1Editorial Note (Adams Papers)
The two documents which follow are virtually all that have survived pertinent to Adams’ early law studies, except for accounts in his diary. Document I, a fragment entitled “Ld Cokes Sayings,” cannot be dated with certainty, but the content suggests that it is some kind of epitome made by Adams during his early reading of Coke on Littleton. Document II is Adams’ Commonplace Book, a compendium...
2Adams’ Student Notes: Ca. 1758 (Adams Papers)
Nunquam prospere succedunt Res humanae, ubi negliguntur divinae. Sex horas somno, totidem des Legibus aequis; Quatuor orabis, des Epulisque duas. Quod superest ultro sacris largire Camenis. Co. Lit. sec. 85. The student must know how to work into, with Delight these rough Mines of hidden Treasure. En la Ley. There be diverse Laws within the Realm of England. 1. Lex Coronae. 2. Lex et...
3Adams’ Commonplace Book: Ca. 1759 (Adams Papers)
Assumpsit. Sometimes signifies not only a Promise but an Actual Undertaking of the Business, an Actual Entry, upon the Execution of the Promise. Ass umpsit Ind ebitatus will lie against A.B. upon such a Promise as this viz. “my Brother will give you an handsome gratuity, for the Trouble you shall be at in that affair which I promise you shall not be less than £300.” Assumpsit. In Assumpsit we...
4Editorial Note (Adams Papers)
In common with most lawyers John Adams maintained a collection of pleading forms to help in future drafting. A number of such forms exist in the Adams Papers as loose sheets among the case notes and other legal materials, but the majority of those which have survived were entered by Adams or one of his clerks in an untitled small quarto volume bound in law calf, which is referred to in the...
5The Pleadings Book: 1771–1773 (Adams Papers)
Case on a Bill of Lading vs. Master for not delivering the Plaintiff’s Goods freighted on Board the Defendant’s Vessell. For that the said Charles on &c.—received on board his said Ship called the X X and whereof the said Charles was Master (H ogshea ds, Casks &c.) containing the Goods in the schedule annexed—And on the &c.—at —— signed a certain Note in Writing called a Bill of Lading and...
6Editorial Note (Adams Papers)
This complex litigation, a landmark in the history of Martha’s Vineyard, arose out of an unhappy family situation. The genealogical as well as the legal involutions of these cases being what they were, a sketch of the members of the great Mayhew clan of Martha’s Vineyard mainly concerned, and of their relationships, is almost essential to an understanding of the legal issues. The chief figure...
Hovey . Justifies by Warrant. Generality. Turning Point, legality of Warrant. Void in itself. Broke open in the dead of Night. Damages. Thrown down on the Hearth. Stripd of her Cloathing. Not yet got rid of her Wounds as she saith. Fright. Weakness consequent. Bethiah and Wadsworth—Weakly. She never had got over it she says. Wadsworth. Hovey . Abel Chase of Nantucket married Mercy Mayhew,...
1762. 1762. June 1. C. Basset complains of Jerus ha Beth i a h junr. Lucinda Mahew and Mercy Chase and a Warrant issues without Seal and directed to Coroner and General who on said day serves it on all three and lets them go . Oct. 9. Coroner Allen serves it again on Jerusha and takes her before M. Mahew who binds her to Court and makes a Mittimus directed only to the Goaler. Oct. 25. Coroner
9Editorial Note (Adams Papers)
This case, an early instance of patriotic violence which disturbed Adams deeply, arose on the night of 19 March 1766 at Scarborough in the District of Maine, when a mob broke into the home and store of Richard King. The rioters terrorized King’s pregnant wife and five children (including the future Federalist politician Rufus King), destroyed his windows and furniture, and burned a deskful of...
10King’s Petition to the General Court: 4 January 1768 (Adams Papers)
Province of the Massachusetts Bay To His Excellency the Governor The Hon orab le His Majestys Council and the Honle. House of Reprisentitives in General Court Assembled Humbly Shews Richard King of Scarborough in the County of Cumberland in Said Province Gentleman That in the Night of the 19th of March AD 1766. a Number of Persons in Disguise with axes Clubbs &c. Broak the windows of the...
