Scituate Nobr. the 18th. 1757 Mr. Pain Sr.,

I1 Recived a few Lines from you not Long Since which Intemate that I am upon Thos. Paine's Books which was a thing I never expected to here. Sr. about Twelve or thirteen yeares a go I wass a going to Boston & my father Desired me to gitt Sum Camblit2 of Mr. Tilly3 for a Gown for my Sister, who at that time wass in his Debt: But When I Came to Town Mr. Tilly had no Such thing in his shop. I being at Mr. Paines Store Saw Sum that wold Sute. I asked Mr. Pain if he wold Lett me have Camblit anough to make a Gown and take Mr. Tilly pay marster which he Readily Consented to and Went Parsonally with me to Mr. Tilly, who told him he wold pay him in wood when Ever he pleasd, which wass Exceptable to Mr. Pain and he Delivered me the Camblit & I never heard a word about it in Six or Seven yeares, tho in the mean time I was in Mr. Paines Company at Scituate and he never said one word about it; but Since that I had a few Lines from Mr. Pain Desireing me to pay for the Camblit; but about two yeares a go I wass at Boston and told Mr. Tilly the Story and he gave me to understand he had paid him. Where it is61true or false I Cannot tell, & if he hass not been paid it is Reasonable he Shuld; and I wold advise you, as Judg Cushing4 often Comes to Town, to Consult him for he and Sr. Samuel Disposd of my fathers Estate and Sr. Samuel was Sole Executor to said will and I Doubt not but Judg Cushing is a Gentleman of that probity but he will perswade his doss frind Sr. Samuel to pay all his fathers just Debts for he Died Seizd of a plentifull Estate; but if that Shuld fail, my Sister is Since Dead who ownd the Gown and Left her Estate to Parson Bourn5 who when he comes to here the Story being a Gentleman of that benevolent make I make no Doubt he will pay you upon Sight but if Both these proposalls Shuld fail the Remaines of the Gown is now in being the Mettemorphist in to a peticoat which the parsons Dwr. Daughter Doth ware and I think the Law Doth allow a man to take his Goods where Ever he Can find them and if you will Come Down you may make a Lawfull Seizesure on the petticoat or Sumthing that appertaines theirunto to the Vallue thare of. Sr. I will Lend you all the assistance that I Can that you may Come to your Right. and in making this Seizure I beleve will be a grate advantage to you as you are a single man and she a Lady of Considerable fortun. From your Humb. Sert. and unknown frind,

EZEK. BARKER

PS. Sr. I wold not have you give your Self any trouble abut the matter for the thing Shall be peept into and you shall have your Right by hoock or by Croock,

EB

RC ; addressed: "For Mr. Robert Treat Pain Attorney at Law in Boston at Mr. How the Tin Man"; endorsed. The draft of RTP's answer of Dec. 22, 1757, is attached.

1.

Ezekiel Barker (b. 1714), son of Samuel (b. 1684) and Hannah (Cushing) Barker of Scituate. It is probably his older brother who is referred to below as "Sr Samuel" (Deane, History of Scituate, 216).

2.

Variant of camlet.

3.

George Tilley kept a shop on what is now State Street, Boston (Thwing Index).

4.

John Cushing (1695–1778) served as a justice of the Superior Court of Judicature from 1747/8 to 1771. His father had served in the same position (1728–1733) as would his son William (1771–1780, when the court was restructed as the Supreme Judicial Court; as a justice in that body until 1790 when he was appointed to the U.S. Supreme Court) (Whitmore, Mass. Civil List, 69–70).

5.

Shearjashub Bourne (1699–1768), minister of Scituate, had four daughters by his first marriage (Sibley's Harvard Graduates, 6:371–373).