At Colledge. A Clowdy, Dull morning, and so continued till about 5 a Clock, when it began to rain moderately But continued not long, But remained Clowdy all night in which night I watched with Powers .

At Colledge, the weather still remaining Clowdy all Day, till 6 o'Clock, when the Clowds were Dissipated, and the sun brake forth in all his glory.

At Colledge a clear morning. Heard Mr. Appleton expound those words in I.Cor.12 Chapt. 7 first verses, and in the afternoon heard him preach from those words in 26 of Mathew 41 verse, watch and pray that ye enter not into temptation.

At Colledge, a fair morning, and pretty warm. About 2 o'Clock there appeared some symptoms of an approaching shower, attended with some thunder, and lightning.

At Colledge, a Clowdy morning, heard Dr. Wigglesworth Preach from the 20 Chapter of exodus 8, 9 and 10th. Verses.

At Colledge, a Cloudy morning, about 10 o'Clock the Sun shone out very warm, but about 12 the heat was, in part, allayed By the rising of the wind.

At Colledge, a Clear, warm, morning But about 2 o'Clock came up a very hard shower, acompanied with some thunder and lightning.

At Colledge, a Clear, warm morning, and so Continued.

At Colledge, a fair morning, but, not very warm.

At Colledge, sunshiny -- morning, heard Mr. Appleton expound those words in I. Cor. 12 Chap. from 7, to the end of 11 verse, in the afternoon heard him preach from the first Psalm, and first verse.

At Colledge, a warm morning, at 11 'Clock read Theses on this question, (viz) antliarum et siphonum phaenomina solvuntur ex gravitate aeris.

At Colledge, a very warm morning, at 11 Disputed on this question (viz) systema Copernicanum est verum mundi systema.

At Colledge, a most Charming and Beautifull Scene is this morning displayed. All nature wears a Chearfull garb, after so plentifull a Shower as we were favoured with the Last night, receving an additionall lustre from the sweet influences of the Sun. -- This Day, I (in the religious Phylosopher) read the following experiment, (viz) that the filings of iron, mix'd with sulphur and kneaded to a Dough By the addittion of Cold water will in a few hours Become warm, and at last Be set on fire. Which is undoubtedly true, and if so I think that it affords a very probable method of solving the ph nomina of subterraneous fires. For it is highly probable that there are abundance of the particles of iron, Sulphur, and water which, (By the flux of water perhaps in the subterraneous Caverns,) may Be Brought together, and then it appears By the precedent experiment, that this effect (viz a fire) will Be produced. At 2 o'Clock heard Mr. Winthrop's lecture in the Hall, in which he was employed in evincing the sph roidall form of the earth, which he Did, from the vibrations of pendula, the precession of the a equinox, and from actual mensuration of Degrees at the quinox and the poles. -- After which I extracted the following Hydrostatical Laws from the religious Phylosopher (viz) 1st: if a Body is to be Carried upwards in any liquor, an equall Bulk of said liquor must gravitate or weigh more than such a Body.

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2ndly. that in order to Cause a Body to sink in a liquor, an equal Bulk of said liquor must weigh less than the Body. 3rdly. if you would have the Body, neither to rise or fall But preserve it's place in any part of the liquor, an equal quantity of the said liquor must weigh equally with the Body.

At Colledge, a warm morning, and Something windy, about Sunset Came up a very hard shower attended with some Thunder, and very Sharp lightning.

At Colledge, a Charming, pleasant morning, read Dr. Niewentyts Demonstration Concerning the rays of light emitted from a Burning Candle in a second of time, which he Computes to Be 418660 39 Particles.

At Colledge, a Clowdy morning, and in the afternoon, Came up a Clowd of thunder and lightning. Towards night fell a very hard shower.

At Colledge, a Cloudy morning, heard Mr. Cotton of New-town vociferate from the 19. of Proverbs 2nd verse. In the afternoon, from those words in the 37th. Psalm and 4th. verse, Delight thyself in the Lord and he shall give thee thyDesires.

At Colledge, a very rainy, morning, at 11 o'Clock Disputed from the question assigned us last tuesday But on which we Did not then Dispute By reason of Mr. Mayhews Being employed in taking an account of the Books and other things, Contained in the Library in order to the Printing a new Catalogue thereof.

At Colledge, a very rainy Day, as it has remained since yesterday -- morning. By reason of my illness omitted Disputing from this question, generalia stuum phaenomina solvuntur ab atractione solis et lun.

At Colledge. A Clowdy morning. Afternoon, together with Lock, took a ride to Watertown -- Bridge and from thence round through Brookline Back to Colledge again.

At Colledge, a Clowdy-- Day.

At Colledge, a Clear morning. Heard the valedictory oration, pronounced, By Oliver. 2 o Clock set out for Boston, Designing to go from thence home.

Sat out from Boston, home where having tarried 7, or 8 Days I set out on a journey together with Mr. Adams to Piscataqua, to which I went By way of Litchfeild, going firstly from Boston over Charlstonferry through Charlestown, Mistick, Menotomy, Lexington, Bedford, Bilerica, Chensford, Dracut to which I passed from Chensford over the river. From Dracut I proceeded to Nottingham, Londonderry, Hamstead, Kingston, Kensington, Hampton, Greenland, Newington where having tarried about a fortnight and vizitted Portsmouth, I returned home and at the appointed time return'd to Colledge where I have been ever since, save that I went home once for a fortnight.

This winter, we had a vacation.

