Robert Treat Paine Papers, Volume 2

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From Robert Auchmuty

Auchmuty, Robert RTP

Boston March the 15th 1765 Sr.,

The Bearer hereof Mr. Bentley has been most cruelly used by one Howard. On Application to me I find his Remedy must be had out of this County as neither party live in Suffolk. He is a Stranger & very much injured I therefore have recommended you to him as I know you would be willing if not prior Engaged to serve him. ~~The affair I must~~ He will inform you of the particulars & I hope if what he says is true the said Howard by your good conduct will suffer adequate to his offence.1I am Yr. hum. Servant

ROBT. AUCHMUTY

RC ; addressed: "To Robert Treat Paine Esqr. at Taunton"; endorsed.

Robert Bentley of Dartmouth, merchant, sued Edward Hayward and Edward Hayward, Jr., Esqs., and Adam Baily, yeoman, all of Bridgewater, on the charge that they "with force and arm's made an assault on the body of the said Robert and beat wounded and Evely Intreated and Imprisoned and him in prison then and there detained for the space of Twenty hours and until he had paid them the sum of eight pounds for his release." The case was brought before the Bristol County Court of Common Pleas, May term 1765, but was submitted to three referees, Josiah Edson, Benjamin Akin, and Hugh Orr. At the next session of the court (June 1756) another set of referees (Edward Winslow, Nathaniel Searles, and Capt. John Stearns) was substituted. However, when the case was326brought back to the May 1766 term it was defaulted by non appearance of any of the litigants or their attorneys (Record Book, Bristol County Court of Common Pleas).

RTP noted receipt of 6 shillings from "Robt. Bentley R Fee" on Apr. 9, 1765, £1.16 on May 7, and a further 12s.8d. as a fee from Bentley on Sept. 20, but recorded nothing further concerning this case (RTP Cash Book).

From Samuel Fitch

Fitch, Samuel RTP

Boston March 28th 1765 Dr. Sir,

Capt. Cobb hath at last put his affair with us upon the footing as youll See by the Deeds. He has given Two Deeds of Mortgage of all his Esta. at Attleborough & the 100 acres at Taunton.1 I shd. be greatly obliged to you to se the Deeds duly Executed & the Bonds: I have left Blanks in all four day of the Month, which you will Se fill'd up, & make them agree one with the other. They shd. all be of the same Date: & shd. Choose you wd. be a witness also to the Executing the Deeds & bonds: & upon their being returned to me will deliver Capt Cobb the other Bond & Acct. Discharged. Shd. also be Obliged to you to Inform me if the Description of the Attlebo. Este. is right & to Examine the Records & Se if all is Clear of Incumbrance both that at Attlebo. & Taunton & send a Certificate thereof from the Register. It is Agreed that the Deeds shall both go upon Record, but with the Secrecy we talk'd of which I must get you to manage with the Register taking Care however that all is authentick. I shd. Choose that the Register shd. receive the Deeds & Note them for Record & allso Certify upon the back of each that they are Recorded, ~~which~~ & the page & Book wherein, which he may do without Entring them at length imediately. Thus let him take Copies of the Deeds Compared by himself & begin the Record as far as till he comes to the Names, then stop but leave Blank pages Sufficient to Contain them, which he Can fill up at any Time from the Copies by him, & return me the originals by Cobb certified as above; but if he Scruples this, then let him only note them on the back as recd. for Record, & ask a Day & give a Rect. for them as thus recd. which please to Send me by Capt. Cobb. I need say no more you to my Intent. I am Sr. Your humble Servt.

SAML. FITCH

RC ; addressed: "To Robt. Treat Pain Esqr. In Taunton"; endorsed.

327 1.

Both properties were included in a single mortgage with Charles Ward Apthorp of New York City for £2456.5.10 and encompassed 100 acres in Taunton plus his 200-acre estate in Attleborough "Together with the Dwelling house where in I now Live with the out Kitchen Shop and out houses Thereto belonging and another Dwelling house for workmen; with an Iron works and forge with Three fires with all the Tools & Utensills Thereto belonging also a Cow House Pigg house a macchine for waighing with scats & weights a Barn chaise house and all other Buildings on sd. premises and also the Stream on which said Iron works stand with the pond and the Previlidge of Raisering and flowing of the same which I now have or ought to have." The deed was signed March 30, 1765, with RTP as a witness and with a discharge date of Aug. 1, 1767 (Bristol Co. Deeds 47:348).

No discharge for this mortgage is recorded, although Cobb in the Bristol Inferior Court of March 1777 received a judgment against Apthorp for £768.12.6, plus costs for debt (Bristol Co. Deeds 57:191).