Hugh Jameson's Court Case

In May of 1753, Hugh Jameson and Robert Parkinson[1] were summoned into court in Portsmouth, (in what was then the Province of) New Hampshire, having been sued by Robert Gage of Coleraine, Ulster, Ireland, for not having been paid the monies due him per the August 4, 1746 agreement by Jameson and Parkinson to do so, two years after arriving in America. This obligation was for ships passage to America and was made the day of departure.

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Apart from the actual date, it is not at all clear as to when or under what circumstances this two year out payment agreement was actually made, or if any other arrangements or payments were made or thought to have been made. It is possible that the agreement was made somewhat before or at the time of boarding ship (like the purchase of a "ticket") and that the accounts of three men suddenly showing up at the time of departure demanding some monies (see transcripts), was some sort of act by Robert Gage to cover his loan. It is also possible that Jameson and Parkinson were aboard this ship without having paid and that when Robert Gage got wind of it he sent his men to collect. With Jameson[2] not having any monies, a collection was taken up amongst the other passengers and this agreement was then made on the spot. It is also possible that Jameson and Parkinson genuinely felt that the monies collected on board ship in their behalf were just payment for the agreement and obligation, in full or at least in part and that is why they contested the suit. However because there are no transcripts of the court proceedings, or any surviving written explanations by the defendants themselves, a better understanding of the circumstances is not known.

Court records of June 7, 1753 (the original court date) show that the defendants (Jameson & Parkinson) were unable to obtain some evidence they needed because it was "out of the Province." No further explanation or resolution is given in the records. This issue may have forced a trial postponement and as such be an explanation for the conclusion of this case to be three months later in September 1753.

Both Hugh Jameson and Robert Parkinson were found guilty, by jury, on September 6, 1753 and ordered to pay in the amount of 18 pounds, two shillings and 4 sixpence, new tennor bills, as damages, including court costs.

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We Hugh Jamison and Robert Parkison doo bind ourselves our heirs administrations and assigns in the full and just sume of Six Pounds thirteen Shillings Sterling Lawfull mony of Great Britian to be paid Unto Mr Robert Gage Mert: of Colerain in Ireland or his assigns to be paid in two years from the date hereof and after the arivele in Boston in America as witness our hands and seals this August of Witness Presant Daniel Mitchell          Hugh Jameson Joseph Little             Robert Parkeoson

Province of New Hampshire. George the Second, by the Grace of GOD, of Great Britain, France and Ireland, KING Defender of the faith, etc. To the Sheriff of Our Province of New Hampshire, his Under-Sheriff or Deputy, Greeting. We command you to Attach the Goods or Estate of Hugh Jameson Cordwainer & Robert Parkinson Cooper both of Londonderry within Our Province of New Hampshire, to the value of Thirty----- Pounds, and for want thereof to take the Bodys of the said Hugh or Robert (if they~~~~~~~~~~~ may be found in your Precinct) and them~~~~~~ safely keep, so that you have them~~~~~~~ before Our Justices of Our Inferior Court of Common Pleas, next to be holden at Portsmouth, within and for Our said Province of New Hampshire, on the First Thursday next following the first Tuesday in June~~~~~~ next, then and there in Our said Court to Answer unto Robert Gage of Colerain in our country of LondonDerry and Kingdom of Ireland Merchant In Actions of Debt for that whereas the Debts on the 4th Day of ~~ August 1746 at Portsmouth aforesaid by their Certain bill obligatory Sealed with their seals dated the Day of year aforesaid & ready in court to be produced did acknowledge themselves to owe & be Indebted (by their names of Hugh Jemison and Robert Parkison) to the Plat by the Name of Robert Gage Mert of Colerain in Ireland the Sum of Six pounds thirteen Shillings Sterling Lawful Money of Great Britian to be paid to the Plat his Execs admins or assigns within two years from the Date of the Said Bill and after their arrival in Boston in America and for the said payment well & truly to be made the Defs bound themselves their Heirs Execs & admins firmly by the Said Bill and the Plat in fact Says that the Said two years is past that the Defs Safely arrived at Boston more than two years Since yet they have not paid the Said sum to the Plat nor any part thereof the offences hereto Requested but still Refuse & Neglect to pay the same~~~~~~~~~ To the Damage of the said Robert Gage as he says~~~~~~~~~ the Sum of thirty~~~~~~~~ Pounds, which shall then and there be made to appear, with other due Damages; and have you there this writ, with your Doings therein. Witness Theodore Atkinson Esq; at Portsmouth, the 5th~~~~~~~ Day of May~~~ in the 26th~~~~~~~ Year of Our Reign. Annoque Domini 1753 H. Wenhoorth Clerk