In the winter of 1754 we had no snow at all save a smattering or two, But perpetuall rains and warm weather thro'ought the whole.

Beg. [Beginning of March] Had a small flurry of snow.

A Clowdy morning. I am now reading my lord Orrerys letters to his son Concerning Dr. Swift and his writings, which for softness and delicacy of style, accuracy and serenity of sentiment, are absolutely inimitable. Reading also the last volume of Monsieur Rollin's Belles Lettres which are worth their weight in gold. -- for his excellent reflections on every remarkable event that occurs in history he informs his readers of the true source

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of every action and instructs them in the method of forming themselves upon the models of virtue to be met with in History.

Kept sabath at Cambridge. March about the middle.

In the Evening we had several very sharp flashes of lightning, attended with a Distant grumbling of thunder.

This morning is beyond description, Beautyfull, the Skie bespangled with Clouds which shed a lustre on us by the refraction of the rays of light, together with the healthy and enlivening air, which was purifyed By the thunder, afford most spirited materials for Contemplation. The gaiety of the weather is equally delightfull to the phylosopher, Poet and the man of Pleasure. The Phylosopher finds his passions all Calm,and serene, and Pliable so that he finds no Difficulty in subjecting them to the subserviency of his reason, he can now contemplate all the gaudy appearances of nature and like Pythagoras bring Phylosophy down from heaven and make her conversible to men. The Poet thinks this the Best time to Converse with his muse and Consequently gives himself up wholly to her directions. His whole soul is at her disposall and he no more retains the government of himself. While the man of pleasure find such delicacys arising from the objects of sence as are adapted to produce the highest sensations of delight in him.

Q. [Query] Has any Species of Animals, besides Mankind, ever given Proofs that they have any idea of Justice, of Rt or Wrong. That they have any Discernment of the Difference between Actions and Characters? Have they any moral Sense?

Q. Have they any sense of the Advantages of Temperance and of the Disadvantages of the Contrary. Will not horses, when they are hot, drink large Quantities of Water without Regret and frequently Chestfounder themselves so? They seem to have very little Concern or Apprehension about the Consequences of Violent Exercise and plentiful Eating and drinking.

Q. Did the Jewish Law that oxen, and Horses, that pushed or kicked a Man to death, or that copulated with any man or woman, should be slain, stand on this Principle, that the Brutes knew the Prohibitions they were under and were accountable, for the Breach of them?

Q. Let me examine, when, and how this Notion of a Law common to Beasts and men, arose in the World, and in what sense it was understood.

Q. If there are Rules of Justice, of Morality, that extend to all Animals, what do those Men deserve, who have believed this and yet plundered, preyed upon, Murdered Fowl, Beasts and fishes in all Ages. -- How can we answer for robbing the Birds Nests of their Eggs and Young, for butchering, fleecing, Sheep, Lamb's, Calves, Oxen &c., or will the Assistance we give them, in providing Food and shelter for them in Winter, and Pasturage in Winter [ i.e. summer?], justify our Cruel Depredations upon them? -- But we never feed or Clothe Robbins, (wild Geese) wild fowl &c. What justice then, in killing them? Is it not Murder?

Q. Self Love and Self Preservation, and the Desire of Propagation, are common to all Animals. But the Law of Nature, which teaches other Species to nurse their Young, teaches man to imbue the tender Minds of Children, with Knowledge and Virtue.

Q. The Law of Nature, as an Instinct is perhaps common, but the Institutions which Reason adds to Instinct, are peculiar to man. Now Justice, Temperance, Gratitude, Benevolence, &c. are Institutions of Reason, are found and proved to be human Duties, and beneficial to society, by Reason and Experience.

Jus naturale est quod Natura omnia Animalia docuit, Jus enim istud non est humani Generis proprium, sed omnium Animalium, quae, aut in terra, aut in mari aut in Ccelo nascuntur.

Temperance, Prudence, Justice, and Fortitude.

Jus naturale, is omnium Animalium.

Is the Law of Nature, common to all Animals, from Man the Lord of all, down to the smallest Animalcules, discernible by Glasses?

Are all the Rules of natural Law, which men are obliged to observe, incumbent upon all Birds, Beasts, fishes.

Temperance, Prudence, Justice, and Fortitude, are Duties of the Law of human Nature. But have the Beasts and Birds and Fishes, given any Proofs that they have any Idea of these Virtues? any sense of their obligation to Practise them? Do they not gormandize, do they not what Prudence, do they not rob, each other. Are not many of them timorous, afraid of Trifles and shadows? But their Vices are no Proof that they are not under these Laws, more than human Vices will prove that Men are not. -- We do not understand their Language, their signs, nor their sounds enough to know, what Knowledge they have of their own Constitutions, and Connections. But is this Question worth a [illegible] Discussion? -- I have no concern with a society of Birds or Beasts or fishes, or Insects. I shall neither be [concerned?] for nor against the Cattle. The Law of Nature includes the Laws of Reason as much as Self Love and Desire of Propagation and education, includes those Rules of Temperance, Prudence, Justice, and Fortitude which Reason, by the help of Experience, discovers to be productive of the good Happiness and Perfection of human [Nature?].

Sequestration is when two, or more, deposit a controverted Thing, with a 3d Person, on that Condition, that he, at the Conclusion of the suit, Dispute, will restore the Thing to the Conqueror. This is either voluntary, which ismade done by the Agreement of Parties, or necessary, which is done by the Authority of a Judge. This, regularly, is prohibited. From a Deposit, arises a twofold Action, direct and contrary. A direct Action of detinue, is a personal Action of good Faith, famous, public, which is given [illegible] to the Deponent against the Depositary, tof or this, viz. that he may restore the thing deposited, sarcio, to repair, mend, and repair the Damage given by fraud and faults committed. Lata Culpa, by a gross fault. A contrary Action is given to the Depositary against the Deponent, to be saved harmless.

