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Judgment Book Of Superior Court, Vol. D, May 1760 - Nov. 1763, At 256, New Hampshire State Archives - King V. Claggett Sep 1762

Judgment Book Of Superior Court, Vol. D, May 1760 - Nov. 1763, At 256, New Hampshire State Archives - King V. Claggett

Documents from Making Habeas Work: A Legal History (monograph)

Wyseman Claggett, a New Hampshire Justice of the Peace, was indicted on a charge that he had on December 3, 1761 signed a mittimus bearing the date of November 3, 1761 against one James Dwyer of Portsmouth, resulting in Dwyer’s imprisonment for twenty hours ....


Judgment Book Of Superior Court, Vol. D, May 1760 - Nov. 1763, At 257, New Hampshire State Archives; Minutes Of Superior Court, Box 2, Folder Nov. 1761 - May 1763 - Wyseman Claggett Sep 1762

Judgment Book Of Superior Court, Vol. D, May 1760 - Nov. 1763, At 257, New Hampshire State Archives; Minutes Of Superior Court, Box 2, Folder Nov. 1761 - May 1763 - Wyseman Claggett

Documents from Making Habeas Work: A Legal History (monograph)

Claggett demurred to the indictment and it was quashed by the court, putting an end to the criminal case.


Minutes Of Superior Court, Box 2, Folder Nov. 1761 - May 1763 - Quash Indictment Of Wyseman Claggett Sep 1762

Minutes Of Superior Court, Box 2, Folder Nov. 1761 - May 1763 - Quash Indictment Of Wyseman Claggett

Documents from Making Habeas Work: A Legal History (monograph)

Claggett demurred to the indictment and it was quashed by the court, putting an end to the criminal case.


Provincial Case File No. 23475, New Hampshire State Archives - Indictment Of Wyseman Claggett Jun 1762

Provincial Case File No. 23475, New Hampshire State Archives - Indictment Of Wyseman Claggett

Documents from Making Habeas Work: A Legal History (monograph)

Wyseman Claggett, a New Hampshire Justice of the Peace, was indicted on a charge that he had on December 3, 1761 signed a mittimus bearing the date of November 3, 1761 against one James Dwyer of Portsmouth, resulting in Dwyer’s imprisonment for twenty hours ....


Provincial Case File No. 23536, New Hampshire State Archives - Dwyer V. Claggett May 1762

Provincial Case File No. 23536, New Hampshire State Archives - Dwyer V. Claggett

Documents from Making Habeas Work: A Legal History (monograph)

Dwyer subsequently brought a false imprisonment action against Claggett and Fitzgerald, claiming £1,000 damages for ten days of imprisonment.


Judgment Book Of Superior Court, Vol. B, Sept. 1750–Mar. 1754, At 87–88, New Hampshire State Archives - Appeal Of Vincent And Lois Tarr Feb 1751

Judgment Book Of Superior Court, Vol. B, Sept. 1750–Mar. 1754, At 87–88, New Hampshire State Archives - Appeal Of Vincent And Lois Tarr

Documents from Making Habeas Work: A Legal History (monograph)

She [Phebe Nung] brought an action of replevin against her alleged owners, Vincent and Lois Tarr, to test who had the superior right to possession of herself, the subject of the action. The Sheriff promptly seized her pendente lite--that is, he took an appearance bond from Nung--and the case was tried to a jury. It found in her favor and the same result was reached on appeal, with the court ruling that she was “a free woman and that she enjoy her freedom.


Provincial Case File No. 22138, New Hampshire State Archives - Petition Of Phebe Nung Nov 1750

Provincial Case File No. 22138, New Hampshire State Archives - Petition Of Phebe Nung

Documents from Making Habeas Work: A Legal History (monograph)

She [Phebe Nung] brought an action of replevin against her alleged owners, Vincent and Lois Tarr, to test who had the superior right to possession of herself, the subject of the action. The Sheriff promptly seized her pendente lite--that is, he took an appearance bond from Nung--and the case was tried to a jury. It found in her favor and the same result was reached on appeal, with the court ruling that she was “a free woman and that she enjoy her freedom.


Judgment Book Of Superior Court, Vol. B, Sept. 1750 - Mar. 1754, At 260, New Hampshire State Archives - Bagley V. Elliot Mar 1750

Judgment Book Of Superior Court, Vol. B, Sept. 1750 - Mar. 1754, At 260, New Hampshire State Archives - Bagley V. Elliot

Documents from Making Habeas Work: A Legal History (monograph)

… “that the King has not by law a power to make a second charter with addition of persons and estates for a town which has one in full force at the time of making the second so as bind the town thereby without their consent."


