. Min. Bk. 90, SCJ
Worcester, Sept. 1769, N–10. SCJ Rec.
1769, fol. 115. According to this source “Sewall” joined Putnam as counsel for the
assessors in the Superior Court. While this might not be conclusive as to
's participation in the argument, an examination of the rest of the cases heard at
this term does not reveal his name as counsel in any of them, strongly suggesting
that he did not even attend this session of court. An
account of Baptist sufferings by John Davis states that on appeal to the Superior
“it went in Greens favor there also and they allowed him Costs, all that it had cost
him; that is, what Mony he had expend in the Law, and lawful Cost. The Jury did not
go out—because the Judges advise Green to settle it. Green says it cost him 20 Dollars
more than what he was allowed—beside all his Travelling for Witnesses—to prove himself
a Minister.” Isaac Backus Papers, Andover Newton Theological School, Newton Center,
Mass., on temporary loan to RPB.
As to Davis, an important figure in the Warren Association and a member of the American
Philosophical Society, see 2 Backus, Church History
The Warren Association (note 18
above) on 12 Sept. 1769 “Voted to give a Certificate acknowledging that he is regular,
and in Fellowship to Rev. Nathaniel Green, to be made use of at the Superior Court
Minutes, p. 3, Backus Papers. No such document appears in the Superior Court file
of the case. SF
152427. The editors are indebted to Prof. William G. McLoughlin of Brown University
for these and subsequent references to the Backus Papers, as well as for his invaluable
aid in plumbing various ecclesiastical mysteries.