A Pawn or Pledge is a Contract of the Law of Nations, of good faith, reconstans, consisting in a thing, fact, by what means, in what Ways, an Obligation to Contract, in fact by a fact, an Action or Deed, consisting in fact, in a Thing, by which any Thing is given to a Creditor by a Debtor or [any other?] for a as a Security of his Debt, on that Condition that the same Thing be restored, in Specie, on the Payment of the Debt. Soluto Debito, the Debt being paid, eadem res in Specie. From this Contract, arises an Action, direct and contrary. The direct Action of a Pl for a Pawn is given to the Debtor, on Payment of the Debt, against the Creditor, for this, that he restore the Pawn with all Cause, and repair the Damage, given by fraud, or by any gross or even by a light fault. Levis culpa, a light fault. A Contrary Action is given to the Creditor, against a Debtor, to be saved harmless. Of the Performance of fraud, of fault, and Accident. Praestare. To answer for a fraud or fault is to repair the Damage, given by Deceit, by Accident or by fault. Deceit is all subtilty, Deceit, or Contrivance, employed to circumvent, deceive, or delude another. A fraud is all subtilty, Deceitfulness, or Contrivance, employed to circumvent, deceive, delude another. A fault is nothing less than Negligence [illegible] , whether of omission or Commission, in the Affairs of another, and is Tfold [Threefold] gross, light and lightest. A gross fault is not to use that dilligence which even a negligent father of a family uses, or to be ignorant of what all understand. This in Contracts is compared to Deceit, fraud, excepting the Case of a Capital Crime. A light fault is not to use that diligence which a thrifty and diligent father of a family, uses in his own Things. This fault is regularly meant, denoted when the Word faults is put simply in the Laws. The lightest fault is not to adhibit, use, employ, exert that diligence, which a most diligent father of a family exerts. An accidental Misfortune is a greater Strength, to which human Weakness is not able to resist. Humana, Casus fortuitus, a casual Mishap. A Chance medly. [illegible] Dolum. To answer for a fraud. Fraud is answered for, paid for, repaid in all Contracts. Accidents, misfortune in none, except in Lending, Loan. Loan. Payment of what is not due, is in some respects like a Loan, which nevertheless is not a true Contract but a sort of Contract, by which he who received what was [undue ?]is obliged to him, who by Error and Ignorance paid what was [illegible] that it be [illegible] . A fault, regularly, is made good, repaid, according to these 3 Rules. . As often as aContract Bargain is driven, a Contract is taken, entered into, for the Sake of the giver alone, so often Deceit only and a gross fault is answered for, as in a Deposit. 2. As often as a Contract is celebrated, for the sake of the receiver alone, so often fraud, deceit, fault, even the lightest is answered for as in [commodatum]. A direct Action of [illegible] is a personal civil Action, demanding a Thing, which is given to a Lender against the Borrower to restore the Thing lent in Specie, and answer for fraud and [illegible] the light fault. 3. As often as the Utility, Advantage, Benefit of both, takes place in a Contract, so often fraud, a gross and a light fault, is answered for, as in a Pawn, Buying and selling. The aforesaid Rules concerning fraud, Negligence and Misfortune, then cease, if the contractors otherwise agree; except if it is agreed that fraud shall not be answered, even when any special Reason shall except this or that Contract from the common Rules.

Of the Obligations of Words. An Obligation of Words, or any Stipulation, is a Contract of the civil Law, of strict law, consisting in Words, by which he, who is asked, whether he is about to give [or to do?] what he is interrogated, answers. Emancipation is an Act by which Children are dismissed from the father's Power. Act. From a Stipulation arises a two fold Action, a personal Action of a certain Thing; if a certain Thing is drawn into a Stipulation and of an uncertain Thing, or an Action, from a Bargain, if an uncertain Thing is drawn into a Stipulation. Each is a personal Action, civil, of strict Law, which is given to the stipulant, against the Promisor to oblige him to perform what he promised.

Every Stipulation is either pure, or for a certain day, or conditional. A pure Stipulation is one which is contracted without [the addition?] of any time or Condition, and in that pure Stipulation, the Day of the Obligation begins, and comes immediately. The Day of the Obligation is said to proceed when a Thing, drawn into Obligation, begins to be due, altho it cannot yet be demanded. A day is said to come when that can be demanded which is due. A stipulation, at a certain day, is that which is [made] annexing a day, appointing a day, in which the Money is to be paid. A day may be added to an Obligation 2 Ways, either as a Time from which, as after 5 years I will give, or as a Time to which, as untill 5 years, or as long as I shall live. In the 1st Case, the day of the Obligation, immediately [goes?] but comes not before the day exists. It is [right?] however for the Debtor to pay before the day if he will. In the other Case also, the time being past, the Obligation is perpetuated by the Law it self, but the Promissor of the Agreement, by the Exception of the Agreement [illegible] may [illegible] himself. The time moreover may be added to the Stipulation not only expressly, but also it is sometimes tacitly implied; which happens if a Place is added to the Stipulation, the Performance it self of the Thing, or fact in it self against a space of Time. A conditional stipulation is, one which is made, with regard to a future, [uncertain?] Case, in that the day of the Obligation, neither goes nor comes, unless the Condition happens. Yet the Hope of the future Obligation is transmitted, from the Part of each Contractor to his Heirs. [But?] if the Condition is affixed to the present or the past time, that is scarcely esteemed a [Contract?] nor differs the Obligation.

