
been abused by him personally, in such a manner as he never would forgive,
unless he made him more satisfaction, than he imagined was in his Power.
Thatcher moved, that in the Cards to be sent to the judges,
the Expression should be "The Bar, exclusively of Mr. Otis,
invites," and Auchmuty, Kent,
Gridley and I, as well as Thatcher voted for
Auchmuty and Fitch were equally warm. They
talked about renouncing all Commerce or Connection with him.
Gridley talked about treating him dryly and decently.
Auchmuty said, the two Principles of all this were
Popularity, and Avarice.
He made the Motion at first to get some of these Under strappers into his
service. He could not bear that Q [Quincy]
and Auch. should have Underworkers and he none. And he objected to the Rules,
to save his Popularity, with the Constables, Justices
Story and Ruddock &c. and Pettyfoggers of the Town, and
with the Pettyfoggers that he uses as Tools and Mirmidons in the House.
Mr. G. said he went off to avoid a Quarell, for he could
not bear it. Such Tergiversation, such Trimming, such Behaviour.
K. and Auch. said they had born with his
Insolence thinking him honest, tho hot and rash and
passionate, but now he appeared to act against his Conscience.
Recipe to make a Patriot
Take of Revenge, Malevolence the several Species of Malevolence,
as Revenge, Malice, Envy, equal Quantities, of servility, fear, fury, Vanity,
Prophaneness, and Ingratitude, equal Quantities, and infuse this Composition
into the Brains of an ugly, surly, brutal Mortal and you have the
The Life of Furio.
Croatia. His Descent. Education, at school, Colledge, at the Bar. Historians relate that he was
grossly slandered, by a story of a Bastard on a Negro, his Wrath at Plymouth,
at Boston he Heads the Trade, brings Actions, fails, is chosen Representative,
quarrells with Governor, Lieutenant [Governor], Council,
House, Custom house officers, Gentlemen of the Army, the Bar, retails prosody,
writes upon Money, Prov. [Province] sloop.
Belcher v. Hunt. This is an Action of
Trover, for converting shingles to Hunts Use. The shingles were cutt upon Land which Jonathan White claims
and has possessed for 20 Years.
There is a Question to be determined by the Court previously to the
Tryal of his Action, vizt. whether a Title to Land can
be given in Evidence, in the Tryal of these Actions of
Multa conceduntur per Obliquum quae non conceduntur de directo. 6. Rep. 47.
Debitum et Contractus sunt nullius Loci. 2. Inst. 231.
Probate of Mr. Edwards's Will, Coram Governor and Council.
John Edwards, one of the Heirs at Law of Samuel
Edwards, appealed from the Decree of the Judge of Probate, 1st.
because said Saml. at the Execution of said Writing [illegible]
and long after was not, nor for a long time before had been of a sound and
disposing Mind and Memory, but was non Compos.
Quaere. What is an Insanity, in Law? that disqualifies to make testament?
and whether Saml. Edwards was so insane. Woods Inst. Page 336.
Those who have not a sound, perfect and disposing Memory, for it is not
sufficient that the Testator hath a Memory. 6. Rep. 23. Lunaticks in their
Lucid Intervals may.
Dissertation on the word "perfect." A perfect Memory exists not -- i.e. a
Memory retentive of every Idea that ever was in the Mind. Nor is the Man who
has the strongest Memory always the fittest to make a Will. For the observation
is very common that Men of the strongest Memories have not always the soundest
judgments. The Memory of Xerxes or of
Csar is not necessary to make a Will.
2nd. of James.
