Appeals to the Privy Council

Report No. 11_1766_04

Freebody v Brenton

Brenton v Freebody

Rhode Island 

Case Name Short

Freebody v Brenton

Brenton v Freebody

Case Name Long

John, Thomas, and Samuel Freebody v Jahleel Brenton, Benjamin Wickham and George Gardiner

Jahleel Brenton, Benjamin Wickham and George Gardiner v John, Thomas and Samuel Freebody

 

Acts of the Privy Council, Colonial Series

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APC Citation 

v.5 [14] p.24 – 7 November 1766 – entry 1

 
PC Register Citation 

George III v.5 (August 1766 – January 1768) p.79: PC 2/112/79

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APC Citation 

v.5 [14] p.24 – 15 January 1768 – entry 2

 
PC Register Citation 

George III v.6 (January 1768 – April 1769) p.8–9, 244: PC 2/113/8–9, 244

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APC Citation 

v.5 [14] p.24 – 11 January 1769 – entry 3

 
PC Register Citation 

George III v.6 (January 1768 – April 1769) p.423, 424: PC 2/113/423, 424

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APC Citation 

v.5 [14] p.24 – 14 April 1769 – entry 4

 
PC Register Citation 

George III v.6 (January 1768 – April 1769) p.502–513, 538–539: PC 2/113/502–513, 538–539

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APC Citation 

v.5 [14] p.24–25 – 3 February 1772 – entry 5

 
PC Register Citation 

George III v.9 (January – December 1772) p.62: PC 2/116/62

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APC Citation 

v.5 [14] p.25 – 28 June 1772 – entry 6

 
PC Register Citation 

George III v.9 (January – December 1772) p.336–337: PC 2/116/336–337

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APC Citation 

v.5 [14] p.25 – 18 December 1773 – entry 7

 
PC Register Citation 

George III v.10 (January 1773 – April 1774) p.387: PC 2/117/387

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APC Citation 

v.5 [14] p.25 – 6 July 1774 – entry 8

 
PC Register Citation 

George III v.11 (May 1774 – May 1775) p.141–148, 170: PC 2/118/141–148, 170

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Colonial Courts

Supreme Court – September 1765 (order)

Superior Court – March 1771 (two decrees)

Participants

Brenton, Jahleel (executor of Joseph Whipple)

Freebody, John (executor and son of John Freebody)

Freebody, John of Newport (deceased father of John, Thomas, and Samuel Freebody)

Freebody, Samuel (executor and son of John Freebody)

Freebody, Thomas (executor and son of John Freebody)

Gardiner, George (executor of Joseph Whipple)

Whipple, Joseph, deceased

Wickham, Benjamin (executor of Joseph Whipple)

Description

Dispute about the date from which interest is to be calculated and the manner in which depreciated currency will be computed in the controversy set out in Freebody v Brenton (11_1758_00APC, v.4 [366] p.395)

Disposition

Order to Judges of Superior Court to comply with Orders in Council which, according to Bilder, Transatlantic Constitution, p.182, gave the Freebodys their interest with depreciation taken into account.

Notes

Related to other Privy Council appeals:

    Brenton v Sylvester – Report No. 11_1756_00 (APC, v.4 [297] p.323)

    Freebody v Brenton – Report No. 11_1758_00 (APC, v.4 [366] p.395–396)

The only record in the APC in Brenton v Sylvester notes an appearance of counsel for Sylvester, respondent in an appeal brought by Brenton, Wickham, and Gardiner. Brenton, Wickham, and Gardiner, as we learn in Freebody v Brenton, were commissioners for the distribution of the estate of the insolvent Joseph Whipple. The two Freebody v Brenton cases are closely related. They involve mortgages, in which the elder Freebody seems to have been the mortgagee, and a dispute about whether the conditions of the mortgages had been fulfilled. The first of the two cases is an appeal by the elder Freebody. The second of the two cases is a revival of the first appeal brought by the elder Freebody’s sons as executors of his estate. The relationship of these cases to Brenton v Sylvester may simply be that the commissioners for the distribution of the estate of the insolvent Joseph Whipple were involved in both, or it may be closer. The records that we have examined do not allow us to tell which it is.

A note at the end of the respondent’s printed case states: “There is another appeal and cross appeal depending between the same parties, upon another mortgage . . . and as the proceedings . . . and the questions the same . . . it was thought unnecessary to repeat the same matter in two different printed cases, as the determination of one cause will of course decide the other.”