A Stipulation is made in any Tongue yet the Question and Answer must agree, and, all things [illegible] drawn into that, which are in Commerce, also the facts must be possible and lawful, [illegible] own, not [anothers?]. If a fact is drawn into [illegible] in a Stipulation, the Promissor cant be compelled precisely to the fact, but is freed from [illegible] and therefore it is [actible?] to [illegible] Stipulator, for thus he exempts himself from the difculty of proving that which is due.

Of the 2 Parties of stipulating and promising. The [accessors] of the Stipulation are 2 Stipulators to each of whom the same Thing, Speech by [illegible] is [promised?] in the whole. The [Accessor?] of promising or of owing the [joint?] Promisers or [illegible] conjuncta oratione. Fellow Promisers, joint Promisers [illegible] 2 [promisors?] who singly promise the same Thing, at one time, to a Person Stipulating. Stipulans, in eadem Res, the en solidum, the same thing to a [illegible] . Eandem Rem, in solidum. That therefore 2 may be joint Accessers to [illegible] of Stipulating or promising, it is required 1. that the same Thing be drawn into the stipulation, brought into the Stipulation. 2. That the Promise be made from one and the same Cause. 3. That the whole be promised to both, and by both. Yet one of the Accessors may be rightly obliged, purely, and the other, on Condition, or to a certain day. The Effect of such a stipulation is, that the 2 Partners may act or agree, for the whole, singly, separately, yet so that one accepting, receiving a Debt, or one paying the whole Obligation is destroyed. But if  [illegible]  joint Debtors are obliged to any thing by an alternate Engagement, they may enjoy the Benefit [of the] Divisons. Of the Stipulation of Servants. Even servants may stipulate from the Person of their Masters, also an hereditary servant, and a common servant. But a servant acquires not any thing that is stipulated to himself, but to his Master or to the Inheritance or if there are many Masters he stipulates to each for Part, unless it was by the Order of one, or for one by name. Yet a servant, if he stipulates for a fact, acquires it to himself. Of the Division of Stipulation. [illegible] Stipulations are either, judicial, or pr torial, or conventional, or common.

What are the Rules, Criteria, to determine the Merit or Excellence of a Language? -- Suppose you was to examine, which was the best, and which the worst of the Languages, Greek, Latin, french and English? How would you decide.

One Excellence of a Language, is Conciseness. That Language is to be preferred in which Ideas and Thoughts may be clearly conveyed to the Hearer or Reader in the fewest Words. -- But Q. whether Conciseness is not a Property, a Talent of the Writer rather than of the Language. Would Dean Swift if he had been had been as great Master of french as he was of English, have expressed himself as concisely as he has in English? -- Some Languages have Technical Words to express certain Collections of Ideas, that cannot be expressed, in another, without a Periphrasis. A Man may write more concisely, in french on fortification and Gunnery, and Cookery and Dancing, than he can in English. In Italian, upon Musick, Statuary, Painting, than in any other. In Greek on Anatomy, Physick &c.

2. Copiousness, i.e. Variety of Words to express the same Idea. For as Eloquence and Poetry, are wrote in Measure, feet, Numbers, often times a Dissillable  [illegible]  or a Trissilable will be wanted to round a Period, or compleat a Line. Now, if there is a Monasyllable, and a Dissillable or a Trissillable, in the same Language to express the same Idea, the Writer or Speaker may select that which fits his Measure. Another Advantage of Variety of Words is this. When one Word cannot be so easily or emphatically pronounced, after another, out of several one may be chosen, that will exactly answer.

3. A proper Distribution of Consonants and Vowells, that a Language may neither be effeminately soft, nor brutally rough and grating to the Ear.

4. A Connection [or] Analogy between the sound of the Words and the Things signified by them. Thus, the great and sublime Objects should be signified by Words of a loud grand sound. Slow Actions should be expressed by slow heavy Words. But quick swift Actions by Words that require, and occasion an impetuous Pronunciation.

5. As one considerable Design of Poetry and Eloquence is to move the Passions, a similarity between the sound of Words separately or in Combination and the Passions of the mind. For there is a peculiar sound to every one of the Passions. -- These Hints may lead me into a large field of Speculation and Inquiry.

Inference. One Language may be the best adapted, for Poetry and Eloquence, another for Philosophy and science, and another for Drollery and Humour. But that Language will be the best, which has most of these Characteristicks.

