William Hand Browne.

Archives of Maryland (Volume v.67) online

. (page 39 of 60)
Online LibraryWilliam Hand BrowneArchives of Maryland (Volume v.67) → online text (page 39 of 60)
Font size
QR-code for this ebook


the said sume of thirty pounds of sterT Money of England hath not

paid according to his promise, nor the said Edward lileek although

he hath received the said Goods & M'chandizcs & comodities, &

tobacco made of the said Goods M''chandizcs & comodities so shipt

by the said Joseph as aforesaid & converted the same to his own

proper use & behoof e, hath not paid although thereunto Required to

the great damage of the said W" Knott whereupon the said W™

Knot saith he is damnified & hath losse to the Value of ffifty pounds

sterT money of England & thereupon he bringeth his suite

And the said Edward by Robert Ridgcly his Attorney cometh &
defendeth the force & injury when &c and prayeth liberty to imparle
hereunto untill next Court & itt is granted unto him the same day is
giuen to Both parties p. 570

Now here att this day to witt the fifteenth day of June in the
third yeare of the Dominion of Charles Lord Baltemore &c Annocp
Doni 1678 came the said parties by their Attorneys aforesaid And
the said Edward Bleek by his said Attorney prayes the hearing of
the Originall writt aforesaid upon which the declaracon aforesaid
is grounded & itt is read unto him in these words Charles absolute
Lord & Prop"^^ of the Provinces of Maryland & Avalon Lord Baron
of Baltemore &c To the Sherifife of Baltemore County greeting W^ee
comand you that you take Edward Bleek late of Baltemore County
M''chant if he shall be found in yo'' bailywick & him safely keepe
so that you have his body before our Justices of our Provincial!
Court to be held att S* Maryes the ninth day of April next to Answer
unto W" Knott Marryner in a plea of trespas upon the case, And
hereof you are not to faile & have you there this Writt W^ittnes our
trusty & welbeloved Thomas Notley Esq"" our Liev* Gen" & chiefe
Justice of our said Province the twenty fifth day of ffebruary in
the third yeare of our Dominion over our said Province Annoqp
Doni 1677. which being read & heard the said Edward Bleeke prayes
judgem* of the writt aforesaid, because he saith that the writt afore-
said & the Declaracon aforesaid Whereupon the aforesaid W"
brought his writt aforesaid ag* him the said Edward doth not agree,
for that in the writt aforesaid the said Defend' is stiled & called by
the name of Edw^ Bleeke late of Baltemore County ^Pchant, & the
said plaintiffe hath declared ag* him upon that writt by the name of
Edward Bleek late of Baltemore County M''chant Adm*" of the Goods
& Chattells of Joseph Seyre M''chant deceased, & this he is ready to
Verifie, whereupon the said Edward Bleek for the Variance afore-
said between the writt & declaracon aforesaid prayes judgem' of
that writt, & that the same writt may be qualified And the said
W™ Knott saith, that he will make no farther prosecution ag* the said
Edward Bleeke in the plea aforesaid whereupon a nonsuite is awarded



336 Provincial Court Proceedings, idyy/S.

Liber N N ag* him And itt is considered by the Court here, that the said Edward
Bleek recover ag* the said W" Knott the sume of Nine hundred
seventy six p^s of tofe for his costs & charges by him about his
defence in this behalf e laid out & expended And the said W" Knott
in mercy for his false clayme.

Rob* Ellys 1 Mary Ward Ex'^ of the last Will & Testam* of

ag* Matthew Ward of Talbott County deceased was

Mary Ward Ex'' [Attached to Answer unto Rob' Ellys of a plea of
Matthew Ward J trespas of the case

And whereupon the said Robert Ellys by Robert
Carvile his Attorny saith, that the said Matthew Ward being upon
the Eleventh day of December in the yeare of our Lord One thousand
six hundred seventy six justly indebted unto the said Rob* Ellys in
the sume of foure hundred & fifty pounds of tobacco And the said
Matthew Ward being an Attorney att Law & practiseing as an At-
torney in the County Courts of Talbot & Kent County, & the said
Rob* Ellys shewing him a list of debts due to him the said Robert
Ellys from severall persons in the said Countyes, he the said Matthew
Ward desired the same might be putt into his hands to collect &
receive the same, or on refusall of paym* to sue for & recover the
same And thereupon the said Rob* Ellys did deliver unto the said
Matthew Ward a list of debts by bills & accounts amounting to the
sume of Six thousand foure hundred twenty foure pounds of to-
bacco a copy whereunto is here annexed to collect sue for & recover,
the receipt whereof the said Matthew Ward did by writeing under
his hand acknowledge And did in consideracon thereof assume upon
himselfe & to the said Robert Ellys faithfully promise, that he the
said Matthew would well & truely pay or cause to be paid to the said
Robert Ellys when he should be thereunto requested not only his
said debt of foure hundred & fifty pounds of tobacco but also all
such other sumes of tobacco as he the said Matthew should receive
upon any the bills & accompts aforesaid And the said Robert Ellys
in fact saith, that the said Matthew Ward did recover & receive of &
from Herbert Croft fifty pounds of tofe, from Humphrey Davenport
Eighty p^s of tob, from Stephen Tully two hundred ninety one
pels of tob, from M'' Marsh three hundred sixty seven pounds of
tob, from John Wells three hundred & Seventy p3s of tob, from
Tobias Wells one hundred thirty nine p^s of tob, from John Darby
two hundred ninety nine pds of tob, & from John Stanley Seventy
pds of tob, all which said sumes doe amount unto the sume of one
thousand five hundred fifty foure p^s of tobacco which together
with his said debt of foure hundred & fifty pounds of tobacco in the
whole amount unto the sume of two thousand & foure pSs of tobacco
craftily & subtily to defraud & deceive he the said Matthew in his
life tyme or the said Mary since his death Ex'' of the last Will &



