Search This Blog

Friday, March 4, 2016

Teammates,

For Increment 8, I'll include two documents, which are nearly identical, except for one detail which might be a key piece to untangling this mystery.  Both documents are Middlesex Court writs from 1761, sequential in order, the first calling for the detention of Samuel Bonnell, Junior and the second calling for the detention of Samuel Bonnell, Senior for what is clearly the same debt (31 pounds, 4 shillings to Thomas Watson).  These list their residence as "near Penn's Neck" and again are being prosecuted by attorney Richard Stockton, who was later a signatory to the Declaration of Independence. 

The difference between the two has to do with the Sheriff's notes on the outside of the writ.  

For Samuel Bonnell, Junior, the Sheriff's report is "Non Est,"  which, according to dictionary.com means "the returning of a sheriff's writ when the person to be arrested or served with it cannot be found in the sheriff's jurisdiction."  

For Samuel Bonnell, Senior, on the other hand, the Sheriff's report is "Cepi Corpus" which is defined as "the return which the sheriff, or other proper officer, makes when he has arrested a defendant by virtue of a capias."  Now that I understand this, we can review the cases we have seen so far:

Jacob Wright -     1761 (v. Brown Estate) - Cepi Corpus
        July 1766 (v. Richard Brown) - Non Est

Samuel Bonnell, Sr. - 1761 (v. Watson) Cepi Corpus

Samuel Bonnell, Jr. - 1761 (v. Watson) Non Est

Samuel Bonnell (undefined) -     January 1749 (v. Kearny) Non Est Inventus [same definition as Non Est]
                April 1762 (v. Brown estate) Cepi Corpus in Custy
                October 1762 (v. Brown estate) Cepi Corpus in Custy 
                October 1764 (v. Reed & Pettit) - Cepi Corpus in Custodia

I will continue to populate this list as we add more cases.  In some instances, it is probably just coincidental that the sheriff couldn't find someone (1749, perhaps).  But, it can also give us some theories to guide our search for more data points.  For Jacob Wright, I think his absence in 1766 might indicate he was already on the road to Virginia, potentially with all the possessions he could carry on his back, thus the reason the Sheriff could only sell five pounds worth of goods.  For the Bonnells in 1761, you would think that Samuel, Sr. knew where his son was, but it looks like he took the wrap.  For the 1762-1764 timeframe, was one of the Samuel in good standing (juror and constable) while the other one was being detained for debt?  Or was there only Samuel, Sr. left in Middlesex to account for all of this activity, with Samuel Jr. running away from debt in 1761?

There is not yet enough information to answer any of these questions, but we are now smart enough to at least pose them.

John Bunnell   

__________________________________________________________________________________

Transcription of Middlesex Court Case #1324 (1761):  Watson, Thomas, v. Bonnell, Samuel, Jr. 
Middlesex Common Pleas
Thomas Watson } Cas’e 
V } Debt
Samuel Bonnell Jun } £31.4
Stockton Atty

Ret. To Aprill Term 1761
Non est
Sam’el Throckmorton Shf.

Defend’t lives near Penn’s Neck

Middlesex County.  fs. George the third by the grace of God of Great Britain, France & Ireland King Defender of the Faith &c  To our Sheriff of our County of Middlesex – Greeting We command you that you take Samuel Bonnell otherwise called Samuel Bonnell Jun. of Winsor in the County of Middlesex & province of New Jersey Blacksmith if he may be found within your Bailwick and him safely keep so that you may have his Body before the Judges of our Inferior Court of Common Pleas at Perth Amboy in & for our s’d County of Middlesex on the third Tuesday in Aprill ~ next to answer unto Thomas Watson of a Plea that he render unto him Thirty one Pounds four Shillings current Money of New Jersey which to him he owes and from him unjustly detains (as is said) And have you then there this Writ  Witness James Hude Esq’r Judge of our s’d Court at Perth Amboy af’d the Twenty first Day of January in the First Year of our Reign ~

Stockton Att’y
Transcription of Middlesex Court Case #1324 (1761):  Watson, Thomas, v. Bonnell, Samuel, Jr. 

Middlesex Common Pleas
Thomas Watson } Cas’e 
V } Debt
Samuel Bonnell Jun } £31.4
Stockton Atty

Ret. To Aprill Term 1761
Non est
Sam’el Throckmorton Shf.

Defend’t lives near Penn’s Neck

Middlesex County.  fs. George the third by the grace of God of Great Britain, France & Ireland King Defender of the Faith &c  To our Sheriff of our County of Middlesex – Greeting We command you that you take Samuel Bonnell otherwise called Samuel Bonnell Jun. of Winsor in the County of Middlesex & province of New Jersey Blacksmith if he may be found within your Bailwick and him safely keep so that you may have his Body before the Judges of our Inferior Court of Common Pleas at Perth Amboy in & for our s’d County of Middlesex on the third Tuesday in Aprill ~ next to answer unto Thomas Watson of a Plea that he render unto him Thirty one Pounds four Shillings current Money of New Jersey which to him he owes and from him unjustly detains (as is said) And have you then there this Writ  Witness James Hude Esq’r Judge of our s’d Court at Perth Amboy af’d the Twenty first Day of January in the First Year of our Reign ~

Stockton Att’y




_________________________________________________________________________________
Transcription of Middlesex Court Case #1325 (1761):  Watson, Thomas, v. Bonnell, Samuel, Sr. 

Middlesex Common Pleas
Thomas Watson } Cas’e 
V } Debt
Samuel Bonnell Sen } £31.4
Stockton Atty

Ret. To Aprill Term 1761
Cepi Corpus
Sam’el Throckmorton Shf.
Mileage 6/8

Def’t lives near Penn Neck

Middlesex fs. George the third by the grace of God of Great Britain, France & Ireland King Defender of the Faith &c  To our Sheriff of our County of Middlesex Greeting We command you that you take Samuel Bonnell otherwise called Samuel Bonnell sen of Winsor in the County of Middlesex & Province of New Jersey Blacksmith if he may be found within your Bailwick and him safely keep so that you may have his Body before the Judges of our Inferior Court of Common Pleas at Perth Amboy on the third Tuesday in Aprill next to answer unto Thomas Watson of a Plea that he render unto him Thirty one Pounds four Shillings current lawful Money of New Jersey which to him he owes and from him unjustly detains (as is said) And have you then there this Writ  Witness James Hude Esq’r Judge of our s’d Court at Perth Amboy af’d the Twenty first Day of January in the First Year of our Reign ~
Stockton Att’y Smyth Clk



No comments:

Post a Comment