Mr. Winthrop began a series of Experimental Phylosophy, and in the 1st place he explained to us the meaning, nature, and excellence of natural phylosophy, which is, (he says) the knowledge of those laws by which all the Bodys, in the universe are restrained, it being evident that not only those great masses of matter the heavenly Bodys, but all the minutest combinations of matter in each of them are regulated by the same general laws. For instance it is plain that all the planets observeexactly the same uniform rules in their revolutions round the sun, that every particle of matter observes on the surface of the earth. -- As to the usefulness of natural phylosophy, to be convinced of that, it is necessary only to reflect on the state of all the Civilized nations of Europe, compared to many nations, in affrica, of as quick natural parts as Europeans, who live in a manner very little superiour to the Brutes. -- The first Cause, and indeed the alpha and omega of natural phnomena, is motion, their being an utter impossibility that any effect should be produced in a natural way without motion, and this motion or rather Bodys in motion are subject to the following laws. 1st two bodys of different velocitys or swiftnesses, but aequal masses which motion is subject to Certain laws which he explained, and I have forgot. But thus much I remember, the that motion, produced by gravity, was universally in right lines, from the body acted upon by gravity, to the Center of gravity, as the Center of the earth, for instance, or the like. He explained also, powers, weights, the line of direction of powers and weights, the Center of gravity, Center of

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magnitude, and Center of motion, with the several methods of finding them, some of which I've forgot, and the rest he showed us examples of which cant easyly be exhibited. But by reason of some of these laws (he tells us) there are two famous towers in Italy, the one at Bolognia, and the other at [Pisa], each near an hundred feet high which are not in a perpendicular position, but inclined to the horizon to a Certain degree, so as not to have the line of direction fall without the Base, because if the line of direction fell not within the Base, the buildings would inevitably fall. After this and many other things and Terms relating to motion, velocity &c. explained he dismiss'd us for the first time. -- He touch'd also upon the advantages of gunpowder in war, above those of the Battering ram. For says he, the Battering ram was a hugh, and unweildy peice of timber or rather combination of timbers, with an iron head much in the shape of a rams head, whence it drew its name, commonly weighing near forty thousand Pounds, and consequently required a 1000 men to manage it, if being a man being scarce able to handle more than 40 lb.  [illegible]  with velocity enough to do execution. Now one of our cannon, by the  [illegible]  almost irresistable force of rarifyed vapour will discharge a 36 pounder so as to make as large a Breach in a wall, as the Battering ram, and requires but about 6 5 or 6 men to order and direct it. Therefore 6 men can do as much execution now with a Cannon as 1000 could with a Battering ram, and the momenta are equal the velocity of the Cannon exceeding

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that of the ram, as much as the ram exceeds the Cannon in weight, that is as 36: 40000.

The second lecture, wherein which was wholly taken up in explaining the Propertys of the Centers of gravity and motion, which were applyed to the instruments, Cheifly in use in Common life, such as, the lever, pulley, Ballance axis in peritrocheo, &c. But the Ballance was chiefly principally insisted on. The reason of it was fully explained and the method of weighing, viz the distances of the Bodys from the Center of motion, must be precisely in a reciprocall proportion of their quantitys of matter or weights, always alowing for the weight of the Beam on which they are suspended, as well as friction, and the falsity of the supposition, that radii proceeding from the center of the earth are parrellel. Mr. Winthrop also demonstrated to us that all the advantages arising from  [illegible]  any of the engines in use, resulted from the different possion [position] of them, with relation to force and velocity, thence he shew'd the famous problem of Archimedes viz, to move any weight however great by any force however small. -- I had like to have forgot that he applied the doctrines of the center of gravity to the heavenly Bodys, shewing us the affections of the sun and planets with respect to their Centers of gravity, and instructed us in the manner of finding the Common Center of gravity of any 2 of 'em e.g. earth and moon, viz By this proportion as the quantitys of matter in  [illegible]  Both added together is to the quantity of matter in the one separtely so is the distance of their centers to the distance of the Center of the other, from the Common Center sought. And to find the common Center of gravity of 3, 4 or 5 or any given number of Bodys, having found the common center of any 2, from that said Center draw a line to another of said Bodys and find the common Center of gravity of these two respecting the

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common Center of gravity of the former 2 as a Body containing a quantity of matter equal to Both said Bodys.

The theory of the Ballance, scales, steel -- yard &c. and all and the 3 species of lever's continued to which (viz) the lever he referred allmost all the instruments in life, and  [illegible]  universally. To make a quilibrium, the product of product of the quantity of matter in the weight multiplyed into its distance from the Center of motion, must be equal to the quantity of matter in the power, multiplyed into it's distance from said Center.

The phnomina of The nature of the Pulley, axis in peritrochaeo, and inclined Plane explained, which all depend on the laws before laid down (viz) that the quantity of matter in the weight bears the same proportion to the quantity of matter in the power, as the distance of the power from the Center of motion, to the distance of the weight from said Center.

The Theory of simple machines and in particular of the inclined plane, of the wedge and screw, and other machines compounded of these simple ones, finish'd.

Sir Isaac Newtons three laws of nature proved and illustrated, together with the application of them to the planets, which are kept in their orbits by two forces acting upon them, viz that of gravity and that which is call'd itstheir Centrifugal force whereby it they strives to recede from the Center of their orbits, and fly off there from in tangents.

The theory of Centrifugal forces, continued; and aplyed to the Cases of the planets; and from this Centrifugal force, Mr. Winthrop confuted the hypothesis of vortices, from this also arises the spheroidal form of the earth.

Some thing's observed concerning gravity, which encreases as you approach the Center of the earth in a reciprocal proportion of the squares of the distances, and under this head were introduced pendula and we saw that all pendula of equall length oscilated in equal time whether the arches they described were greater or less. We were also inform'd that bodys falling in Chords of a Circle will fall in equal times Caeteris paribus; and in the same time that the same Body would pass through the diameter, as

[Figure -- see page image]

Vulnus alit Venis, et caeco carpitur igni.

Alo, alere, alui, alitum, to nourish. Vulnus, a Wound or Hurt.

Carpo, carpere, carpsi, carptum, to waste away. Carpor to be [troubled?]. Carpitur, is consumed, wasted.