References in Smith, Appeals to the Privy Council from the American Plantations

Table of Cases (Freebody v Brenton) (extensive discussion)


DOCUMENTATION

Printed Cases

Appellant’s
case

Case of the appellant in two appeals and as respondent in two cross-appeals (Freebody)

Counsel

[Signed] Wm. DeGrey; Rd. Jackson

 
Library

British Library: (Hardwicke Papers) Additional Manuscripts 36220 f.218–220 (Includes manuscript notes)

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Library

Columbia University. Diamond Law Library: Treasure – Johnson 1770m and 2nd Fl Microfilm Cabinet – AA70

Respondent’s
case

Case of the respondent in two appeals and as appellant in two cross-appeals (Brenton)

Counsel

[Signed] C. Yorke; C. Ambler

 
Library

British Library: (Hardwicke Papers) Additional Manuscripts 36220 f.221–223 (Includes manuscript notes)

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Library

Columbia University. Diamond Law Library: Treasure – Johnson 1770m and 2nd Fl Microfilm Cabinet – AA70 (Includes manuscript notes)

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Privy Council Documents in PC 1 at The National Archives at Kew

TNA Document Committee report (on first appeal) – July 1764 – PC 1/59/5/1 view_Document
Catalogued as

Catalogued by TNA as: Rhode Island: report of Board of Trade upon the revived appeal of Freebody v Brinton [sic], and others from Rhode Island

 
TNA Document Committee report (on second appeal) – 27 July 1764 – PC 1/50/52 view_Document
Notes about
Document
Referenced in APC, v.6 [618] p.371

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TNA Document Committee reports of two appeals of Freebody v Brenton with cross-appeals (First appeal) – 15 Mar. 1769 – PC 1/54/64C view_Document
Notes about
Document
Referenced in APC, v.6 [812] p.470

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TNA Document Committee reports of two appeals of Freebody v Brenton with cross-appeals (Second appeal) – 15 Mar. 1769 – PC 1/54/64C view_Document
Notes about
Document
Referenced in APC, v.6 [812] p.470

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TNA Document Letter from Freebodys – 22 July 1771 – PC 1/55/67 view_Document
Notes about
Document
Referenced in APC, v.6 [871] p.505–507

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TNA Document Sworn declaration of Freebodys – 29 July 1771 – PC 1/55/67 view_Document
Notes about
Document
Referenced in APC, v.6 [871] p.505–507

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TNA Document Letter from J. Pownall to Clerk – 22 Nov. 1771 – PC 1/55/67 view_Document
Notes about
Document
Referenced in APC, v.6 [871] p.505–507

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TNA Document Petition of the Freebody’s solicitors – rec’d 3 Feb. 1772 – PC 1/55/69A view_Document
Notes about
Document
Referenced in APC, v.6 [876] p.507

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TNA Document Substance of the proceedings – no date – PC 1/55/69A view_Document
Notes about
Document
Referenced in APC, v.6 [876] p.507

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TNA Document Order of reference – 3 Feb. 1772 – PC 1/55/69A view_Document
Notes about
Document
Referenced in APC, v.6 [876] p.507

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TNA Document Order to the three judges to answer – 26 June 1772 – PC 1/60/10 view_Document
Notes about
Document
Many related documents are included in the bundle for PC 1/60/10, but only two are specifically catalogued, the two that have catalogue entries listed below:

 

TNA Document Copy of Freebody’s petition rec’d 3 February 1772 annexed to the 26 June order – no date – PC 1/60/10 view_Document
TNA Document Answer of James Helme – 2 Dec. 1772 – PC 1/60/10 view_Document
TNA Document Answer of James Helme (copy) – 2 Dec. 1772 – PC 1/60/10 view_Document
TNA Document Answer of Metcalf Bowler – 9 Dec. 1772 – PC 1/60/10 view_Document
TNA Document Answer of Metcalf Bowler (copy) – 9 Dec. 1772 – PC 1/60/10 view_Document
TNA Document Answer of three of the judges of the Superior Court of Judicature to the petition of the Freebodys – rec’d 12 March 1773 – PC 1/60/10 view_Document
Catalogued as

Rhode Island: answer of three of the judges of the Superior Court of Judicature of Rhode Island to the petition of complaint of John, Thomas and Samuel Freebody. Date: 1772 June; 1773 Feb.

 
Notes about
Document
For an explanation of the answers of various judges see APC, v.6 [871] p.505–507.

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TNA Document Affidavits – 12 Dec. 1772 – PC 1/60/10 view_Document
TNA Document Sketch of report on Freebody’s petition re the enforcement of the Order in Council – 20 June 1774 – PC 1/56/74A view_Document
Notes about
Document
Referenced in APC, v.6 [928] p.555

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TNA Document Report on petition of the Freebodys for enforcing Order of 14 April 1769 – 20 June 1774 – PC 1/60/10 view_Document
Catalogued as

Rhode Island: committee report on petition of John, Thomas and Samuel Freebody for enforcing the Orders in Council of 14 Apr 1769 made on their appeals from Rhode Island; 6 July read and approved and peremptory Order in Council issued. Date: 1774 June 20

 
TNA Document Peremptory Order in Council – 6 July 1774 – PC 1/60/10 view_Document

 

Other Documents

Other Documents

Instructions to the Committee of the Privy Council to hear the appeals of Freebody and Brenton can be found at the British Library in Additional Manuscripts 15489 f.33 (March 13, 1766). Orders in Council regarding the appeals follow at f.34–43 (April and July 1769).