Our Case. I promise to pay A or order. I have paid A. and now I must pay the
[DRAFT OF AN ESSAY ON AGRICULTURE,
eventually published in theBoston Gazette, 18 JULY 1763.]LATE JUNE 1763 [Before 18 July
[The rough draft (appearing on pages 12 - 24) eventually was published in
the Boston Gazette, 18 July 1763. The transcription below matches the draft as
it appears on the manuscript pages with the conclusiion appearing on pages 12
and 24 and the first sentence of the published version ("Among the Votaries of
Science,...) appearing on page 13. ]
To conclude Let the World in general consider, that the Earth, and the seas
and the Air, are to furnish all Animals, with food and Raiment; that mere
animal strength, which is common to Beasts and Men, is not sufficient to avail
us of [illegible] any considerable Part of the bountiful
Provision of Nature; that our Understandings, as well as our Arms and feet,
must be employed in this service. And Let the few who have been distinguished
by their ? by greater intellectual Abilities than
[illegible] Mankind in general, consider, that Nature intended
them for Leaders of Industry. Let them be cautious of certain Airs of Wisdom
and superiority by which some Gentlemen of real sense and Learning, and Public
spirit, giving offence to the common
People, have in some Measure defeated their own benevolent Intentions.
Let them not be too sparing of their Application or Expence, lest failing of visible Profit and success they
expose themselves to Ridicule and rational Husbandry itself to Disgrace among
the fair Progeny of Science,
and the numerous [functions?]
of Fame, Utility [sentence
Among the Votaries of Science, and the numerous Competitors for Fame and
Estimation, Utility seems to have been remarkably neglected. The Utmost
subtlety of Wit, and all the labours of pertinacious
Industry have been employed by Mathematicians to demonstrate little,
unimportant Geometrical Niceties, or in searching for Demonstrations of other
Propositions, which there is not the least Probability will ever be found.
Philosophers have employed the Advantages of G? Advantages of great
Genius, Learning, Leisure, and Expense, in examining and displaying before the
World, the formation of Shells, and Pebbles, and Insects, in which Mankind are
no more interested, than they would be in a laborious Disquisition into or sage
Conjectures about the Number of sands in the Moon or of Particles in the solar
learned Pens are employed, much Time
spent and much Mischeif and Malevolence occasioned, by Divines about
Original of Evil, and other abstruse
subjects, that having been to no good
under learned Examination so many Centuries may by this Time be
well enough concluded unfathomable by the human Line.
But all this while, Agriculture, the Nursing Mother of every Art, Science,
Trade and Profession in civilized society, has been most ungratefully
despized. It has been too much so in Europe, but
infinitely more so in
America, and perhaps not the least so in the
With Advantages of Soil, and Climate, that few Countries as the
Earth under Heaven can presume to boast, will any intelligent Person
believe, we do not raise our own Bread? Capable as we are of making easily and
at a very small Expence many Liquors as
wholesome very wholesome,
palatable, and delicate Liquors,
will it be believed that we send every Year
abroad every Year, at a
very great Expence
, for others that are unwholesome,
When it is in our Power, without any Difficulty, to raise many other
Commodities, enough not only for our own Consumption, but for Exportation, will
it be credited without surprize, that we send every
Year, allmost the whole Globe over, for such
Commodities to import to import such Commodities for our own Use?
Yet all these Facts, incredible as they would seem to some worthy People,
are indisputably true. But it cannot long continue to be true. The sources of
our Wealth are dried away. And unless we seek for Resources, from
Agriculture Improvements in our Agriculture and an Augmentation of
our Commerce, we must forego the Pleasure of Delicacies and ornaments, if not
the Comfort of
of real Necessaries, both in Diet and Apparell.
The Intention of this Paper then is to intreat my
worthy Countrymen who have any Advantages of Leisure, Education, or
Fortune to [illegible] amuse themselves, at convenient
opportunities, with the study, and the Practice too, of Husbandry. Nor let the
narrow Circumstances of others who have Power to think and Act, discourage them
from exerting their talents in the same Way, for
haud facile emergunt, Quorum Virtutibus, obstat
Res angusta Domi
with all its Truth and Pathos, has done more
Mischief in the World by soothing the Pride and Indolence of Genius, than it
ever did good, by prompting the rich and Powerfull to seek the solitary Haunts
of Merit to amplify its sphere.