He nourishes a Wound in his Veins, and is consumed with a blind hidden fire. -- Warner, Fessenden,Clark,Cranch,Quincy. All of them [cherished?] by their incessant Thinking, the Wound in their Hearts, and all consume, with a hidden internal flame.

What is Wisdom? Is it, to write dramatic Poetry, like Milton or Shakespear? Is it to write on Astronomy and Physicks like Newton, or is it to know the human mind like Lock? Does it consist in Genius and Learning? No Genius and Learning have been oftener mad than wise. It is not to Act or think beyond man kind.

The Mistery of Masonry not Freemasonry, comprehends the Plaistering of Walls and Cielings, as well as the Laying of Bricks and building Chimneys, so that it is more extensive than the Addition of Bricklayer. Masonry deals in Cement, in every Thing which requires the Use of the Trowell, and was an Art, an Occupation before the society that goes by that name was ever heard of in the World, for this society took its Name from that Trade by reason of The Trowell which was an Instrument common to these Gentlemen and their less honourable brethren, the Bricklayers, and Mortar managers. This Society has been called [Lobronorum?], ficto nomine, generosa, compacta societas, which shews it was a Nick name borrowed from these manual Artificers and applied to that Society.

Q. [Query] Is not the omission of the County, in the Direction to the Constables of Braintree, a fatal omission.

2. Should it I not have been added, after "said Joseph," these Words, "who sues as well in Behalf of the Poor of the North Precinct, in Braintree, as for him self."

3. Would not the Word "found" have been more proper than "taken up" and is and if Defendant pleads not guilty modo et forma, will not a failure to prove that Field had taken the Horses up i.e. that he had bridled or haltered them or else had begun to drive them towards the Pown, be a failure to prove the Declaration? Or in other Words, will Evidence Proof by Witnesses that he had seen the Horses, been to his Neighbours House to borrow a Halter, and then into his own to get a Hand to assist him in catching the Horses, be sufficient Evidence of his taking up the Horses according to the Words of the Declaration.

4. Should there not have been a more express and positive Averrment at the that the Horses broke into his Close and there did Damage there than  [illegible]  that which is implied in the Words, "rescu'd 2 Horses which the Plaintiff had taken up Damage feasant," there?

5. Should it not have been averred, that Lambert entered the Close subtilly and craftily, intending and contriving, to prevent the said Field from driving them to Pound, and of consequence to defraud Field of his Recompence for the Damages the Horses had done him?

6. The Declaration begins in Trespass, but it concludes in Debt, "which sums so forfeited and due," the Defendant has refused to pay. This sounds like Debt for some certain sum that is compleatly due by force of some Law of the Province. These sums may be said to be compleatly due, but the Damages, that Field was [to] recover for himself, were quite uncertain. Now Q [Query] whether this is not in some sort blending together Debt and Trespass, and Q. whether such a blending is not fatal?

7. It is concluded ad Damnum of said Joseph the whole sum Damages and forfeiture and all. -- Q. will not this be fatal.

8. Is Mason a good Addition?

9. Should there not have been a more particular Averment of the Value of the Damages the Horses did, in breaking Fence, trampling and eating Grass &c.

10. What is the Method of Proceedings on an Information? Can an Information be filed vs. Lambert this Court?

11. Should the forfeiture be sett forth to be to the Poor of the North Precinct or to the Poor of the Town of Braintree.

[ . . . ] Close against the Road, from which the Horses broke in was [ . . . ] in that Place where the Horses broke in [ . . . ] Difference, as the Horses had no Right to go in [ . . . ] Road?

And Q [Query] Whether that Entry and driving away, is a Rescous. had Field had not actually taken up the Horses, i.e. had not bridled nor haltered them.

2 Horses --10th. of Octr. 1758. One Pound L.M.

To answer J. [Joseph] F. [Field ]&c. in a Plea of Trespass, for that the said Luke [Lambert], at Braintree aforesaid, on the 10th of last Octr. with Force and Arms entered the said Joseph's Close there, and there and then with force and Arms drove away and rescued from the said Joseph Two Horses which the said Joseph had taken up in his Close aforesaid, Damage Feasant, and was about to drive to the public Pound in said Braintree, which Rescous is against the Law of the Province, made in the Tenth Year of  [illegible]  the Reign of William the 3rd, intituled an Act for Providing of Pounds and to prevent Rescous and Pound Breach, whereby amongst other Things it is enacted, That if any Person shall rescue any Horses, taken up damage feasant, out of [the] Hands of a Person being about to drive them to the Pound; whereby the Party injured may be liable to lose his Damages and the Law be eluded; the Party so offending shall for such Rescous forfeit and [pay] the sum of 40s. to the Use of the Poor of the Town or Precinct where the offence is committed; besides all just Damages unto the Party injured; and an Action bath arisen to the said Joseph to recover the said 40s. aforesaid forfeiture to the Poor, and the Damages which he the said Joseph bath sustained by the said Rescous which he says is equal to Twenty shillings more of the said Luke, which sums so forfeited and due, the saidGeorge Luke,tho often requested, bath not paid nor either of them, but unjustly refuses to do it, to the Damage of the said Joseph as he saith Three Pounds.

They will hardly emerge from Obscurity, whose Virtues are obstructed by Indigence at home. To whose Virtues, a narrow Thing at home opposes.