To The Honle. His Majesty’s Justices of the Supr. Court of Judicature Court of Assize &c. Now Holden in the Countys of Cumberland and for the County of Cumberland and Lincolen Richard King of Scarborough in the County of Cumberland Humbly remonstrates that by a riot in the night of the 19 of March AD 1766 His Dwilling House and waireHouse were broken up and a great number of his Notes and...
12Writ of Review—Stewart et al. v. King: Cumberland Superior Court, Falmouth, June 1774 (Adams Papers)
To the Sheriff of our county of Cumberland his under-Sheriff or Deputy, Greeting. We command You that You summon Richard King of Scarborough in our County of Cumberland Esqr. (if he may be found in your precinct) to appear before our Justices of our Superior Court of Judicature Court of Assize and general Goal delivery to be holden at Falmouth within said county of Cumberland and for the...
Richard King v. Jno. Stewart & al This was an action of trespass—and on motion of Mr. Bradbury attorney to plaintiff after issue joined—plaintiff was allowed by the Court to strike out the names of several of the Defendants in order that they might be witnesses for plaintiff—on payment of costs—1 Wils. 89, Trials per pais 386, Str. 420, were cited. On the trial of the issue the plaintiff...
14King to Silas Burbank, 31 May 1773 (Adams Papers)
I receved Yours of the 17th. Current, and a Second that appears to have ben wrote Since. In your first You point out the Horrows of a Goal, and Compair Your present state of Confinement, To that which Succeeds a wicked life in this world unregreted, and unrepented of, with a verry Just Exception. If taken in a spiritul Sense that You are a Prisoner of Hope, Your Pathatic Complaint of being...
15Burbank’s Release: 28 June 1773 (Adams Papers)
Whereas Richard King Esq. hath released me from Gaol where I have been sometime confined by having my body attached by a writ of Trespass in which the said Richard is Plaintiff, and John Stewart myself and others defendants at my request in consideration there of and of five shillings paid me by said Richard I do hereby release unto the said Richard all cause of action whatsoever I have or...
16Deposition of Silas Burbank: 28 June 1773 (Adams Papers)
I Silas Burbanks of lawful age testify and say, that in the spring of the Year 1766, a few days before the riot at Mr. Richard Kings dwelling house, I was at the house of Mr. John Stewart, and he was talking to me about said King; he asked me if he was not a bad man, and had not done as much hurt to the people here, as Bute had done to the people at home; and afterwards, the day before the...
17Deposition of John Newbegin: 19 January 1773 (Adams Papers)
I John Newbegin of Lawful Age testify and say that the Evening of the 18th Day of March 1766 Silas Burbanks spake to me and told me a number of People were to meet at his House next Evening and were going to take a walk, that he had wanted to see me a good while and ask’d me if I would come. I promised I would and accordingly I did; Timothy Stuart, Samuel Stuart, Jonathan Andrews Jnr . with...
18Deposition of Jonathan Wingate: 16 June 1773 (Adams Papers)
I Jonathan Wingate of lawful age testify and say that about eight or ten days before Mr. Richard Kings house and shop were broken open in March 1766 I was in a Shoemaker’s shop belonging to one Hodgdon not thirty rods from my own house when Amos Andrews came into said shop and soon of his own motion began to discourse about the mobbing and riots that had lately happened in several parts of the...
19Threatening Letter Sent to King: ca. April 1766 (Adams Papers)
In Considiration whar of a number of the Suns of liburty have Shun a mordrit resment i.e. resentment for the repeted abus which they have reseved for many yers past Do herby hartily Signyfy to the Said Riched. King that in Cas the Said riched or any Other parson Within the Couty should us greet or menthen or be insterimental of any Warants or Summen’s to be Sarvd on any Pasen or Pasens he ma...
20King’s Offer of Settlement: 27 May 1774 (Adams Papers)
Richard King To those Imediately Consirned in his action of review against them Depending &c. and any others that the matter of that action may Consern I am Sensable that when a man has Entered the field in order to do him Selfe Justice against those from whom he has receved an Injury then To offer Terms to his adversary is often Constered a weakness of mind, or want of abillity, notwithstand...