In making Experiments, [illegible] upon the Varieties of
soils, and Manures, Grains and Grasses, Trees, and Bushes, and in your
Enquiries into the Course and operation of Nature in the Production of these,
you will find as much Employment for your Ingenuity, and as high a
Gratification to a good Taste, as in any Business or Amusement you can
chuse to pursue. The finest Productions of the Poet
or the Painter, the statuary or the Architect, when they stand in Competition
with the great and beautiful operations of Nature, in the Animal and Vegetable
World, must be pronounced mean and despicable Baubles. The Mathematician, the
Philosopher, the Chymist, and the Poet may here improve every Branch of their
favorite sciences to the Advancement of their Health, the Increase of their
Fortunes, and the Benefit of their Country.
But if I might descend without Presumption or offence to Particulars, I would recommend both the Theory
and Practice of Husbandry, to Divines and Physicians, more than to any other
orders. For the former having more Leisure and better opportunities for study
than any Men, will find this an agreable
Relaxation from the arduous Labours of their
Profession, an excellent Exercise for the Preservation of their Health, a means
of supplying their families, with many [illegible] Necessaries,
at a trifling Expence that might otherwise cost them
dear; and an excellent Example of Ingenuity, and Industry, removing many
Temptations of Vice and Folly to the People under their Charge. Besides that
their Acquaintance with the sciences will give the subservient to
Husbandry, will give them great Advantages, and in the Prosecution of such
Enquiries, they will find their sentiments Exalted, their Ideas of divine
Attributes displayed in the scenes of
Nature, improved, and their
Adoration of the great Creator and his Providence increased.
Physicians have many Advantages not only of the World in general, but of
other liberal Professions. [illegible] The Principles of those
sciences which subserve more immediately their peculiar occupation are at the
same Time the grounds Foundation of all real
[and] rational Improvements in Husbandry. Necessitated as
they are to much Travel and frequent Conversations, with many sorts of People,
they might, for their own Amusement and Diversion, remark the Appearances of
Nature, and store their Minds with many useful observations, which they
might communicate among their Patients, without the least loss of Time or
Interruption to the Duties of their Profession.
These observations were occasioned by a late Piece in your Paper, signed
H.P. -- Who was the Author of that
Piece, what were his Intentions, in Writing, whether to do good or to do Evil,
and why he chose that manner of conveying his Thoughts to the public, it
concerns not me to enquire. His professed
design is not only good but important. There is no subject, less understood, or
less considered perhaps, by Men in general, in this Province, even of the
liberal Professions, than the Theory of Agriculture. And the
[illegible] Writer, who should direct with success the Attention
of [illegible] inquisitive Minds, to that Branch of Learning,
whether he intended [illegible] to befriend the public or to blow
it into flames, would certainly be the Occasion of much public Utility.
The particular subject which that Writer has chosen to recommend to the
Consideration of the Province, promises, more fairly than any other,
private Profit to the farmer as well as and the Merchant, public
Benefit to the Province, or perhaps Provinces in general, as well as to
Britain, the Mother
and the Protector of them all; whose society of Arts
and &c. have discovered their kind concern for us, among many
other as well as their wise Care for their native Country,
offering Praemiums and Encouragements, for the Raising of this Commodity
as well as many other Ways.
Hemp is a Plant of great Importance in the Arts and Manufactories, as it
furnishes a great Variety of Threads, Cloths, and Cordage. It bears the nearest
Resemblance and Analogy, to Flax, in its Nature, the Manner of its Cultivation,
and the Uses Purposes to which it serves. It must be
annually sown afresh. It arises, in a little space of Time, into a tall, slim,
shrub, [illegible] with an hollow stem. It bears a small round
seed, filled with a solid Pulp. Its Bark is a Tissue of Fibres, joined together
with a soft substance, which easily rots it. There There are two
Kinds of Hemp, Male and Female. The Male only bears the seed, and from that
seed arises both Male and Female.