For that the said Luke, on the l0th of Octr. last,at with force and Arms and against entered the said Josephs Close there in Braintree aforesaid, and then and there with force and Arms drove away, and rescued from the said Joseph tho the said Joseph then and there [illegible] Two Horses which the said Joseph had taken up in his Close aforesaid Damage Feasant, and was about to drive to the public Pound in said Braintree, which Rescous [is] against our Peace and the Law of this Province, made in the Tenth Year of [the Reign of] William the 3d.

[Am?] I sensible of the Importance of the Hazard, I run? I risque my Character and of Consequence my Business, on the fate of this Writt. [I am?] in doubt about the sufficiency of it. I am in doubt whether Trespass [will] lie upon that Act. Whether the Damages done by the Horses to Fields fences and Grass should not have been more Specially sett forth? Whether it is right to declare, for the forfeiture to the Poor ad damnum of Field. It was [desirable?] that somebody should sue for that forfeiture, and who so proper as the Party injured. How could Debt have been laid for his Damages, when it is disputable how much they amounted to? The Act says just Damages, but the Act has not [asserted?] how much is just Damage in this Case. But may not Debt lie, [where trespass lies?] Can Damages be given and [assessed?] by a jury in Debt.

If one declares in an Action of Trespass for the taking away of his Cattle, or one particular Thing, he ought to say, that he took away his Cattle or other Thing Praetii so much. [I] have not declared for taking away the Horses pretii so much, but I have declared that Field sustained so much damage by the Rescous and by the Trespass of the Horses. But if he declares for taking away Things without Life, he ought to say ad Valentiam so much.

Damages are frequently given to the Party and a fine to the King in Trespass. Why then may not damages be recovered to Field and the forfeiture to the Poor in Trespass? In all Trespass there must be a voluntary Act and also a Damage, otherwise Trespass [will?] not lie. Lamberts Entry and driving his Horses were voluntary Acts, and the Damage to Field was the Breach of his fence and destroying his Grass and [illegible] his [illegible] .

[ I declared?] ad Dampnum of Field. How could I have expressed ad dampnum of him and the Poor too.

Q. [Query] Whether Debt is not a more proper Action than Trespass?

Should not the Damages the Horses did to the Fences, Grass &c. have been Specially shewn, als. how can Defendant make his Defence.

Does not this Declaration shift from Trespass into Debt?

Can Defendant know without a Special Shewing of the Damage done by the Horses to the Fences, Grass &c., how to combat the Plaintiff, what Evidence to produce.

That heterogeneous Mixture of Debt and Trespass, still perplexes me.

Trespass, Entry, Rescous, forfeiture. Can a Forfeiture be demanded by Plaintiff in Right of another, in an Action for Trespass.

Trespass for Damages, and Debt for forfeiture to the Poor.

Upon the Commission of that Offence, the forfeiture becomes compleatly due to the Poor. -- Should not something have been said of his suing in Behalf of the Poor, for the forfeiture.

What have I been doing. Only drawing a Writt.

When a particular Act of the Province is declared on should that Passage of it which is particularly to the Purpose be shewn in h c Verba

Judicial [stipulations] are those which proceed from the mere Office of a judge, as Surety vs. fraud [illegible] pursuing a servant, who is in flight. Surety concerning fraud is required, when the Danger is, lest an Adversary commit a fraud [upon things of?] ours. Surety concerning pursuing a servant, is that [when?] an Heir promises the Legatary, that he will pursue at his own Expense a servant [which?] is [given?] as a Legacy, who is running away, and restore either servant or his Value. Praetorial Cautions are those which proceed from the mere Office of the Praetor, as a surety of Damage, that is [illegible] and of Legacies. Damage is all Diminution of our Patrimony. A Damage not done, is that which is not yet done but which we fear will be done. [A] surety of a Damage, not done, is that by which, the owner of decayed Buildings engages to his Neighbor [that] he will repay thereafter what ever Loss or Damage shall [happen?] by the fault of his buildings. [A ]surety of Legacies is that by which the Heir, having given Bondsmen, engages to a Legatary to whom a Legacy [is] bequeathed on Condition, or at a certain day, that he on the fulfilment of the Condition, or [illegible] of the day, will pay the Legacy [illegible] . But if the owner will not give the said sureties to the Neighbor, nor the Heir to the Legatary, the Neighbour is put into possession of the decayed House by the Praetor and the Legatary into [possession?] of the hereditary Things. It is peculiar to the Pretors Cautions to [need Bondsmen?]. Conventional Cautions are those which are conceived by the Agreement [of] either Party. There are as many Kinds of these as there are of things to be contracted. Common are those which proceed as well, from the Office of Praetor, as of that [of] Judge, as that the Estate of a Pupill shall be safe, which is given by Tutors; and a Surety, by which, he who manages the Business of another when he doubts of a Command, he engageing that the Master shall have [illegible] due. Of useless Stipulations. An useless stipulation is one that has no Effect in Law. Stipulations are useless, either by Reason of the Thing, or of the fact included in the Stipulation, or by Reason of the Contractor, or by Reason of the form or manner of the Contract. A stipulation is useless by Reason of the Thing, if any one stipulate a Thing, which neither is, nor can be, in the nature of Things; allso a Thing which is not in Commerce, as a Thing sacred, holy, religious, public, a free man, or at least beyond the Commerce of the stipulator. Also if any one stipulate a property purely, or [even?] the Thing plainly incertain. If any one shall promise the fact Act of another, without any Penalty annexed, also [anything that?] is impossible, either in nature or Morals. By Reason of the Contract, if they are unqualified, as dumb, deaf, mad, infant; also, as made between a father and a son or servant and Master; also if any one shall stipulate to Another than himself unless it shall [be] to him to whom it is [illegible] , or a Penalty [is annexed?].

