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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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_00, APC, 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) |
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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) |
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) |
Library | Columbia University. Diamond Law Library: Treasure – Johnson 1770m and 2nd Fl Microfilm Cabinet – AA70 (Includes manuscript notes) |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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: |
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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. |
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 |
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). |
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