[illegible] The seed should be sown in the Month of May, in a
warm, sandy, rich soil. They begin to gather it
[the first of August,]
the female being soonest Ripe.
The Proofs of its Ripeness, are the alteration of the Colour
of its leaves to Yellow, and its stalks to white. It
must be pulled up by the Roots, and then bound in Bundles. The Male should
stand 8 or 10 days in the Air, that the seed may ripen, which they afterwards
get out, by cutting off the Heads and threshing or beating them. It must then
be watered by laying it [illegible]
about a Week in a Pond, in
order not to rot the Bark. I say a Pond, tho
would be better if it did not give the Water an unwholesome Quality.
it is taken out and dryed the woody Part of
the stem must be broken from the Bark which covers it, by crushing it in an
Instrument called a Brake, beginning at the Roots.
When After it has been sufficiently broken, the small
shivers must be swingled out, as we swingle Flax. When this is done it must be
beat on a Block or in a Trough, with an Hammer
or with Beetles,
till it becomes soft and Pliable. When it has been well beaten, it must be
heckled, or passed thro
a toothed Instrument, like
Clothiers Comb, to seperate
the shorter Tow, from that which is fit to be
This is a very short Answer to Mr. Plough Joggers
Inquiries, but if he or any other Person has a Curiosity to see a more
particular Account of this Plant, (and give me leave to tell him and them there
is not an Herb from the Cedar in
Lebanon, to the Hyssop in the Wall, that can be studied to more
Advantage) let them consult the Compleat Body of Husbandry, Chambers's
Dictionary, and Nature del the Praeceptor and Nature delineated.
It is said that, "a Thousand Weight to an Acre is an ordinary Crop of Hemp."
And it has been said too, by good authority, that "an Acre of Land well tilled
will produce a Tun Weight" and that "a Tun of it, is worth sixty Pounds lawful
It is said also that "several hundred Thousand Pounds worth of
foreign Hemp, are yearly expended in
New England." And it is said too, that "Hemp may be raised on
dreigned Lands," and that "if we can raise more than to supply our own
Occasions we may send it Home."
It was not without good sense, then that Mr. Plough jogger
undertook to recommend this Plant to the Enquiries of the Curious, the
Tryal of Husbandmen, the Encouragement of Statesmen
and the Industry of the Laborious.
Give me Leave therefore to do myself the Honour, to
claim the Merit [illegible] with my Countrymen and their
Posterity, of seconding without the least sneer or Banter, Mr.
Ploughjogger, in his Attempt to introduce and recommend this most
important subject so important both to present and to future
Generations to the Consideration and Industry of my fellow Countrymen,
the [illegible] of AmericaInhabitants of
New England in General, and of this Province in
[No transcription available -- see page image]
common People. Human Nature is not so stupid or so abandoned, as
many worthy men imagine, and even the common People, if their peculiar Customs
and Modes of thinking are a little studied, [are not] so ungrateful, or
untractible, but that their Labours may be conducted,
by the Genius and Experience of a few, to very great and useful Purposes.
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This day learned that the Caucas Clubb meets at
certain Times in the Garret of Tom Daws,
the Adjutant of the Boston Regiment. He has a large House, and he has a
moveable Partition in his Garrett, which he takes down and the whole
Clubb meets in one Room. There they smoke tobacco till
you cannot see from one End of the Garrett to the other. There they drink Phlip
I suppose, and there they choose a Moderator, who puts Questions to the Vote
regularly, and select Men, Assessors, Collectors, Wardens, Fire Wards, and
Representatives are Regularly chosen before they are chosen in the Town.
Uncle Fairfield, Story,
Cooper, and a most rudis indigestaque Moles of
others are Members. They send Committees to wait on the Merchants
Clubb and to propose, and join, in the Choice of Men
and Measures. Captn. Cunningham says they have often solicited him
to go to these Caucas, they have assured him Benefit in his Business,
Propr. [Proprietor] of
Wrentham v. [Metcalf.]
