Scituate April 10th 1759 Dr. Sir,

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 Execution.

133

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 Esqr. 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.,

WM. CUSHING

P.S. My Father will be upon the Return the beginning of next Week by whom let me hear from you.

RC ; addressed: "To Mr. Robert Treat Paine in Boston"; endorsed.

1.

Not located.

2.

The French pox, or syphilis ( OED).

3.

Wonderful to relate!

4.

Perhaps Nathaniel Clapp, who was appointed a justice of the peace for Plymouth County, Jan. 4, 1748/9 (Whitmore, Mass. Civil List, 141).

5.

Not identified. RTP makes no mention in his diary of a travelling companion on his May trip to Halifax.