Re: The financial embarrassments of Mr. John Gifford (1670s-1680s)

And, last, an abbreviated selection of the New York records concerning
Ezekiel Fogg, from Peter R. Christoph and Florence A. Christoph, eds.,
_The Andros Papers_, 3 vols. (Syracuse University Press, 1989), vol. 1
(1674-1676): 385; vol. 2 (1674-1678): 4-7, 84-85, 101-02, 113-18:

[COURT MINUTES CONCERNING A JUDGMENT BEING APPEALED BY JOHN RYDER]

Ezekiell Fogg } SS decl. Letter of Attourney bond all Read the
against } deft. ownes his hand and seale to the same.
John Ryder }
Plea Read that he never entred into any such Condition as in the
decl. mencioned Court give Liberty to the plt. to mend his decl. and
give the plt. Judgment for 62£ and interest since itt was due by the
Condicion of the said bond.
The deft. move for an appeale to the generall Court of Assizes Court
grants the same performinge such things the Law Requires.
Compared per me
S. Leete. cler
[ENDORSED:] Att a Court
the 13th of June
1676.
Ezekiell Fogg
against
John Ryder.

* * * * * * *

[PETITION OF EZEKIEL FOGG APPEALING A JUDGMENT]
To the Right Honorable Edmo. Andross
Esquire Governor in Cheife of all his }
Royall highnesses Teritoryes in }
America// Togeather with his }
Honorable Counsell: And Genarall As- }
sembly: now Sitting in the high Court }
of Justis and Chansery in the City of New Yoarke

The Petition of Ezekiell Fogg: a Close Prisonor//
Humbly: Sheweth: // Viztt//

That whareas your Suplycant had a Complaint read and heard befo[ ]
your honors yesterday: whare uppon your Honnors at that tyme sow
Reason to confirme A Formar: Judgment against your Petitinor the which
hath Given his Adversary: Advantage to shew there, Regorus proseedings
against him: by Confineing your Suplycant a Close Prisonor in the
Common Geole for felons: with A mad man: Never the Less: Your
Suplycant Knowse: there is mercie, with God although finds none with
Sum men: with Grace your Petitinor hath Good Ground to hope and
beleeve: God hatgh Given to your honors And upon Just occation: will
Evedence the Same by Sympothizeing with your opressed: So as to vouch
safe Imediate Releese: according as the nature of the thing and matter
may Require: etc: And therefore with Submission to your Honors your
Suplycant Humbly Craves your honors Serious: perusall and
Consideration: of these few following Queries// vizt

Imprimis That Whareas your Suplycants: Attorny: quoted Knowne Laws of
England before your honors that no person ought to be liable to Any
acction whare ther is a Judgment for the Same in force, (if your
petitinor mistakes not) which was your Suplycants Case proved: the
Query then is weather that Law be cognizable before your honnors in
your Petitinors Case or nott: but if the merit of your Petitinors Case
Lays more in Equitye then in common Law: then

2 = Secondly as theis Honorable Court is a Court of Equity as well as
Justis: and nothing is more Satisfactory to an injenewous mind: to
occasio. Contentment under Sufferings then to be satisfied in him
selfe in the Justnes and Equitablenes of proseeding against him: and
therefore with submission is bold to Request your honors Solution: of
the Equitableness of the following Queries: if it may not be Counted:
presumtion by your suplycant as weather it bee a thing Equitable for a
person to have a judgment against his Estate in one Collony whare he
is well knowne and his Estate and Effects are Responding and yet his
person Kept a close prisonor: and hath not Effects to Answare: and all
for one and the same debt: is that which is Queriable://

3 Weather it be a thing Equitable that Bills of Exo. in full
Satisfaction of a Judgment or debt be Kept to make good the same: And
never the Less: not only a judgment in force in one Colony against the
partyes Estate but the party himselfe Kept Close in a nother Colony:
which is no Less then three Securityes for all one and the Same debt:
which is the truth of your petitinors Case and therefore the
Equitablenes thereof is Queriable;

4 Whare a person that is a stranger: and hath not Securitye but yet
is willing to goe to the place from whence was the 1st Cause of action
or Judgment and whare his Effects is also to Answore the same and
espeatialy when his one [own] intrest bespeakes his deputching [?
deputing] thether more then other nesesaryes forceing the Query then
is in such a Case wether his one bond and ingagement is not
soffitiently Equitable and not his to Lye in prison to his uter
undoeing and Ruen is queriable.