Judgment Book Of Superior Court, Vol. A, Aug. 1744--[June 1750], At 463-64, New Hampshire State Archives - Ruling For Elizabeth Bird Sep 1749

Judgment Book Of Superior Court, Vol. A, Aug. 1744--[June 1750], At 463-64, New Hampshire State Archives - Ruling For Elizabeth Bird

Documents from Making Habeas Work: A Legal History (monograph)

An abused apprentice, she [Elizabeth Bird, the mother]prayed simply for “the advisement of this Court on the Premises and that your complainant may have some relief in the Premises.


Judgment Book Of Superior Court, Vol. A, Aug. 1744--[June 1750], At 341-42, New Hampshire State Archives - Bird Order Sep 1749

Judgment Book Of Superior Court, Vol. A, Aug. 1744--[June 1750], At 341-42, New Hampshire State Archives - Bird Order

Documents from Making Habeas Work: A Legal History (monograph)

The court responded by issuing a writ of habeas corpus to have Winter brought before it, which was done the same day. It reviewed the indenture he produced, and there being “nothing made to appear that the said servant had ever been provided for as in said indenture mentioned and the particular facts complained of appearing to be true” ... the court concluded that Winter was not entitled to retain John’s custody, which was returned to his mother.


Provincial Case File No. 23254, New Hampshire State Archives - Petition Of Elizabeth Bird Aug 1749

Provincial Case File No. 23254, New Hampshire State Archives - Petition Of Elizabeth Bird

Documents from Making Habeas Work: A Legal History (monograph)

In the fall of 1749, the widow Elizabeth Bird of Portsmouth, New Hampshire complained in forma pauperis to the Superior Court that her son John Bird, age fourteen, was apprenticed to a ropemaker named Richard Winter but that the latter (who was in prison) had for a long period neglected John--failing “to provide suitable and sufficient meat drink lodging and clothing” and not permitting him to attend public worship. She prayed simply for “the advisement of this Court on the Premises and that your complainant may have some relief in the Premises.


Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson's Mittimus Aug 1748

Provincial Case File No. 22344, New Hampshire State Archives - Peter Johnson's Mittimus

Documents from Making Habeas Work: A Legal History (monograph)

In New Hampshire, as elsewhere, suits by alleged slaves claiming freedom were common, and they could be brought in many legal forms. One possibility was to petition for a writ of habeas corpus and thereby commence ordinary proceedings under that writ. That is what Peter Johnson of Portsmouth, New Hampshire did in the summer of 1748 in claiming that he had been wrongfully “imprisoned for refusing to serve as a slave


Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives - Judgment Of Andrew Downer Feb 1745

Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives - Judgment Of Andrew Downer

Documents from Making Habeas Work: A Legal History (monograph)

Andrew Downer, was being detained in prison for a debt of less than 10 pounds, in violation of an Act of Parliament, and requesting no more than that “Your Worships would put the Act of Parliament in force by releasing and setting the said Andrew Downer at liberty, that his Majesty’s Service may not suffer thereby.


Provincial Case File No. 21242, New Hampshire State Archives - Petition Of Andrew Downer Feb 1745

Provincial Case File No. 21242, New Hampshire State Archives - Petition Of Andrew Downer

Documents from Making Habeas Work: A Legal History (monograph)

Andrew Downer, was being detained in prison for a debt of less than 10 pounds, in violation of an Act of Parliament, and requesting no more than that “Your Worships would put the Act of Parliament in force by releasing and setting the said Andrew Downer at liberty, that his Majesty’s Service may not suffer thereby.


Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives (Entry No. 24 For Feb. 5, 1744) - Appeals Entry Feb 1744

Superior Court Minutes, 1699–1750, Superior Court Docket Box 1, Folder 1744–45, New Hampshire State Archives (Entry No. 24 For Feb. 5, 1744) - Appeals Entry

Documents from Making Habeas Work: A Legal History (monograph)

... when in the spring of 1744 the judges of the New Hampshire Superior Court were divided on appeal in a legally tangled case arising out of a bitter religious dispute, they adjourned so that counsel could “[s]tate the case and apply for advisement to the neighbouring lawyers on the Case.” When that consultation failed to occur, the judges considered, but apparently could not decide, whether to allow a further adjournment on the basis that there was a Superior Court session to be held at York “in June next when they might have opportunity of conversing with some of the …


