Theophilus Parsons Papers, 1762-1809
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Not requestable
Scope and Content Note
This collection consists primarily of legal papers, which include court issued "writs" (legal forms) serving notice to named defendants to answer to charges brought by plaintiffs against them, writs of execution enforcing a judgment, or writs summoning parties to the Court of Common Pleas, on appeal from the decisions of the Justice of the Peace.
Some of the writs use the officially named causes of action (such as "Writ of Debt," "writ of Scire Facias" etc.) based upon the highly technical English common law system of the 17th and 18th centuries. However, primarily due to relative scarcity in the English colonies of lawyers and judges formally trained in the English common law system, choice of the proper cause of action became much less important. Thus, a great number of the writs in this collection are writs of "trespass," or "trespass on the case," or "case," the "catch-all" cause of action, even though the actual suit might be for debt, assault, or any other situation. A few, however, such as "Writ of Scire Facias" (show cause why judgment has not been executed), "trespass" (describing a true trespass), "assault vi et armis," and "Trespass quare clasusum fregit" (why a "close" was broken for trespass), are appropriately named. Other complaints are informally written, not naming a particular cause of action, but simply stating the situation and the case against the named defendant.
This collection provides researchers of early American law with the forms of litigation in the middle and late 18th century, the types of causes most commonly brought before the local justices of the peace, and the American simplification of the English common law system.
The collection has been organized into two series.
Series I. Legal Papers and Memorandum Books contains the litigation documents described above, arranged chronologically. It also contains three personal books, one of which is a hand written treatise of memorandum by Parsons on the laws and jurisprudence of England, its government, judicial systems and religious institutions past and present, as well as a description of the city of London, including its population, environs, colleges, and monuments. European currency past and present, weights and measure, and various other subjects are all carefully inscribed in a miniscule hand. It is not possible to ascertain which of the passages are copied from other sources, which written by Parsons himself. Some portions are attributed to various sources; notes on European currency have been copied from "Chambers Dictionary;" notes on famous persons from "Martin's Biographia Philsophia."
Series II. Oversize Legal Papers contains papers that do not fit into standard document boxes.
Dates
- Creation: 1762-1809
Creator
- Parsons, Theophilus, 1750-1813 (Person)
Restrictions on Access
This collection is open for research use.
Biographical Sketch
Theophilus Parsons was born in Byfield, Massachusetts on February 24, 1750, the son of Moses Parsons, a minister of Byfield, and Susanna Davis Parsons. He was one of nine children. He attended Dummer Academy and graduated from Harvard College in 1796. While studying law with a lawyer in Falmouth, Maine, he taught school. When Falmouth was destroyed by British ships during the Revolutionary War, Theophilus returned to Byfield and continued his study of law with Judge Edmund Trowbridge. He married Elizabeth Greenleaf on January 13, 1780. The children of the marriage who were living at the time of his death were Theophilus, William, Mary Judith, Lucy, Charlotte, Charles Chauncy, and a daughter "Mrs. Watson."
In the 1780s and, at least until 1791, Theophilus was living in Newburyport, Massachusetts, and was a Justice of the Peace in Essex County. Also active in politics, he was involved in the formation of the "Essex Junto," a Federalist group favoring adoption of the Federal Constitution but opposed to the form of Massachusetts Constitution then being proposed. In 1800 he moved to Boston, and in 1806 became Chief Justice of the Supreme Judicial Court of Massachusetts. He held office until his death on October 30, 1813, at age 63.
Extent
5.25 linear feet (4 boxes)
Language of Materials
English
Abstract
This collection consists primarily of legal papers, which include court issued "writs" (legal forms) serving notice to named defendants to answer to charges brought by plaintiffs against them, writs of execution enforcing a judgment, or writs summoning parties to the Court of Common Pleas, on appeal from the decisions of the Justice of the Peace.
Series List
SERIES I. Legal Papers and Memorandum Books
SERIES II. Oversized Legal Papers
Physical Location
Phillips Library Stacks
Provenance
The bulk of the papers were donated on May 5, 1955. A portion of the papers were separated from the Charles and Thomas Parsons Papers, MH 175.
Processing Information
Collection processed by Frances Malamy, November 2005. Updated by Heather Mumford, November 2010 and Hilary Streifer, June 2018.
- Title
- THEOPHILUS PARSONS (1750-1813) PAPERS, 1762-1809
- Author
- Processed by: Frances Malamy; Updated by: Heather Mumford and Hilary Streifer; machine-readable finding aid created by: Rajkumar Natarajan.
- Language of description
- English
- Script of description
- Latin
Repository Details
Part of the Phillips Library Repository