Boston April 11th. 1766 Sir,

Mr. Gilbert Deblois having put his affairs into my hands during his absence, inform'd me of an action he had commenc'd in our Court against Mr. Robert Caldwell of Taunton, and that Caldwell had also Sued him to Taunton Court, and in order to defend this action he had furnished you with the necessary Papers; but as I understand the Ballance of their accounts according to Mr. Deblois's own state of them is in favour of Caldwells about thirty or forty shillings which tho' small yet will throw the Charges on Mr. Deblois. I therefore think it would be best for this matter to be left to reference & desire you would use your endeavours it may be Setled in this way. I am content that Mr. Baylis should be chose on the part of Mr. Caldwell, and I have made choice of Capt. Ebenr. Stetson in behalf of Mr. Deblois (both of whom I find were sometime ago chosen by the Parties for this purpose). All that will be necessary, is for you to state the Facts to those Gentn. as you have had them related by Mr.366Deblois & deliver them such papers as you think will be proper for them in this case, if any other papers are necessary besides than you have got upon my knowing what they are if they are to be obtain'd I will immediately forward them to you. If the Disputes relative to this account cannot be Setled by Messrs. Baylis & Stetson, they may chuse a third person and decide the affair. If the Gentn. abovementioned shod. not incline to undertake this affair or you have any objections to them, and will choose any other persons in their stead it will be agreeable to me and the action here shall be drop'd. Yr. hum. Servt.

EDWARD PAYNE

RC ; addressed: "To Robert Treat Paine Esq. In Taunton"; endorsed.

Scituate Ap: 29. 1766 Sir,

According to your Advice I1 h& ave have Stated the facts in my Case which I have Sent you which I Desire you would Study well, & make yourself master off the subjects, so that you may be able to argue it Effectualy and I will Reward you well for your pains. I have sent Mr. Otis a State of the Case also for my Dependance is on you Both. You know that I have a Subtill and Powerfull Enemy2 to deall with all, therefore I must take Care to make the Best defence & Get the Best help I Can and I doubt not but that you will do your Uttmost for me. I am your Very Good freind

THOS. CLAPP

RC ; addressed: "For Robert Treat Pain Esqr. In Taunton"; endorsed.

1.

Thomas Clapp (1705–1774) was indicted at Plymouth in 1766 for forgery, and the jury found that he did "with force and Arms, advisedly fraudulently and Corruptly, for his own Gain and Lucre" alter a bill of costs to a personal profit of £2.9.6. The case was later appealed and dropped, and Clapp remained on the bench until the following year when an attack of palsy incapacitated him (Sibley's Harvard Graduates, 7:494–498).

2.

Elijah Cushing, Clapp's associate on the Plymouth bench, whom Clapp tried to have removed from his case for publicly treating him "in a Very Abusive Manner" and calling him "a Cheat Before the Town" (ibid., 7:498).