2 Levinz. Scroaggs [Scroggs] C.J. It
ought not to be a general Rule, that Members of Corporations shall or shall not
be a Witness. But where the Int. [Interest] is inconsiderable
Thatcher. It is a Rule that the Heir apparent shall not
tho a Rem[ainde]r man shall be admitted because the
last has no present Interest. A Guardian shall not be a Witness in Cause for
his Ward because he is Party to the suit.
Auch. [Auchmuty] Proprs.
Worcester v. Gates, the Inhabitants of
Worcester were Admitted on Argument.
This Action of Trover is an Innovation, a new one of the new and
subtle Inventions [illegible] in Derogation of the Common Law,
that my Lord Coke has treated with so much righteous severity.
It is subsersive in its Effects and Consequences subversive of all
real Actions. It will destroy one of the strongest securities of our
landed Property, the Rule that all real Titles shall be
tryed in the County where the Land lies. That it may
be employed as an Instrument of endless Vexation to the poor People who live in
distant Counties, who has the Honor of being the first Inventor I know not, but
I hope your Honors will crush it as the illegitimate Production of a wanton
Hour. [The foregoing notes evidently relate to the case of Gardiner v.
Purrington, in the Suffolk Superior Court, Feb. term, 1763.]
It is true that, an incidental Question about a local Matter, may
[be] decided, in the Tryal of a
transitory Action-- [illegible] and it is equally true that,
an incidental [a] Question may be
tryed incidentally, by a Court that has no direct and
original jurisdiction of that Question. Multa conceduntur, per obliquum qux non
conceduntur de directo. But this is never suffered but in Cases of
Necessity--where justice cannot be done without it. And This Necessity seems to
have been the sole Foundation of my Ld. Holts Opinion in the
Case of Brown and Hedges. His Opinion was
that an Incidental Question about the Title of Land should not bar the
Plaintiff, because if it should, a Man might commit Wastes and Trespasses in
Ireland, then take his flight to
England and Escape justice, for no Proscess from any Court in
Ireland could run into
England: the action Remedy must be sought in England
or no where. But in these Cases there is no such Necessity. Actions may be
brought in the County where the Lands lie, with the same Ease, and with much
better Probability of fair and just Decision than out of them.
Dream of Mr. Pratt. He was seated on a Rock, in the Middle
of the Sea, and reflecting on his journey to
N. York, leaving his family &c., when the Clouds began to
rise from all Quarters of the Horison, and soon
thickened and blackened over his Head. The Thunders began to roar And the
Lightnings to flash. At last, the Clouds opened and a glorious Luminary, in the
shape of an Angel, made its Appearance and [illegible] addressed
Mr. Prat in these Lines
Why [illegible] mourns the Bard? Apollo bids thee rise,
renounce the Dust, and Claim [thy] native skies.
Minutes of Dr. Marshes Testimony.
I was sent for. Mr. Edwards knew me, asked after
his my Health, and called him me by
his my Name.
Afterward he gave me, by Word of Mouth the Minute of his Will. He
said he intended to give his Wife, the Improvement of his whole Estate during
Life. The Thought it seems came into his Mind of giving her the Improvement
during her Widowhood, or while she remained his Widow and bore his Name, but
that Thought he had Memory and judgment enough to disapprove, and ordered it be
given her for Life.
And after his Wifes Decease, he ordered his Estate to be divided equally
between his own and his Wifes nearest Relatives Relatives.
And when he was asked, who he intended to make his Executors, he replyed you
two, looking to his Brother Edwards and his Wifes Brother
Smith who were then present.
The Degrees of Insanity, are infinite from the wildest symptoms of fury,
when nothing but Chains can withold the Patient from doing Violence to himself
or others, down to some fits of Passion, or some irrational Pangs of Affection.