Province of newhampshire May 11:1753 by vertue of the within Precepts ? attached or that of the within named Hugh Jemeson value five shilling and ahat of Robert Parkeson to the value of three Shillings and Left a Summons at the Place of Each of their abodes Benj Smith Dept Sherriff and the said Hugh Jameson and Robert Parkison Came & Defend ? when ?? and for ???? say that they do not owe to the Pet money Sued for nor any part thereof and thereof Put themselves on the Country N. Emery and the pet likewise M. Livermore

Province of New Hampshire} Septem 6th, 1753 Robert Gage Plat vs Hugh Jameson & Robert Parkinson Defends we the Jury find for the Plant Eighteen pounds two shillings & sixpense new tenor Bill Damages & cost of Court Ebenizer Light XXXX Court Ports

Sometime after the court finds against Jameson and Parkinson in September 1753, it appears that a counter claim was made against Robert Gage, as a judgement was made against him in favor of Jameson and Parkinson in September 10, 1754 and a directive by the court to detain and collect, Eight Pounds, Seven Shillings New Tennor Bills of Credit, from Gage, on January 29, 1755. Again, without any transcripts of the court proceedings it is impossible to understand the reason or particulars of this finding. However, it can be speculated that Jameson and Parkinson's contentions to this was that the amount of Gage's original suit, not the validity was at issue. Clicking on this thumbnail image will open a larger image in a new window. Click Below to Expand or Collapse This Document Transcription of the Contents of the 5th Document - Final Resolution Province of New-Hampshire} George the Second, by the Grace of GOD, of Great Britain, France and Ireland, KING, Defender of the Faith, etc. To the Sheriff of Our Province of New-Hampshire, his Under- Sherif, or Deputy, Greeting. WHEREAS Hugh Jameson Cordwainer and Robert Parkinsin Cooper both of Londonderry in New England within our provence of New Hampshire, By rge confideration of Our Justices of Our Superior Court of Judicature Holden at Portsmouth for and within Our Province of New-Hampshire aforesaid, on the 10th day of September visa by adjournement Recovered Judgement against Robert Gage of Coleraine in the County of Londonderry, Kingdom of Ireland Merchant for the sum of Eight Pounds Seventeen Shillings new Tennor Bils of Credit Costs of Suit, as to Us appears of Record, ehereof Execution remains to be done. We command you therefore, that of the Goods, Chattels or Lands of the said Robert Gage within your Precinct, you cause to be paid and satisfied into the said Hugh Jamison & Robert Parkinson- at the Value thereof in Money, the aforesaid Sums, being Eight pounds Seven teen Shillings new Tennor Bills of Credit- in the Whole ; with Two Shillings more for this Writ ; and thereof also to satisfy your slf for your own Fees. And for want of Goods, Chattels or Lands of the said Rovert Gage to be by him ?hewn unto you, or found within your Precinct, to the Acceptance of the said Hugh Jamison & Robert Parkinson to satisfy the Sums aforesaid: We Command you take the Body of the said Robert Gage and him commit unto Our Goal in Portsmouth in Our Province of New-Hampshire aforesaid, and detain in your Custody within Our said Goal, until he pay the full Sums above-mentioned, with your Fees ; or that he be discharged by the said Hugh Jameson & Robert Parkinso the Creditor, or otherwise by Order of Law. Hereof fail not, and make Return of this Writ, with your Doings therein, into Our said Superior Court of Judicature to be holden at Pourtsmouth, within Our Province of New-Hampshire aforesaid, upon the first Tuesday of February next. Witness Theodore Atkinson Esq; at Pourtsmouth, the 29th Day of January in the 28- Year of Our Reign Annoque Domini 1755 Geo Jaffrey

It should be noted the only documented evidence contained in the surviving court records on behalf of the defendants, or for anyone else for that matter, are four written depositions from eye witnesses aboard the sloop Molly at the time of departure. It should also be noted that apart from the first depositions of Margaret Paul and Isaac Brewester, all were taken after the September 1753 verdict, and probably only used as part of the second proceedings where Jameson and Parknson were the plaintiffs and Robert Gage the defendant.