21Deposition of Jonathan Sayward: 29 June 1774 (Adams Papers)
Jonathan Sayward of York in Said County of York, Esqr. Testifys and Says that He very well knew Josiah Beal who lately some years Since was an Inhabitant of the Town of York, but now if liveing re sides in some part of Novaskhotia Government as the Deponent Supposes That he was in poor circumstances with respect to Substance when he left York, which is 8 or 10 year ago, and He has never heard...
Scurlogging. 3 Stewarts defaulted. 3 Andrews appear. By the Sullivans. Bradbury . Silas Burbank . About 10 days before the Affair, I was informed that a Number of Persons from 2 Roads, were about making an Onset on Mr. Kings House. Stewarts and Andrews’s were joined in it. I was coming down by Amos Andross’s House. He asked me if there were not a Number about making Sir Richard a Visit. He...
23John Adams to Abigail Adams: Falmouth, 7 July 1774 (Adams Papers)
I am engaged in a famous Cause: The Cause of King, of Scarborough vs. a Mob, that broke into his House, and rifled his Papers, and terrifyed him, his Wife, Children and Servants in the Night. The Terror, and Distress, the Distraction and Horror of this Family cannot be described by Words or painted upon Canvass. It is enough to move a Statue, to melt an Heart of Stone, to read the Story. A...
24Editorial Note (Adams Papers)
This suit, as Adams noted in his diary, “arose from Ambition” and (apparently) from competition for the favors of the voters of Sandwich. Rowland Cotton, the town’s representative in the General Court since 1758, had lost his seat to Stephen Nye in 1761, but had then obtained the sinecure of Clerk of the House of Representatives. In February 1763, Nye presented a petition to the General Court...
25Adams’ Diary: 4 April 1767 (Adams Papers)
Poor Nye of Sandwich, seems dejected. I should suspect by his Concern that Cotton gained Ground vs. him. He seems to be hipp’d. It fretts and worries and mortifies him. He cant sleep a Nights. His Health is infirm. Cotton is insane, wild. His Proposal of giving his House and Farm at Sandwich to the Province is a Proof of Insanity.... His sitting down at the Council Table with his Hat on and...
26Adams’ Minutes of the Trial: Barnstable Inferior Court, April 1767 (Adams Papers)
Hovey . Certificate. Benja. Fessenden . Bassetts Shop. Lying Papers. Set their Names to it. D eaco n. Forster . Signd the Certificate, &c. Dr. Smith . Cotton said in Barbers Shop that he had a Certificate from Com mittee to prove Nye a Lyar. Understood that it was agreed and to be destroyd. John Jennings . False lying Paper, which you made yourself, and forgd their Names to it. Prince Tupper
Defendant It may be part of a great plan to get Representat ion over that Paper. It is true he made the Story for he drew it up. Plaintiff put in memorial to cross Col. Cotton. The Committee had no business to sign said Certificate. The design of the Paper was to fix a Lye upon Nye and was a parlimentary paper. “A lying Paper,” no Slander. This was not Forgery. 485 Bac. 4. HPC 185 The House of...
28Adams’ Notes of Authorities: Barnstable Superior Court, May 1767 (Adams Papers)
4. Bac. 485. “All Words are actionable which import the Charge of such a Forgery, as is within any of the statutes against this offence.” “An action also lies for charging a Man with Forgery, although it is not said to be of such a Record, Deed, Writing, or Instrument as is within any of the statutes; for Forgery is an offence indictable and punishable at common Law.” “But no Action lies for...
29Adams’ Minutes of the Argument: Barnstable Superior Court, May 1767 (Adams Papers)
Otis . Certificate of General Assembly. Law very much altered of late Times. To prevent Gothic Contentions and single Combats. High Proceedings. Strange 747. Order for Allom. Forgery at common Law. Protection from a Member. Possibility of Damage. Reason of the Thing. Injury. Paper indictable. Public Record. Q. If Cotton had forgd this Paper, whether he would have been liable to an Indictment...
30Adams’ Minutes of the Evidence: Barnstable Superior Court, May 1767 (Adams Papers)
Certificate Mr. Fessenden. A Lye of his own making, and he had set their Names to it. Jennings. Memento. } Deps. Bassett. Ellis. In JA ’s hand. Adams Papers, Microfilms , Reel No. 185. See text at note 5 above. See note above. See text at