Let me get a clear Knowledge of the Proceedings in the Courts of Probate. Executor, who accepts the Trust is accountable to the judge of Probate. [A Judge] of Probate, by Warrant under his Hand and seal, directed to sherriff &c. to cause such suspected Person to be apprehended, and brought before such judge to be [examined?] and proceeded with. A Person suspected of convaying or imbezzling Part any Part of the Estate of any Person deceased, shall have been cited, pursuant to Law [sentence unfinished]

Shakespeare, in the Character of Lady Mackbeth, and of Gertrude, the Wife of old Hamlet, and afterwards of King Claudius, and in the Character of Lady Anne in King Richard, has shewn a sense of the Weakness of Woman's Reason, and strength of their Passions.

The Horror of both divine and Human Vengeance, that attends guilty minds is strongly represented in the Characters of Mackbeth and his Lady. He grows daily more and more timorous of the Nobility, and of every man of [Respect?] in their Realm. At last, they are afraid that the stones and trees, and Birds will reveal their Murder and demand Revenge. Blood for Blood.

Shakespears vicious Characters are aggravated beyond Life. He draws Ingratitude, Treason, Hypocrisy, Murder, in the strongest Colours of Horror. -- In Thinking of any Thing, every Image that can resemble it, rises at once in strong Colours in Shakespears mind. When the News of his Ladies death is brought to Mackbeth, he turns his Thoughts upon Life.

Here he compares Life, 1st to a Candle, then to a Shadow, an Image taken from scripture, then to a Player on the stage of Life. Now to a Tale told by an Ideot, another scripture similitude. -- Persons in Mackbeths situation are very apt to make these Reflections and Comparisons. After having committed every Vice and folly, in order to attain the Goods of this Life, they find that these Goods are all Trifles, light vain, idle Toys, and then they compair Life to such Things with great Wisdom. Oh the Horror and despair, the Distress and Anguish of a guilty mind.

Richard, Claudius, Mackbeth and his Wife and Iago are Characters of Fiends, not of men. The times have been, that when the Brains were out, the man would die, and there an End, but now they rise again with 20 mortal murders on their Crowns, and push us from our stools. Malcolm and Donalbain when they find their father murthered and a bloody Dagger laid near their Bed, and their own Hands stained with Blood, concluded that the Design was to charge the Murder on them, and to avoid the consequences they fled to England, and a faulcon towering in her Pride of Place, was by a mousing Owl haukt at and killed. The faulcon is Duncan, the mousing Owl is Mackbeth. The old man observed the Omen. Rosse takes Notice of another Omen that preceded Duncans Death. Duncans Horses, beauteous and swift, the Minions of their Race, turned wild in Nature, broke their stalls, flung out, contending gainst Obedience, as they would make War with man. Thriftless Ambition that will raven up thy own lifes means.

Mackbeth kills the others that lay in the K's [King's] Chamber out of pretended Rage at their [Murder] of the King and tells the Lords and Attendants, [illegible]  their faces and Hands were besmeared in blood and that [an] unwiped Dagger laid by the Bed side. Not only Omens preceded, but sympathy in Nature attended Duncans Death. Chimneys were blown down.

Mackbeths Imagination was [struck?] and afraid, was as lively and teemed with Notions, a Thousand thoughts came into his Head when he was  [illegible]  [remainder missing]

His imagination created 100 things, a Voice crying, Sleep no more,Mackbeth doth Murder Sleep; the innocent Sleep. Sleep is the Idea now. What Thoughts does this call up. Sleep that knits up the ravelled sleeve of Care, the Death of each days Life. As Death is to a mans whole Life, so is Sleep to a day each nights Sleep to us, sore Labours Bath, Bath of Labour, Balm of Hurt minds, great natures second Course, chief Nourisher in Lifes feast. The Eye of [remainder missing]

The general Court agreed to raise 7000 men, to cooperate with his Majesties Forces, for the Reduction of Canada. Agreed, consented by a Vote an Order not by a Law an Act. They make Acts to raise money and clothe the soldiers when raised. But the K [King], in the british Constitution, and of Consequence the Governor in ours, has the sole Direction of Peace and War.Inlisting men, sending them out, proclaiming War, negociating Peace, concluding Peace, are all with the sovereign's Power. But the Parliament must raise supplies.

The Court direct and impower the Treasurer to borrow 28,000, and they enact that the said 28,000 when [whensoever] borrowed, shall be issued by the Governor, with Advice of Council, for the levying and cloathing the said 7000 men, pursuant to the Order of this Court, and for no other use. -- By Order of Court, and with Advice of Councill.

Cur [i.e. Court?] will grant these Petitions, that People may be encouraged to list next Spring, even after the time limited for Inlistments, when the officers are impowered to impress, and not to be so obstinate as some were last Spring. Some refused to the last to inlist, and were dragged into the Service at last. If Money was issued by the Governor to the Officers of this Company or Regiment, to be given as a Bounty to these men, who inlisted after the 2d of May as well as to those before, and the Officers have [defrauded?] them of it, should not this Petition [represent?] the fraud and pray an Order on the officers to make Satisfaction? -- Is the Governor, or Coll. Lincoln or Coll. Quincy or Captain Bracket to blame in this Affair. If there was an Order of the Generall Court that such as should inlist after the 2d of May should have the Bounty, as well as those who inlisted before, and the Governor [paid?] Money accordingly, one of them is to blame.