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Minutes of H. M. Council, 1720-1742. |
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The Deputy Bernard Goddet being asked why he had Condemned Depuis and Prince who had no Interest in the Inclosure or feild where the Trespass was Committed [429] Committed And not Rather the person whose Cattle Committed it, And these Other people who are Concerned therein as well as Baptist Richard
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He Answered, Because that by the best Information he could get, the Cattle Enter'd the feild by the River through Default of that Common ffence of which Baptist Richard hath a part and not through the fence of the fence (sic) of the Feild in which he the Said Baptist is also Concerned with Bastarach and Orillon; And that therefore he Judged these who had not perform'd their part of that Common fence, According to Agreement (which was shown him ) the Most Culpable; And to Prove that they did Enter the feild by the River, One Breton who lives Opposite thereunto Declared that he saw the Cattle Enter by the River and not through the ffence of the Inclosure
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And being also Ask'd why he presum'd of himself to pass Sentence without the Concurrance of Renny Richard the other Deputy who was Ordered on that Affair As well as he
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He Answered that he had sent to him but not being at home he Nevertheless thought it was his Duty to Comply with Govr Cosbys Order as soon and Exactly as he was Capable According to the aforesaid Circumstances, And that he send (?) his Decision thereof to John Depuis, that Renny Richard might See it
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Renny Richard being Ask'd if he had seen it; He Ansrd in the Affirmative, but, said, that as he did not Approve of it he would not Signe it
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And being asked why he Disapproved of it, He Replyed, because, in the first place, that Neither Depuis nor Prince whom Bernard Goddet had Condemnd had Any Interest in the Inclosure where the Damage was Done; And that if they Only with Baptist Richard were to be Condemned for not performing their part of ye Common ffence, And not
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