1. In JA’s hand. Adams Papers, Microfilms, Reel No. 185.

2. Coke, Littleton description begins Edward Coke, First Part of the Institutes of the Lawes of England;or, Commentarie upon Littleton, 2d edn., London, 1629. description ends *293a. Quotation marks supplied.

3. The court of justices in Eyre, royal judicial officials who held court on circuit in medieval times. Plucknett, Concise History description begins T. F. T. Plucknett, Concise History of the Common Law, 5th edn., London, 1956. description ends 144–146.

4. Fitzherbert, New Natura Brevium description begins Anthony Fitz-Herbert, New Natura Brevium, London, 1755. description ends 69 (London, 8th edn., 1755) Quotation marks supplied. The quotation is actually from a section on writs of right of advowson, a special variety of the writ dealing with the right to present a candidate for a church or benefice. In the section dealing with writs of right generally there is a similar statement, with the qualification, perhaps dangerous to JA’s position, that “If he count the Seisin of his Ancestor, he may alledge the Seisin in the Time of King Richard the First.” Id. at 11.

5. That is, the products of the land. It was alleged here. See the declaration, p. 36, note 14, above.

6. The statute, 32 Hen. 8, c. 2, §2 (1540), provides that no writ of entry may be maintained upon the seisin of an ancestor or predecessor which was not in effect within fifty years prior to the date of the writ. As to the statute of 21 Jac. 1, see text and note 7 above.

7. 3 Bacon, Abridgment description begins Matthew Bacon, New Abridgment of the Law, London, 1736–1766; 5 vols. description ends 501–504, setting out the statutes cited in note 6 above.

8. Holbeck v. Bennett, 2 Lev. description begins Creswell Levinz, Reports of Cases in the Court of King’s Bench and Common Pleas, during the time of Sir R. Foster, Sir R. Hyde and Sir J. Kelyng were Chief Justices: also cases in other Courts during that time, London, 1702. description ends 11, 83 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 429; sub nom. Bennet v. Holbech, 2 Saund. description begins E. Saunders, Les Reports des Divers Pleadings et Cases en le Court del Bank le Roy en le temp del Reign de le Roy Charles II, London, 1686–1687; 2 vols. description ends 317, 85 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 1113 (K.B. 1682) (Time and place of lease pleaded in avowry in replevin held not traversable, per Hale, C.J.). This citation and the remainder of the minutes, written in a hastier hand with a heavier pen, are JA’s on-the-spot notes of Quincy’s argument and the court’s ruling.

9. Blackwell v. Eales, 5 Mod. description begins Modern Reports; or, Select Cases adjudged in the Courts of K.B., Chancery, C.P. and Exchequer, London, 1682–1738; 12 parts. description ends 286, 87 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 660 (K.B. 1696) (Time but a circumstance, where evidence of a thing done must be given; traverse taking issue thereof would be bad, and declaration alleging trespass on a day not yet come held aided by verdict).

10. Rex v. Bishop of Chester, Skin. description begins Robert Skinner, Reports of Cases adjudged in the King’s Bench; with some arguments in special cases, London, 1728. description ends 651, 660, 90 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 291, 295 (K.B. 1696) (Failure to deny exact time of seisin in quare impedit does not admit it, because exact time immaterial; seisin generally in time of peace, &c. is enough).

11. Lane v. Alexander, Cro. Jac. description begins George Croke, Reports of Cases in King’s Bench and Common Bench. Part 2, James, London, 1683. description ends 202, 79 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 177 (K.B. 1607) (In ejectment, where one copyhold is pleaded as being before another, denial of exact date of earlier copyhold held bad on demurrer as immaterial where question is which came first).

12. This citation has not been identified. In all editions of Croke’s Reports in the Time of Charles I (“Cro. Car. description begins George Croke, Reports of Cases in King’s Bench and Common Bench, Part 3, Charles, London, 1657. description ends ”) consulted by the editors, page 360 is blank.

13. An inadvertence for —— and Blackall v. Heal et al., 1 Com. description begins J. Comyns, Reports, King’s Bench, Common Pleas, and Exchequer [with] Special Cases in Chancery and Before the Delegates, London, 1744. description ends 12, 92 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 933 (K.B. 1696), another version of Blackwell v. Eales, note 9 above.

14. An inadvertence for Dring v. Respass, 1 Lev. description begins Creswell Levinz, Reports of Cases in the Court of King’s Bench and Common Pleas, during the time of Sir R. Foster, Sir R. Hyde and Sir J. Kelyng were Chief Justices: also cases in other Courts during that time, London, 1702. description ends 193, 83 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 364 (K.B. 1666) (Traverse to declaration in debt on a judgment held bad on demurrer where it had effect of putting date of the judgment in issue).

15. Apparently an inadvertence for Robert Brooke, La Graunde Abridgement, tit. Traverse per sans ceo, pl. 140 (London, 1586) (Debt on condition that defendant enter peacefully before Michaelmas; plea that he entered peacefully on such a day before the feast. Replication bad that he entered forcibly on another day, because day not traversable).

16. Brown v. Johnson, 2 Mod. description begins Modern Reports; or, Select Cases adjudged in the Courts of K.B., Chancery, C.P. and Exchequer, London, 1682–1738; 12 parts. description ends 145, 86 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 991 (K.B. 1688) (In action of account, dates during which defendant was bailiff are matter of form, not issue).