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The deposipon pf margrat Paul of full age testifieth and saith that she was aboard of the molly ship in the Road of portrush in or upon the Cost of Ireland on or about the fourth day of august in the year of our Lord 1746 bound to new England and there two men come abord to as they said to~ demand thirty shillings on account of Robert Gage from Hugh Jamison: now dwelling in London - derry in rge province of newhampshire Cordwinder and the said Hugh's wife Came to me praying I would lend her five shillings to make up the money for if they could not make up the thirty shillings they would force her husband ashor and she would be forced to go with him. and they contributed in the ship about seventeen shillings and some and I heard one of the men say that he had orders from Robert Gage to take thirty pence which she said she payed to one of the men shilling and no less and further saith not deatted this first day of septembr 1753 Margrat Paul The depositon of Isaac Bruster of full age testifeith and saith that he was aboard of the said ship above mentioned and at the same time and he knew of that there were men come abord to force Hugh Jeomison ashore which made a Considerable desterbance in the ship and that there ~ was some money Contributed abord for him and further saith nott Isaac Brewster province of newhampshire} september the first 1753 then the above desondonts margaret paul and Isaac Bruster appearing mad solemn oath to - the deposison by them signed to be made up of in on action - wherin Robert Gage mmerchant of Coulrain is Plaintiff - and to which it both relation being in an action of Debt wherin Hugh Jamesson Cordwainder & Robert Parkeson Cooper both of Londonderry Defandants the advers party Robert Gage not living in the province could not be notified and was not present the desondants living about five miles from ports mouth the place where the Case is to be troyed befor Rovert Boyes Just Pea

The deposison of William Spier and John Spear of full age testifieth and saith that they were on bord of the ship moley in the Road ~ of portrush on the fourth day of august in the year 1746 and that Hugh Jameson and Robert Parkson were then on bord said ship and we were then waying the ankor on said day ~ to come for new England and then came a bolt along sid of us and three men in it one of the three they Called a officer and there was some money Collected abord for said Jameson to ~ pay a debt and that the said Jameson gave a nott to one ~ William Rodgers for mor money and that very day we sailed for new England and after the said bolt Came along sid nether said Jameson or Robert Parkeson was ashore John spear ~ saith that the money that was collected he belives was for ~ Hugh Jameson according to the best of his memorey and further say saith nott. William Spear John Spear Provience of new hampshire} february ye 18th 1754 then the aboved named William Spear and John Spear appearing and being Careffuly~ Examined made oath to the the truth of the above deposision by them signed the said dependonts tiving above tean mils~ from portsmouth the place where the case is to be troyed the advers party Robert Gage leiving out of the province Could not be nottified and was not present proven before Robert Boyes Jus Pea

The depositon of Elizabeth Woods of full age testifieth and saith that she was abourd of the ship or slup maly in the Road of portrush the fourth day of august in the year one thousand seven hundred and forty six and as the men was waying anker to come to new England there came three men on bord demanding thirty shillings from Hugh Jameson the poor man told them that he had nothing to pay them with and the passongers taking Compasison on the poor man Colected seventeen shillings to help to pay said Debt and the veshal coming ???tly off he was obliged to Compely with there demands and further saith that neither Hugh Jameson nor Robert Parkeson was after that day and further saith not. Elizabeth Woods Province of New Hampshire } Londonderry March of 4th 1754 then the above despondant Elizabeth Woods appearing and being carefully Caushoned made solem oath to the truth of the above deposison by himsigned the despondnt living above tean mills from Portmouth the place where the cass is to be troyed the advers party Robert Gage being out of the provience could not be notified and so was not present. proven befor Robert Boyes Justis

The deposion of Margaret Paul of full age testifiath and saith that on the fourth day of august 1746 she being on bord of the ship moly then in the Road of portrush about three miles from the shore in Ireland as the saliors was wayinf the ancor to Come to new England there Came three men on bord and asked for one Hugh Jeomeson whom they said was owing m Robert Gage thirty~ shillings said Jeomison said he had nothing to give them then they Collected among the passengers seventeen shillings and givs it to one of the three that called himself a offecer and afterwards they told him that they would take him ashore if he would comply with there demand and further saith said Hugh was not ashore after that till he came to new England and one of the three men told that they must make up thirty shillings for he had orders to take no less and further saith not Margaret Paul Province of newhampshire} march ye 8th 1754 then the above named margaret Paul appearing and being carefully causioned ~ made oath to the truth of the above deposision by ~ her signed the living above ten miles from ports mouth the place where the case is to be troyed the adverse party~ Robert Gage liveing out of the province Could not be notified and was not present proven before Robert Boyes J P

These documents are held in the New Hampshire State Archives in Concord, New Hampshire. Photocopies were made in 2008 by their staff and digitally scanned by John A. Jameson so as to be used here. The exact condition of these documents is not known, although the photocopies appear to indicate they varies from poor to excellent. They all seem intact and legible.