5 When a stranger is then oppressed and kept a Close prisoner Lockt
up with a mad man: (in a place more fit for Felons then sober
Christians:) And that without any provition either of his one or from
his Adversary: for either: Lodging Charg or food to sustayne nature
sutable for such a prisonor that never was aquanted with hardships And
yet is willing to make ove[r] all the Effects he hath in the said
Collony: towards satisfaction of the said Judgment the Query then is
weather such a one may not Crave and obtayne the benefit of the act of
parlement that Ef Can sware they are not worth 5£ more then they are
wiling to assigne over to there Adversary shall not be detayned in
dareine beset (?) in Newengland is such Care taken that if the
Adversary denyes to make provition and suply his presonor with
nesesaryes dayly: that then the Keeper hath powre to set such at
liberty: not this p[ ] your Suplycant Adversary hath denyed but
on the Contrary saith and demanded that being kept without vituels he
would live the shorter tyme and his Imprisonment wold b[ ] the
shorter: the Question then is wether your Suplycant may not Creve the
benefit of the act of parlement: or Newenglands liberty the
sercomstance [ ]nsidered is queriable

6. Thus may it please your honors your suplycant with submition shall
[ ]eelare what tenders he had made to his Adversaryes: and them also
Leave to your honor weather they have ben Equitable or not as first
provided they would [ ]ke good your honors ordor which was if the
mistake not that sofitient security shold be given that your petitonor
shold be indemnified fro. the Judgment of the Cou[ ] in boston and
also all damages made good to your pettttitionor that he hath or shall
sustayne for want of his bills of Exo. Retorned which lying is Denyed
them: the which if they would performe then your suplycant tenders to
Assigne over a Judgment he obtayned last mayrs Court against the
Estate of Sam. moor Deceased for 126£ and give them a bond to make
good to them the Remonder of the Judgment in 3 months which is all the
Effects, your petitionor hath [ ] this Collony and more then a man
hath Cannot be Expected and Secondly your petitionor hath also
tendered sence he Canot Commit security that he shal[ ] for
Newengland whare his one intrest Leads him to be without nesesity of
others to force him: that he would given in bond to be a free
prosoner [ ]ardy till Cold get in a little effects of 30 or 40£ due to
him for his last years servis that thereby he might be made Capiable
to Cleare his Court Cases and those oblegations he hath to severall in
yorke and then wold go by the first sloope for boston where he hath no
cause to be either affraid or As[ ]ed to see his freinds and face
his enemies and that this might be performed your suplycant offers to
Leave in his Custody his papers and bookes of accounts with [ ]
wherein there is not so litle as a thousand pound starl. due to your
petitionor besids deeds of an intrest in Carolynas of more value than
[ ] which is all the security he is of himself Capable off for its
not to be Expected he Can Comand imposibilityes to Comand others to be
bound for other they will or noe and then shold a gon to New England
Cleare from any ingagements in yorke: which he ought in Justis and
good conscenc so satisfied the which he Canot do whilst a prisonor but
those tendors proves Abortives also which his Adversary by all which
your honors may see your petitinors [ ]plored and opressed Condition
and upon the perusuall of the whole if your Suplycants Queryes in your
honors Aprehention are lal of them Equitable and that his te[ ]ors to
his Adversary are irratinall your suplycant shall submit therein and
Looke at a devine Evedeince therin in whose hands my tyms are and
accor[ ]ingly desire to wait till my charg come. but if on the other
hand your honors upon a more deliberate [ ]sideration of the
Respective queryes: doth bespeake Releefe to your petitinor and his
tendors to his Adversary Ratinall then he doubts not your honors
Imed[ ]t Care therein for his spedy inlargement that he may not like
a beest be pened up which by his inlargement (may be servisable to
his God King and Cuntry his due according to the tallant God hath
Given him) and that either by your honors ordoring your suplycants
Adversarys to Except of sum of the tearmes afor[ ] or grant your
petitinor the benefit of the 5£ act: or any other way that the
opressed Estate of your Suplycant may be Releeved and his present
[ ]rgent wrought by your honnors in what way your honors shall most
thinke fitt ...

Ezekiell Fogg
[ENDORSED:] Mr. Exekiell Foggs
peticcion. 1677
not allowed

* * * * * * *

[LETTER FROM HEZEKIAH USHER TO GEORGE COOK AND JOHN ROBSON CONCERNING
THE PROSECUTION OF EZEKIEL FOGG]
Boston 26th July 1677.

Gent.

