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 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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Transcription of the Contents of the 1st Document - Original Agreement
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
Transcription of the Contents of the 2nd Document - Summons and Complaint - Main Side
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
Transcription of the Contents of the 3rd Document - Summons and Complaint - Reverse Side
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
Transcription of the Contents of the 4th Document - Verdict
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.

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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 17
55
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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Transcription of the Contents of the 6th Document - Deposition of witnesses Margaret Paul & Isaac Brewster
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
Transcription of the Contents of the 7th Document - Deposition of witnesses William & John Spier
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
Transcription of the Contents of the 8th Document - Deposition of witness Elizabeth Woods
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
Transcription of the Contents of the 9th Document - Deposition of witness Margaret Paul
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.


Note: A special thanks to Nan Flickinger for her many hours of help with transcribing these old and difficult documents. JAJ
[1] Robert Parkinson was the husband of Hugh Jameson's niece Esther Woods, who was the daughter of Elizabeth Woods (Hugh Jameson's sister), all passengers on this sailing of the sloop Molly. It is not known why Robert Parkinson and Hugh Jameson were both bound by this promissory note for passage. It is possible they negotiated a special rate by doing so, or it is possible one was a cosigner and thereby a guarantor for the other. Given that this note was made on the very date of departure and given the circumstances of this suit (see above) it is quite possible that Robert Parkinson was included as the latter.
[2] Curiously, no mention of Parkinson is made in any of the witness depositions. It is possible that Parkinson's involvement in this agreement was as a cosigner for the purpose of guaranteeing payment.