P-57I



Provincial Court Proceedings, i6jy /H. 337

testam' of the said Matthew the said sume of two thousand & fourc Liber NN
pels of tot), to him the said Robert Ellys though often thereunto
requested have not paid or satisfied, but the same to pay & satisfie
have hitherto & still doth deny & refuse to the damage of the said
Robert Ellys three thousand pounds of tot5, & thereupon he bringcth
his suite.

And the said Mary Ward by Kenelm Cheseldyn her Attorney
comes & defends the force & injury when &c and prayes liberty to
imparle hereunto untill next Court & itt is granted unto her, the
same day is given to both parties

Now here att this day to witt the Eighteenth day of June in the
third yeare of the Dominion of Charles Lord Baltemore &c Annrxp
Dni 1678. came the said parties by their Attorneys aforesaid And
the said Mary by her said Attorney saith, that as to fifteen hundred
& thirteen pds of tobacco she is content that judgem' passe ag' her
as Ex'' aforesct Therefore itt is considered by the Court here, that the
said Robert Ellis recover ag' the Estate of the said Matthew Ward
the aforesaid sume of ffifteen hundred & thirteen pds of tob damages
occasioned by the trespas aforesaid As also five hundred sixty eight
p3s of tot costs of suite



t I This action is continued by consent of the Attornys

Henry Cole



I on both sides, untill next Court



Samuell Cock

ag*
Robert Graham &
ux Ex^ Geo : Macall



Robert Graham & Ann his wife Ex'' of the
last Will & testament of George Macall de-
ceased were Sumoned to Answer unto Sam-
uell Cock M''chant in a plea that they render
unto him foure thousand two hundred & fifty
pds of tobacco & cask which from him they unjustly detaine

And whereupon the said Samuell Cock by Christopher Rousby his
Attorney saith, that whereas the said George Macall the first day of
July One thousand six hundred Seventy five by his certaine write-
ing obligatory Sealed with the Seale of him the said George here in
Court produced whose date is the same day & yeare above written
did acknowledge himself e to be holden & firmly bound unto the said
Samuell Cock in the full & just quantity of foure thousand two
hundred & fifty pounds of good sound M''chantable tobacco & cask to
be paid to the said Samuell Cock or to his certaine Attorney in
some convenient place in S* Maryes County att or before the tenth
day of Octob' next ensueing the date thereof To which paym* well &
truely to be made he the said George Macall did binde himself e his
heyres Ex" Adm" or assignes firmly by those p^'sents Notwith-
standing which the said George Macall in his lifetjTne & the said
Ann relict & Ex'' of the last Will & testam' of the said George after



P-572



338 Provincial Court Proceedings, 16///8.

Liber NN the decease of the said George & while she was sole And the said
Robert since the intermarriage betwixt him the said Robert & the said
Ann, the said sume of foure thousand two hundred & fifty pds of
tobacco unto the said Samuell Cock though often thereunto required
have not paid, nor any of them hath paid, but the same to pay have
altogether refused And the said Robert & Ann still doe refuse,
whereupon he the said Samuell Cock saith he is the Worse & hath
losse to the Value of Eight thousand pounds of to'b & thereupon he
brings his suite

And the said Robert Graham & Ann his wife by William Wil-
liams his Attorney cometh & defendeth the force & injury when &c
and prayeth liberty to imparle hereunto untill next Provinciall Court
& itt is granted unto them, the same day is given to the plaintiffe also
Now here att this day to witt the twelfth day of June in the third
yeare of the Dominion of Charles Lord Baltemore &c Annotp Doni
1678. came the said parties by their Attorney & aforesd & the said
Robert & Ann by their said Attorney say, that as to foure thousand
pounds of tobacco part of the said sume of foure thousand two
hundred & fifty pounds they are content that judgem' passe ag' the
Estate of the said George Macall for the same, the remainder of
the said debt being two hundred fifty pounds of tob being allready
satisfied & paid Therefore itt is considered by the Court here that
the said Samuel Cock recover ag* the Estate of the said George
Macall the said sume of foure thousand pets of to'fe debt As also
Seven hundred & Eighteene p(ls of tot5 costs of suite