There is perhaps, in every human Mind, in some appearance or another, some
Spice or Degree of Madness. The Hero that murders millions to sate his Revenge
or Ambition, may surely [illegible] by the soundest Understanding
be denominated a Madman. Yet Alexander, or
Sweeden had no doubt, a sufficient soundness of Mind to dispose
of an Estate by Will. Nor can a perfect Memory be demanded. A perfect Memory
cannot be believed to exist. Even Xerxes and
Csar, who remembered every face and Name in their
Armies, had not perfect Memories.
Swift v. Vose.
Hobarts Reports, 134.. Weaver* and
Ward. Skirmishing. No Justification only Excuse, unless
Utterly without fault or Negligence.
1. Strange, 596. Underwood v. Hewson.
Defendant was uncocking a Gun, and the Plaintiff was standing to see it, it
went off and wounded him, and at the Tryal it was held
might maintain Trespass.
* Lords of Council's order to skirmish.
Tilt Turnament. Masters of Defence &c.
Mem. Case of Ideot, Lunatick &c. answerable in
Trespass tho not criminal.
Affectation runs thro the whole Man. His Air, his
Gate, his Tone, his Gestures, his Pronunciation. There is no Steadiness of Eye
Fitch's Countenance is not Steady. He has a look of
jealousy, and of Diffidence. He has a look of Conceit, affectation, Suspicion,
and Diffidence. His swell. His Puff. Gridley has a stedy and
fixed face. His face is expressive. When he smiles, his whole face is lighted
up. His Lips do not shew a smile when his Brows are
frounding, and his Eye complaining. The Brow, the Eye, the Lips and the Voice
all alike affected together.
Trowbridge. Oh says Mr. G. They object and
say a . The officer he informs-- why In that Case-redendo singula singulis. --
[Fragmentary draft of an essay
intended for publication; no printing has been found.]
To all young gent.gentlemen between [20 and 30
[illegible] Many of the great sages, Phylosophers and
statesmen, ancient and modern, have thought that the most effectual Exertion of
their Talent [illegible] Indulgence of the Benevolence for
Mankind was by [illegible] contriving and recommending to youth,
Plans of Study Education and study, to train them early to right
Habits of Thinking and of Acting, both for their own private Happiness as well
as for the Happiness of the Public Tranquility, Wealth, Grandeur and
Glory of their Country. I who have as much Benevolence, as any Sage, whatever,
and Talents enough to advize my own young Countrymen, beg leave to
advize them, that (lest any one should suffer for want of such
Advice tho I must own it is generally well understood
that they by all Means, avoid [illegible] every Appearance of
Regard to any of those Properties, formerly respected under the Name of Wit,
Humour, sense, Learning, Temperance, Justice,
The Cyropedia of Xenophon, and the Treatises of
Milton and Lock upon Education,
tho they might, (Longitude and Latitude considered)
be well enough, are yet manifestly useless, at this Time and in this Place.
There is it must be confessed, a natural faculty in the human mind (whether it
sprang from the Protoplast or any other source I leave to Metaphysitians), that
distinguishes between true and false, fair and foul, Virtue and Vice &c. --
Now the great Aim of the abovementioned Writers on Education was to cultivate
this faculty into the most delicate and exquisite Discernment: But believe me,
Time and Place This faculty is become in the Revolution of human
Things not only useless, but destructive: believe me, the young man who is
silly and obstinate enough to see and to say he sees, one spark of Parts or
Virtues in Bluster and his followers e.g. shall with all the Benefactors to a
man, be pronounced both a fool and a Knave: shall be opposed and abused on all
occasions: e. contra if he sees, and says he sees, one fault, folly,
Rashness, Indiscretion, Vice &c. in the same Persons or their
Conduct, they and theirs will pronounce the same heavy sentence upon him. It is
exactly so with the other side--if you have not a thourough Contempt for the
Head and Detestation of the Heart of Bluster and all his followers, you are at
once a seditious fellow, have no sense or Probity at all.
