Adams’ Minutes of the Trial1
Barnstable Inferior Court, April 1767
Cotton vs. Nye
Benja. Fessenden. Bassetts Shop. Lying Papers. Set their Names to it.
D[eaco]n. Forster. Signd the Certificate,4 &c.
Dr. Smith. Cotton said in Barbers Shop that he had a Certificate from Com[mittee] to prove Nye a Lyar. Understood that it was agreed5 and to be destroyd.
John Jennings. False lying Paper, which you made yourself, and forgd their Names to it.6
Prince Tupper. A False lying Paper. Had stolen it or forgd it. Might as well do it as to put Turners Name to it. Annual Meeting, had been reading several Papers.
Nathl. Bassett. Cotton said he had read a Certificate about Nyes lying.7
Mathias Ellis. Whether he stole that, or made another just like it he could not tell.8
Nehemiah Webb. Made out of his own Head. Had stolen it or forged it, as he did some other. Mr. Spooners Name.
Paine. Wherever Words tend to the slander of a Mans Reputation I shall be for maintaining an Action to preserve the Peace.9
Court of Law a substitute in the Place of Passion.
2. The position of this name in the MS and the Minute Book entry suggest that James Hovey was not of counsel and that his name appears inadvertently or inexplicably.
4. Deacon Thomas Foster was a Justice of the quorum and of Plymouth Inferior Court. Whitmore, Mass. Civil List description begins William H. Whitmore, comp., The Massachusetts Civil List for the Colonial and Provincial Periods, 1630–1774, Albany, 1870. description ends 142, 96.
5. That is, the dispute was settled.
6. Jennings’ deposition, to which he also swore in the Barnstable Superior Court, 14 May 1767, is in the file. SF 144208.
7. See to this effect deposition of Thomas Clapp. SF 144208.
8. Ellis’ deposition, sworn to in the Barnstable Superior Court, 14 May 1767, is in the file. It contains the exact wording here set out. SF 144208.
9. See 4 Bacon, Abridgment description begins Matthew Bacon, New Abridgment of the Law, London, 1736–1766; 5 vols. description ends 506: “and per Holt Ch. J. ’It is not worthwhile to be very learned on this point [i.e., the rule of mitiore sensu discussed in note 9 above]; for, wherever Words tend to slander a Man and to take away his Reputation, I shall be for supporting Actions for them for the Preservation of Peace,’” citing Baker v. Pierce, 2 Ld. Raym. description begins Robert, Lord Raymond, Reports, King’s Bench and Common Pleas, 3d edn., London, 1775; 3 vols. description ends 959, 960, 92 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 139, 140; 6 Mod. description begins Modern Reports; or, Select Cases adjudged in the Courts of K.B., Chancery, C.P. and Exchequer, London, 1682–1738; 12 parts. description ends 23, 24, 87 Eng. Rep. description begins The English Reports; 176 vols. A collection and translation into English of all the early English reporters. description ends 787, 788 (K.B. 1704).