Arose before the sun again. This is the last day.1 What, and who to day? Ebenezer Hayden was altogether new and unexpected. Hollis him self was altogether new and unexpected and John Hayward was altogether new and unexpected. 3 entirely new Clients, all from Captn. Thayers own Parish, and one of whom is himself a Pretender to the Practice, are a considerable Acquisition. I believe, by the Writ and Advice I gave Hayden and the Writt and Advice and the Lecture, concerning Idleness and Petty fogging, given Hollis before Hayward will spread me. Hollis is very near to Beggary and Imprisonment. His oxen are attached, and his Cows, and Pew, and a Number of Writts, and Executions are out against him and not yet extended. He owes more than his Estate can pay I believe. And I told him that by neglecting his own proper Business, and meddling with Law which he did not understand, he had ruined himself. And it is true, for if he had diligently followed his Trade of making shoes and lived prudently he might at this Day have been clear of Debt and worth an handsome Estate. But shomaking I suppose was too mean and diminutive an Occupation for Mr. Thomas Hollis, as Wig making was to Mr. Nat Green, or House Building to Mr. Daniel Willard, and he like them in order to rise in the World procured Deputations from the Sheriff, and after serving long enough in that office to gett a few Copies of common 136Writts and a most litigious Disposition, left the Sheriff and commenced the Writt Drawer. But poor Hollis is like to be stripped of all he has, if he should escape the Goal, which Daniel Willard was obliged to enter, and if he should not be forced to fly like Nat Green. These sudden Transitions from shomaking, Wigg making and House building, to the Deputy Sheriffwick; and from thence to the Practice of Law, commonly hurry Men rapidly to Destruction to Beggary and Goals. Yet Coll. White has rose the same Way, i.e. by a Deputation from the Sheriff. But White had the Advantage of a liberal Education, and had as Rival no Competitor to oppose him, so that he got quickly sworn. E. Taylor too, was naturally smart, and had been long a sheriff, and had the Patronage and Encouragement of Mr. Trowbridge, who was his Brother in Law. Applin and Ruggles are in a higher Class, men of Genius and great Resolution, to combat the World both by Violence and stratagem.

Thayer by his own abject slavery to Coll. Pollard got his Affection and he did every Thing to encourage him. Dana has given him great Numbers of Writts to be served on People in this Town, he takes seven shillings for the Writt, and four shillings always, and some times 5 for the service; of this he gives Dana one shilling for his Blank, and reserves 10 or 11 to himself; great Numbers of Writts he has filled himself, and those which he durst not fill he got Niles to fill for 3 shillings so that he takes 3, and four is seven and often times Eight shillings to himself. Thus from Coll. Pollard, from Mr. Dana and Elisha Niles he has got his Estate, as his Legislative Authority, as basely got as Bestia’s from the Throne. A little longer Experience will enable me to trace out the whole system of his Policy and iniquity.

The office of a sheriff, has Dangers and Temptations around it. Most of them decline, in Morals or Estate or both. Saml. Penniman is one.

Read but little, thought but little, for the N.E. storm unstrung me.

I have been the longer in the Argument of this Cause not for the Importance of the Cause itself, for in itself it is infinitely little and contemptible, but for the Importance of its Consequences.1 These dirty and ridiculous Litigations have been multiplied in this Town, 137till the very Earth groans and the stones cry out. The Town is become infamous for them throughout the County. I have absolutely heard it used as a Proverb in several Parts of the Province, “as litigious as Braintree.” And this Multiplicity is owing to the Multiplicity of Petty foggers among whom Captn. Hollis is one, who has given out that he is a sworn Attorney till 9/10 of this Town really believe it. But I take this Opportunity, publickly to confront him, and undeceive the Town. He knows in his Conscience that he never took the Oath of an Attorney, and that he dare not assume the Impudence to ask to be admitted. He knows that the Notion of his being a sworn Attorney is an Imposture, is an Imposition upon this Town. And I take this opportunity publickly to declare that I will take all legal Advantages, against every Action brought by him or by Captn. Thayer or by any other Petty fogger in this Town. For I am determined if I live in this Town to break up this scene of strife, Vexation and Immorality. (Such suits as this and most others that ever I have seen before a Justice in this Town, have a Tendency to vex and imbitter the Minds of the People, to propagate an idle, brawling, wrangling Temper, in short such suits are an Inlet to all manner of Evils.)

And some i.e. one of these suit managers, when I first came to this Town, hearing that I had been thro a regular Course of study with a regular Practitioner, and that I was recommended to the Court in Boston, by one of the greatest Lawyers in America, concluded, that I should be enabled by these Advantages, and prompted by my own Interest if by no higher Motive, to put an End to the illegal Course of dirty, quacking Practice in this Town, which he had been in, and thereby enslaved the Minds and Bodyes and Estates of his Neighbours. And to prevent this he set himself to work to destroy my Reputation and prevent my getting Business, by such stratagems as no honest Mind can think of without Horror, such stratagems as I always will resent, and never will forgive till he has made Attonement by his future Repentance and Reformation. I thank God his Malice has been defeated, he has not been able to enslave me, nor to drive me out of Town, but Peoples Eyes begin to open, and I hope they will open wider and wider till they can see like other Towns. Happy shall I be if I can rescue the Souls and Bodies, and Estates of this Town from that Thraldom and slavery, to which these Petty foggers have contributed to depress them; and if I can revive in them a generous Love of Liberty and sense of Honour.—After this long Digression your Honour will let me return to this Cause, and I rely upon it, it is a vexatious one. I rely upon it that many of these Articles were borrowed and not bought, 138and that therefore this Action cant be maintained for them. I rely upon it, that the Affair of the Hat is a litigious Thing, that it was a mere piece of Tavern Amuzement, and if there was any Thing like Bargain and sale in it, the Bargain was completed, the Hat delivered and the Money paid, and with regard to the other Articles, we have filed an Account that more than ballances them, and therefore I pray your Honours Judgment for Costs.