Haveing bin formerly advised by Mr. John Robinson, and now my Mr.
Richard Wharton of yourselves make bold to throw (as if were) myselfe
on you, for your kindeness, humbly requesting you to favour me with
the acceptance of the Inclosed letter of Attorney, and to prosecute my
accion against Ezekiel Fogg to Effect.---. I did formerly Constitute
Mr. John Robinson my Attourney to sue him, and he did recover a
judgment against him at New Yorke, by vertue of the records of our
Court here at Boston, from which Judgment of Court at New Yorke he
appealled unto your next Court for a further triall or heareing, as
Mr. Robinson told me since which Mr. Robinson being gon to London, And
hath not left an Attourney to prosecute this accion as I heare of--am
necessitate to make new Power and by advice of myne (and I presume
your) freindes; have presumed on yourselves to doe me this freindship
...
Your Friendly Servant
Hezekiah Usher.

* * * * * * *

[PETITION OF EZEKIEL FOGG FOR RELEASE FROM IMPRISONMENT]

Right worthy Sirs.

So long as I see the smyles of your honors bespeake the septer of your
Clemencie held forth towards mee which I canot but imbrase with my
last Address thereby signifieing that although the decrees of the
Meads and Persians ware unalteralbe nevertheless upon good Mordica
Innocennce appeareing a second Decree was issued forth that the
opresed and distresed sense might be inlarged and let stand upon there
owne defence whereby truly being on there side deliverenc was wrought
for them by the instrement of authority and the good hand of God
atending the same.
...

... to that End for my present inlardment that wisdom may direct your
honors to be an Instrament thereof is the needfull Requested by him
that humbly craves your honors favorable constructions of these rude
lynes assureing a Rediness to his powre and life in a faithfull
observeing not only the bounds of any liberty vouchsafed but all
Comands whareby he may be servisable to your honors And the Publique
good of this Collony; shall with Leave and submission

Subscrib your honors humble servant
And Oppressed Prisonor

From the prison Ezekial Fogg
of new yorke
5th october 1677.

* * * * * * * *

[COPIES OF SEVERAL DOCUMENTS RELATING TO DEBTS OWED BY EZEKIEL FOGG TO
CHARLES GOSFRIGHT OF LONDON]

Know all men by these presents that Charles Gosfright of the Citty of
London merchant have made constituted authorized and appointed and by
these presents do make constitute authorize and appoint Hezekiah Usher
Junior of Boston in New=England Merchant my true and Lawfull Attourney
for mee and in my name and to my proper use to demand aske require
recover and receive of and from all person or persons ...

Signed Sealed and Delivered
in presence of

Charles Gosfright his seale

Tho Thacher Testified upon the Oath of Tho: Thacher in
Samll. Walker. Court January 28th 1675.

This is a true Coppie of the Original on file with the Records of the
County Court of Suffolke in New England being therewith examined.

Know all men by these present that I Hezekiah Usher by virtue of the
power and authority derived unto mee from Charles Gosfrit by the
within written procuration, do nominate and appoint John Robbinson of
New Yorke merchant my lawfull Substitute or Attourney under me to use
all lawfull waies and meanes whatsoever for the obtaining and recovery
of and from Ezekiel Fogg at present in New Yorke, the summe due unto
mee as Attourny aforesaid by virtue of the within written Judgement of
the County Court held at Boston the 25th of January last. In Witness
whereof I have hereunto put my hand and seale this 19th day of July
1676 anno. Hezekiah Usher [_seal_]

To the Marshall of the County of Suffolke or his Deputy
or Constable of Boston.

You are hereby required in his Majesties name to attach the goods and
for want thereof the body of Ezekiel Fogg and take bond of him to the
value of two hundred and Fifty pounds with sufficient surety or
sureties for his appearance at the County Court ... then and there to
answer the complaint of Hezekiah Usher Junior Attourny to Charles
Gosfright in an action of debt of One hundred sixty Five pounds three
shillings six pence halfe penny in currant mony of New=England due by
bill, and all due damages, and so make a true return hereof under your
hand. Dated the 29th day of November 1675.

By the Court Jonath: Negus

The Return.

I have attached the body of Ezekiel Goff [sic] this
29thNovember and for want of goods or security have committed him to
prison.

per John Waite Constable

[Invoice.]

Bought of Charles Gosfright. October 6th 1674.

[Items worth £165, including broad cloth, kersey, holland, blankets,
rugs, coverlets, razors, and bibles.] I underwritten Ezekiel Fogg do
acknowledge myselfe to owe and stand indebted to Charles Gosfright of
Boston the just summe of One hundred Sixty five pounds three shillings
six pence halfe penny Lawfull currant mony of New=England, for the
good above mentioned, and doe hereby promis to pay the said summe to
Charles Gosfright or his lawfull Attourny within the space of Four
months after the date hereof abovemented as witness my hand the 6th of
October 1674.

Witness present Ezekiel Fogg
Tho. Thacher
William Grice Owned in Court January 28 1675 by Ezekiel
Fogg to bee his hand.

* * * * * * * * * * * *
.

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