Robert Treat Paine Papers, Volume 2
I have not heard from you some time but take an Oppertunity by Mr. Huntington of writing to you. By him I hear the disagreeable News that Cleveland1 is not better than he should be & is like to come into trouble. I therefore send inclosed his Notes & hope they do not come too late. If there should be any Occasion for Suing Colo. Eliphalet2 has power of me, pray be so good as to secure them. I wrote last Decr. by Fairbanks hope he has paid you since that. I hope you & yr. family are well. After my respects to them & acknowledgemt. of yr. many Kindnesses I subscribe yr.,
Aaron Cleveland
Eliphalet Dyer
I have not heard from you Since the Money sent for Mr. Dyar by wch. Oppertunity I wrote you. I should be glad to know what is done relating to the dispute wth. Wheats Ex
.2 They cost £3.3 in London & I scruple whether you can get them cheaper. I should have consulted you about the price but found they would not be unsold long as they are scarce, & having so good An Oppertunity To send them by Mr. Huntington, you will please to send the money when best suits your Convenience. Yr.,
P.S. I have sent some Notes of Aaron Clevelands to Colo. Dyar of Canterbury if there should be any difficulty please to assist me.
Sir John Strange, Reports of adjudged cases in the courts of Chancery, Kings Bench, Common Pleas and Exchequer, from Trinity Term 2 Geo I to Trinity Term 21 Geo. II, 2 vols. (London, 1755).
One illegible, cancelled line.
I recd. yours of the 22d Last Month1 inviting to take a Trip to Hallifax & after hearing the Pleas & Allegations on both sides of the Question, It's considered that the Dangers of the Seas the Danger of the French, a french Gaol, the smallpox, the French xxx2—& other perils which might be recounted, Circumstances, peculiarly dreadful to an Invalid, are a sufficient Ground for Staying Ex
I must at the same Time return Thanks for your friendly Invitation & Design therein Such a Voyage & so good Company being no small Stimulation. Yesterday I appear'd (mirandum Dictu!)3 before N. C
4 & plead largely in Abatement to Two Actions of Trespass. One was abated for misnomer—the plea in the other was thro the Stup----y of the Just. overuled. In The Declaration twas set forth that the Deft. on or about the 10th. July 1757 & diverse days and times since sd. 10th. July &c. entred the Plts. Close & took &c. 100 Rails &c. The Exception was that there was no Day in Certain set forth when the supposed Trespass was done. I took it to be a plain point that Certainty as to time is absolutely requisite in all Declarations agreeable to the Directions of Authorities in that Regard—& confirmed by constant Practice & the universal & invariable forms of Entries. I dont remember nor can I find it express in any Authority that the Day in Certain must be set forth, I appealed upon it. I am in no Doubt upon the point But however should be glad of your Opinion & that you would examine & Let me have some particular & Express Authorities in point if you can. I wish you & the Major5 a good Voyage without his being entangled in any of the aforemention'd Difficulties. For You I need say nothing in that regard as you have frequently pass'd thro' & now got hardend against all those operations. I am Sir, yr. Sincre Friend & Hum. servt.,
P.S. My Father will be upon the Return the beginning of next Week by whom let me hear from you.
Not located.
The French pox, or syphilis ( OED).
Wonderful to relate!
Perhaps Nathaniel Clapp, who was appointed a justice of the peace for Plymouth County, Jan. 4, 1748/9 (Whitmore, Mass. Civil List, 141).
Not identified. RTP makes no mention in his diary of a travelling companion on his May trip to Halifax.