Robert Treat Paine Papers, Volume 1
Perhaps it may not be disagreeable to hear some particulars (not to Say particularities) of Last Week's Ordination1 which if it did not end in the utter Destruction of Orthodoxy, however gave it a Considerable Blow. The Main point in Debate related to Examination & Confession: Some, according to Custom, immediately had Recourse to the old Test of the Assembly of Divines & insisted upon Subscription thereto, the old Phil—ph-r2 in particular esteemed it as the Bulwark of true Religion & the Fides Stantis Seu cadentis Ecclesiæ.3 Others maintained that all Tests & Standards ought to be rejected (I think) not excepting the Bible itself, & no Examination thereupon made—Which Latter Opinion finally prevailed, as tending more to free Enquiry & Enlargement of Thought & to free the mind from those Shackles which a slavish attachment to Creeds imposes on it. If we consider it in a gayer Light, there wanted not a choice Collection, a brilliant appearance of both Sexes who were entertained with a Variety of Diversions such as Songs, Tunes & Dancing intermingled with some k-ss—g and more B-ndl—g,4 & would have been still more agreeable had we been favored with the Company of a certain375young Gent. who is much given to musick and plays on the Spinnet, Flute, Hautboy, & Violin & many other Instruments of Musick. This Gent. has been a great Traveller & famous Sailor, having made many Voyages o'er the briny Element to distant Countries to see the various Customs & Manners of Men & in Search of Novelty & Adventures. One or more he made to Carolina where by his Oaten Reed (Orpheus like) he charmed the savage Breasts of the Rustic Inhabitants. Another to Cadiz where he was admitted to the Honor of conversing with the Nuns, those recluse & uncome-at-able Virgins, thro' a Not-hole—& to conclude this Sort of Travels he made a Large advancement towards the N. Pole in pursuit of the mighty Leviathan (I'm uncertain whether he put a hook in his Nose); But after these Exploits, taking a more Serious Turn he became a Preacher & being much inclined to Patriotism, went into the Army against Crown Point & there mightily Spirited up the Soldiers to the Defence of their Country, their Laws, their Religion. But finding the Ministry too grave a Profession for Life, for a Conclusion of these Changing Scenes & as his last Resort, now puts his Trust in a full-bottom Wig: Not to puzzle You with uncertain Conjectures, his name is R---t T---t P—ne. Ordination was still remarkable in another Light: to be sure it was diverting to observe the extraordinary Change of Substances & Colors in the Space of one Night, old Hats turning into new & new into old, (the same thing being observed of great Coats) Horses that were white in the Evening, the next morning making a grey appearance & grey ones turning into black; in short there was Such a general Metamormophosis, that many people began to think the Philosopher's Stone was investigated. But not to forget Law: there has been such an Uprore, Confusion & Lawsuits in the C—ty of Plymo. as has not been known since the old Colony was divided from the M-ss-ch-s-tts by the Patten and their Subsequent Union.5 Jo.6 & I having fill'd no Less than 100 Writs apiece for Decr. Court & if you have any Notion of making your Fortune, I advise you forthwith to Come down & Settle here if it be but for a Fortnight.
I dont remember that I have heard from you I:E: recd. any Letter either friendly or inimical, but putting the best Construction I'll conclude you have had no oppo
P:S. I forgot to mention that Jo. shook his new-tailed Wig at Ordination. I purpose to Boston next Week for a Week or so to fill a few Writs there. Upon one accot. we were miserably afflicted at ordination. We had nothing in the World for Breakfast but Tea, Coffee & Chocolat & Toast equivalent, but not the Shadow of a P—.7
Samuel Baldwin (1731–1784), who married William Cushing's sister Hannah on Jan. 4, 1756, was ordained minister of the First Church of Hanover, Mass., on Dec. 1. 1756 (Sibley's Harvard Graduates, 13:186–188).
The old Philosopher, Rev. William Cook (1696–1760), pastor of the East Church, Sudbury, preached the ordination sermon, The Plain Truths of the Gospel most profitable to be insisted on by the minister of it. It was published in Boston the next year.
The faith of the standing or falling church.
Kissing and bundling.
The boundary line between Massachusetts Bay Colony and Plymouth Colony had been a source of dispute since the year 1636. For a discussion of the controversy see Samuel Deane, History of Scituate, Massachusetts (Boston, 1831), 1–8.
Probably Joseph Cushing (1731/2–1791).
Punch?
I Recd. yours dated 9 & 17 Nov. & what was Inclosed in the Same,1 I should have answered you before, but Business of another kind prevented. Your Quaeres I shall put down just as I Received them from you & answer them as well as I am capable; trusting that if I am wrong in my Answers you will correct me as soon as Time will permit, lest I should be confirmed in my Errors.
Quaere 1st: Two joint obligors one dies how must the Bond be sued?
Ans: The Survivor must be Sued & the Death of the Deceased Obligor Suggested.
Q. 2. If it be father & son father dies & makes his Son Extor.?
A. just in the same manner as if the Son was not Extor.
Q.3. Two joint obligors in different Governments what is the Methd.?
A: Writ must be filled against both & the Officer will serve the writ upon the man in this Province & Return non est inventus2 as to the others
Q:4. what is the meaning of this Clause in the Act of Distribution vizt:377no Representatives shall be admitted among Collaterals after Brothers & Sisters Children.
A: I take the Nature of a Representation to be such, that it ought to take place; where the Person Represented had a right in the Goods of the other, as a son to Succeed in the Estate of the Father, being esteemed but as one Person. Now if the son dies before the father, his Children upon the same account have a right to succeed, and therefore the son is represented by them. But one Brother has no right in the Estate of the other Brother, while he is living, and therefore if he dies before the other Brother (leaving Children behind him) they cannot in Strictness be said to Represent him in any right of Claim he had to his Brothers Estate. but to put it in a clearer light Suppose A.B.C. Brothers Children, A. has a son E. & then dies. B. has three Children F G H & then he dies. Then C. dies leaving no Children, now the Queston is how shall the Estate of C. be divided agreable to the aforsd. Statute.
Ans: It is to be understood by the Same Statute that Collaterals after Brothers & Sisters Children shall succeed (though not as Representatives) according to the Proximity of their Degree in infinitum there being no first Degree to bar the Succession now it is evident that F. is as nigh to C. as E. the only Son of A. is. Therefore F. by sd. Statue has as good a right to the Estate of C. as E. has; & Consequently the Estate of C. must be equally divided between E. F. G & H.
Your 5th Question you answered yourself, & the Sixth Vizt. Can a Man devize away his Estate in such Quanty, as to debar his wife of her Thirds in the Personal Estate, I am not able to answer, but I think the Wife may go before the Judge & decline taking by the will & then she will be Intitled to her thirds, but I am altogether uncertain. Inform yourself in this Point & inform me.
I have Inclosed an Indenture of an Apprentice. I should be glad you would draft a writ upon it & show it to some attorney & send it back to me by the Bearer hereof. The Breach is the master refuses to give the Apprentice any Cloaths. I should have drafted one myself and sent it to you to show it to some attorney, but I have not Time by this Conveyance. Quer: Can a Town lay out a Road thro a Mans Land and open the same without first paying the man for his Land?
Quer: If an Apprentice should absent himself from his Masters service and afterwards return to his Master and serve him the Remainder of the378Term and after he is Twenty one make up the lost Time, will it be look'd upon he fulfilled his Indenture and can he Sue his Master for not fulfilling his Indenture?
I am Sr. yr. hble. Servt.
Remember me to all Friends
None found.
"Not found." The sherrif's return to process requiring him to arrest the body of the defendant, when the latter is not within his jurisdiction.