So that the ist Principle in Prov [Provincial] Education
is to extinguish, stiffle, this most useless, troublesome,
pernicious faculty, called the moral sense, [and] cultivate
[illegible] a total and absolute Indifference to Virtue and to
Vice: [illegible] In spight of natural
Aversions press to your Bosom, with unbounded Confidence and Affection, the man
who is of your side, after you have chosen any side, tho he may be prostitute and abandoned, destitute of every
natural or moral Excellence.
Godolphins orphans Legacy. Part i. C.
8. Page 23.
2. Such as are Mad Persons can make no Testament during the time of their
Insanity of Mind, no not so much as ad Pios Usus. Nay the Testament made at
such a Time shall not be good, tho afterward the
Party recover his former Understanding; howbeit, if such Lunatick Persons have
any Lucida Intervalla, or Intermissions then during the Time of such Freedom
from the Lunacy they may make their Testaments betwixt the fitts. And here
note, that every Person is presumed to be of perfect Mind and Memory,
untill the Contrary be proved. So that he that
objecteth Insanity of Mind, must prove the same, for which [quotation
breaks off thus in MS]
Same Page 65. But regularly by the Laws and Customs of
England, two Witnesses, without Exception, are requisite for the
due Proof of a Testament and two are sufficient.
Swinbourne 77th. Page 78. Unless the Testator were besides
himself but for a short Time and in some Peculiar Actions and not continually
for a long space as for a Month or More, &c.
78. It is a hard and difficult Point to prove a Man not to have the Use or
Understanding of Reason. And therefore, it is not sufficient for the Witnesses
to depose that the Testator was mad or besides his Wits: unless they render a
sufficient Reason to prove this their Deposition as that they did see him do
such Things or heard him speak such Words as a Man having Reason would not have
done or spoken.
78. lower down. If some Witnesses do depose that the Testator was of perfect
Mind and Memory and others depose the Contrary, their Testimony is to be
preferred which depose that he was of sound Memory, as well for that their
Testimony tendeth to the favour And Validity of the
Testament, as for that the same is more agreable
to the Disposition of Nature, for every man is a Creature reasonable.
79. But if in the Testament there be Mixture of Wisdom and Folly it is to be
presumed that the same was made during the Testators Frensy, insomuch that if
there be but one Word sounding to Folly, it is presumed that the Testator was
not of sound Mind.
Godolphin. Page 24. For it is a very tender and difficult
Point to prove a Man not to have the Use of his Reason and Understanding;
therefore it is not sufficient for the Witnesses to depose that the Person was
mad, unless they render upon Knowledge a sufficient Reason therefor. Neither is
one Witness sufficient to prove a Man mad, nor two in Case the one depose of
the Testators Madness at one Time and the other of his Madness at another.
But in Contrary Depositions, those Witnesses are to be preferred, which
depose that the Testator was of sound Memory: And if he Used to have Intervals
of Reason and it be not certainly known, whether the Testament were made in or
out of his fits of Lunacy; if no Argument of frenzy or folly can be collected
by the Testament, it shall be presumed to be made during the Intermissions of
the Lunacy, and so adjudged to be good.
One foolish Word may frustrate the Validity of the whole.
But if a Man who is of good and perfect Memory maketh his Will, and
afterwards by the Visitation of God, he becomes of Unsound
Memory (as every Man is for the most Part, before his death) this Act of God
shall not be a Revocation.
Dr. Groenvelt v. Dr. Burrell &c.
Ld. Ray. [Raymond ] 252.
The judge will not permit him to have a Copy of the Record if there was
probable Cause of the Indictment.
There must be Evidence of express Rancour and
Malice, for Innocence is not sufficient where it contains scandal or the Party
has been imprisoned.
To be of sound and perfect Memory, is to have a reasonable Memory and
Understanding to dispose of his Estate with Reason. 25.
The Testators mind is the Testaments chief Essential.
Regularly, the Law will presume every man to be of sound Mind and Memory,
and will cast the Onus Probandi on him who asserts the Contrary; which is but
consonant to the Presumption of Nature itself.
Inside Back Cover
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