Executive Council Records, Box 5, Folder - Council Minutes, 1690-1769, New Hampshire State Archives - George Walton Summons And Deposition Jul 1725

Executive Council Records, Box 5, Folder - Council Minutes, 1690-1769, New Hampshire State Archives - George Walton Summons And Deposition

Documents from Making Habeas Work: A Legal History (monograph)

In July 1725 George Walton of Portsmouth, New Hampshire was called before the Council to answer charges brought by Captain George Walker of “refusing as ferryman to transport troops and horses from Dover to Newington for his Majesty’s service,” …


Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 12, 1714 Aug 1714

Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 12, 1714

Documents from Making Habeas Work: A Legal History (monograph)

In 1714, Charles Banfild was an appointed constable for the town of Portsmouth, New Hampshire. One of his duties was to collect taxes from the townspeople and remit them to the Selectmen. ... As he explained to the New Hampshire Superior Court in mid-August of that year, he used his best endeavours to collect but the “people would not pay.” And as fast as he hauled the delinquents before the local Justices of the Peace (“J.P.s”) for non-payment, just as fast did the J.P.s discharge them. This process was interrupted only by his own imprisonment for nonpayment of the taxes …


Superior Court Minutes, 1699-1750, Superior Court Docket Box 1, Folder 1710-1719, New Hampshire State Archives - Confirms Judgment Of Charles Banfild Aug 1714

Superior Court Minutes, 1699-1750, Superior Court Docket Box 1, Folder 1710-1719, New Hampshire State Archives - Confirms Judgment Of Charles Banfild

Documents from Making Habeas Work: A Legal History (monograph)

… and the parties worked out an arrangement for Banfild’s prompt release. Banfild and a guarantor would enter into a penal bond obligating themselves to pay twice the amount due unless within five weeks Banfild paid to the Selectmen the taxes they claimed, less the amounts owed by taxpayers whose obligations the J.P.s had forgiven.


Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 10, 1714 Aug 1714

Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, August 10, 1714

Documents from Making Habeas Work: A Legal History (monograph)

In 1714, Charles Banfild was an appointed constable for the town of Portsmouth, New Hampshire. One of his duties was to collect taxes from the townspeople and remit them to the Selectmen. ... As he explained to the New Hampshire Superior Court in mid-August of that year, he used his best endeavours to collect but the “people would not pay.” And as fast as he hauled the delinquents before the local Justices of the Peace (“J.P.s”) for non-payment, just as fast did the J.P.s discharge them. This process was interrupted only by his own imprisonment for nonpayment of the taxes …


Journal Of The House Of Representatives, July 24, 1714. Jul 1714

Journal Of The House Of Representatives, July 24, 1714.

Documents from Making Habeas Work: A Legal History (monograph)

The underlying dispute between rival slates of officeholders was resolved over the summer by the provincial House of Representatives.


Superior Court Docket Book, 1699–1738, At 86, New Hampshire State Archives (Spelling In Original).- Judgment Of Charles Banfild Feb 1714

Superior Court Docket Book, 1699–1738, At 86, New Hampshire State Archives (Spelling In Original).- Judgment Of Charles Banfild

Documents from Making Habeas Work: A Legal History (monograph)

When the Court considered the matter on August 11, 1714, it ordered Banfild to be brought before it, “which order the Sheriff refused to obay.” Irritated, the Court told the Sherriff to have before it the next day not only Banfild “in safe custody,” but also the Justices of the Peace who had committed him to prison, and the Selectmen complained of.


Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, Undated Dec 1713

Provincial Case File No. 17944, New Hampshire State Archives - Petition Of Charles Banfild, Undated

Documents from Making Habeas Work: A Legal History (monograph)

In 1714, Charles Banfild was an appointed constable for the town of Portsmouth, New Hampshire. One of his duties was to collect taxes from the townspeople and remit them to the Selectmen. ... As he explained to the New Hampshire Superior Court in mid-August of that year, he used his best endeavours to collect but the “people would not pay.” And as fast as he hauled the delinquents before the local Justices of the Peace (“J.P.s”) for non-payment, just as fast did the J.P.s discharge them. This process was interrupted only by his own imprisonment for nonpayment of the taxes …


An Act To Compell Constables To Doe Their Duties In Collecting Rates, Passed March 9, 1692–93. Dec 1691

An Act To Compell Constables To Doe Their Duties In Collecting Rates, Passed March 9, 1692–93.

Documents from Making Habeas Work: A Legal History (monograph)

The underlying dispute between rival slates of officeholders was resolved over the summer by the provincial House of Representatives.