Robert Treat Paine Papers, Volume 2
I have just a minute to write you by Mr. Leonard & inform you that your writ against Calef was not Served. I entered The Action but was told upon delivg: my List that The officer had lodged The Writ in the Office but had made no Service. The man I think having taken his Flight just before he recd. it.
Inclosed is a Bill of Exchange for £50 Stg: & Protest by which poor Bror. Wigglesworth1is like to be deeper involved. To help him out as much as I can, I forward this desiring you would be so good as to summon on the absconding act,2 for me in his Name immediately Reuben Delano of Dartmouth & John McWhorter of Taunton, first enquiring of The latter whether he is yet in Debt to Gould. I know He was lately; & I am certain The other is now. You may add in The Summons if you think worth while The Officer who recd. Nye's Debt. Wm. Davis & Nicholas Davis both of Dartmouth, did owe Gould considerable, but whether They have not discharged their Debts I am uncertain. If you can find out308by any means, I wd. have you add or omit them. I am afraid of their claiming Costs if They have nothing. If you think They will not, & judge it best to risque it, do as you please. I will forward a Power, & your Fees shall be taken Care of by Yours very respectfully
NB Call Mr. Wigglesworth junr. of Cambridge Gent.
Edward Wigglesworth, Jr. (1731/2–1794), following an unsucessful merchant career, had been appointed a tutor at Harvard College in 1764, the year before succeeding his father as second Hollis Professor of Divinity (Sibley's Harvard Graduates, 12:508–509).
"An Act to Enable Creditors to Receive their just debts out of the effects of their absent or absconding debtors" (Province Laws, 1758–1759, Chap. 11).
As my Circumstances will not admit of my attendance at the Proposed Interview of the Gentlemen of the Barr at Boston,1 I have Ventured to Give you my tho'ts on the subject of that meeting, (as I apprehend it) viz to Consult and advise to Proper Measures for the Suporte of the Honour of the Barr, and to Prevent Irregular admissions for the Future, and the Cultivating a Good understanding between all, who are or shall be members of our Society. I most Earnestly wish that Such measures may be taken as will answare the Proposed Ends. And in order to this, I would propose.
1. That for the Future, No Person should be offered as an attr. at the Lower Courts, but Such as have had gone thrô a Regular Course of Study, and are well aquainted with the Principels of the Law, and are men of Good Naturall Powers, as well as of aquiered abilitys, men of Honesty and Integrity, that will abhor meanness, and that will place a due Vallue upon the Charracter of a Lawyer, &c. and that when any applications are made to any one of the Barr, for their assistance in Such admissions, no Encouragement Should be given, unless the Person desiering the Same, will Convene all the Gents. together who usually Practice in Such Courts; and they by Generall Consent shall agree that Such Person, has the qualifications aforesaid, and is in their Judgement worthy of the Imployment as an attorney in Such Courts; and Particularly that he will not only Dis309countenance, but Bare hard (if need be) against the Pettyfogging Tribe in order to Suppress that Growing Evill.
2. That after Such admission, no Such Person shall be offered by the Barr as an attorney in the Superiour Court of the Province untill he has Practiced in Such some Lower Court for Some years at least, and has by his Practice given Sufficient Evidence that he answares the aforesd. Charrecter, and shows a Good Disposition to Cultivate & maintain a Good Understanding with his Brethren of the Barr, and doth what lyeth in his Power to Support and Maintain the Honr. of the Barr, against all opposers of what Denomination soever.
3. That after None be hereafter be offered to the Supr. Court to take upon them the Degree to Barristers of the Sal at Law, till they have by Some years Practice in the Supr. Court that Court Given Sufficient Evidence that they are men of the foregoing Charrecter; and that Previous to their being admitted, Notice be given to all (or as many as may be) of the Barristers in the Province, of the Desiers of Such Person to be admitted a Barrister, and that there is no objection from them, or any of them, and if there should be any objection the Same Shall be removed before their admission.
4. When any Person is offered as an attorney at In any Inferiour Court, or at the Supr. Court, or to be made a Barrister the Senior Barister Present, or the oldest attorney Present Shall in full Court in the Name of the Barr, in the most Publick manner Introduce such Person, and make a motion to the Court for his admission To which all the Attorneys and Barristers Present shall Signifie their approbation and Consent.
These Rules, (or Something Simalar to 'em,) I Am Ready to think might be Come into, and would be of use, if Reduced to Practice. But I dont pretend to Sett my selfe up as a Dictator, being Sensible that my Quallifications, (compared with others,) are very Small and therefore very Little is to be Expected from me. However what shall be tho't best at the Convention proposed, for the Purposes aforesd. I shall I hope Chearfully fall in with, and in my Sphere of Action I shall Endeavour to promote the Same. I am Sr. yr. Sincear Friend & Brother,
The Suffolk Bar called for a meeting of all barristers to consider plans for regular development and advancement within the legal profession. However, these proposals never went beyond the suggestion stage at this time (Gerard W. Gawalt, The Promise of Power: The Legal Profession in Massachusetts, 1760–1840 [Westport, Conn., 1979], 17).