May. 380 The reason for this declination was presumably the friendship of 
Cushing and Fletcher. 391 On November 14 the court ordered the Order in 
Council recorded, the security mentioned therein delivered up, and that execution 
issue against Fletcher for _£2,0i8/-/io lawful money with interest to 
date, amounting in all to lawful money. 392 Execution accordingly 
issued on November 19, but in February, 1755, the sheriffs of both 
Suffolk and Middlesex returned the writ in no part satisfied. 393 
Vassall then obtained writs of scire facias against Edmund Quincy and John 
Tudor, who with respondent had given recognizances for £6,000 lawful 
money conditioned upon payment of and all such further costs 
and damages as should be awarded in case of reversal. 394 Since Cushing still 
refused to sit in the matter, 395 upon petition Shirley, on February 21, again 
commissioned Hutchinson to sit in place of Cushing upon the two writs. 396 
In the same month the court, with Hutchinson sitting, heard both parties 
upon pleas in abatement filed and ordered the writs of scire facias quashed, 
with costs to defendants. Immediately after entering up these judgments, 
counsel Gridley moved the court for appeals to the King in Council, which 
the court did not allow. 397 Vassall then turned to an action of debt in the 
Inferior Court of Common Pleas against Tudor on the appeal bond, recovering 
judgment for lawful money, the sum after the bond had 
been chancered. Upon appeal, judgment was given for lawful 
money, plus costs. Respondent admitted that satisfaction of this 
judgment would be satisfaction of the sum for which execution was awarded 
on November 14, 1754. 398 No constitutional principles were involved in this 
instance, but the episode serves to illustrate the pitfalls besetting the path of 
a litigant enforcing an Order in Council. Later, some doubt was expressed by 
Governor Hutchinson whether the Order in Council in Jeffries v. Donnell 
would be enforced, since it was a real action. 399 No mention of any attempted 
390 Suffolk County Court Files, #73,510(2). 
391 See Fletcher to Cushing, May 1, 1752, in 
which the recipient is asked to aid in taking 
evidence for use against Vassall (William 
Cushing MSS, 1664-1780 [Mass. Hist. Soc.]); 
Fletcher to Cushing, August, 1758, in which 
the writer laments the conduct of his surety on 
the appeal (ibid.). 
392 MS Mass. Sup. Ct. Jud. Minute Book 
(Suffolk), '754-56, p. 8; Suffolk County Court 
Files, #73,510(1). 
393 Suffolk County Court Files, #75,3200. 
394 44 MS Mass. Archives (Judicial, 1754-74), 
153-55- 
395 Ibid. 
396 Suffolk County Court Files, $74,041. 
397 MS Mass. Sup. Ct. Jud. Judgment Book, 
23; MS Mass. Sup. Ct. Jud. Minute 
Book (Suffolk), 1754-56, p- 33- 
398 MS Mass. Sup. Ct. Jud. Judgment Bool;, 
1755-56, 207-8. In 1765 Otis wrote that "it 
is common for a merchant here to recover a 
thousand or two cool guineas for defaming his 
character and soon after to break or run away. 
This was the case of one Fletcher here some 
years since" (43 Mass. Hist. Soc. Proc, 206). 
399 27 MS Mass. Archives (Hutchinson Letters, 
1770-74), 229. For discussion of this cause, 
see supra, p. 165.