Philip Lynes 1 Benjamin Hunton & George Gunnell both of

ag' S* Maryes County gentl were Sumoned to Answer

Benj^ Hunton & unto Philip Lynes of a plea that they render unto

Geo: Gunnell J him One thousand six hundred fifty three p^s of

tofe & cask which to him they owe & unjustly

detaine
And whereupon the said Philip Lynes by Christopher Rousby his
Attorney saith, that whereas the said Benjamin Hunton & George
Gunnell the first day of September Anno Doni One thousand six
hundred seventy three by their certaine writeing obligatory Sealed
with the Scales of them the said Benjamin & George here in Court
produced whose date is the same day & yeare above written, did
acknowledge themselves to owe & stand justly indebted unto the
p. 573 said Philip Lynes In the full & just quantity of One thousand six
hundred fifty three p3s of good sound M''chantable leafe tobacco &
cask to be paid to the said Philip Lynes his heyres Ex''^ Ad" assignes
or certaine Attorney att or before the tenth day of October next
ensueing the date of those p''sents convenient by the water side in
S' Maryes County To which payment well & truely to be made &
done they did binde themselves & either of them & the heyres Ex*"^ &



Provincial Court I'rocccdinfjs, i6j'j/H. 339

Adm" of them & either of them for the whole & in the whole firmly Liber NN
by those p''sents Notwithstanding which the said Benjamin Ilunton
& George Gunnell the said sume of Sixteen hundred fifty three
pounds of tobacco unto him the said Philip Lynes though often
thereunto required have not paid nor either of them hath paid, but
the same to pay have refused & still doe altogether refuse, where-
upon the said Philip Lynes saith he is the worse to the Value of two
thousand five hundred pounds of tobacco & thereupon he bringeth
his suite

And the said Benjamin & George by Kenelm Cheseldyn their At-
torny come & defend the force & injury when &c and pray liberty
to imparle hereunto untill next Court & itt is granted unto them,
the same day is given to the plaintiffe also.

Now here att this day to witt the fifteenth day of June in the
third yeare of the Dominion of Charles Lord Baltemore &c Annocp
Doni 1678 — came the said parties by their Attorneys aforesaid And
the said Defend'^ say nothing in barr or avoidance of the action
aforesaid of him the said Philip Lynes, for that they owe unto the
said Philip the said sume of Sixteen hundred fifty three pds of toT5.
Therefore itt is considered by the Court here that the said Philip
Lynes recover ag' the said Benja Hunton & George Gunnell the said
sume of Sixteen hundred fifty three pds of tob debt As also seven
hundred & Seventy pd^s of tob costs of suite

Matthew Davis 1 Justinian Tennison late of S' Maryes County
ag' ^was Attached to Answer unto Matthew Davis

Justinian Tennison J in a plea of trespas upon the case

And whereupon the said Matthew Davis by
Robert Carvile his Attorney complaineth, that whereas the said
Justinian upon the thirtieth day of June One thousand six hundred
seventy seven stood indebted unto him the said Matthew for worke
for him done & severall sumes of tobacco Goods & M''chandizes by
him bought had & received of him the said Matthew att divers dayes
& tymes from the first day of January Anno Doni One thousand six
hundred seventy six till the said thirtieth day of June One thousand
six hundred seventy seven, in the whole amounting to the sume of
foure thousand foure hundred Eighty six pds of tobacco a particuler
whereof is hereunto annexed In consideracon whereof the said
Justinian did assume upon himself e & to the said Matthew did faith-
fully promise that he the said Justinian when thereunto required
the said sume of foure thousand foure hundred Eighty six pds of
tobacco to him the said Matthew would well & truely content & pay
Notwithstanding which the said Justinian his promise & assumpcon
in that behalfe not reguarding, but endeavouring & fraudulently in-
tending him the said Matthew of the said sume to deceive, the same
though often required [hath] Not paid to him the said Matdiew, but P-574



340 Provincial Court Proceedings, idyy/S.

Liber N N the same to pay hitherto hath & still doth altogether deny to the dam-
age of him the said Matthew six thousand pounds of tobacco & there-
upon he bringeth his suite

And the said Justinian Tennison by Kenelm Cheseldyn his At-
torney Cometh & defendeth the force & injury when &c and prayeth
liberty to imparle hereunto untill next Court & itt is granted unto
him, the same day is given to the plaintiffe also

Now here att this day to witt the fifteenth day of June in the third
yeare of the Dominion of Charles Lord Baltemore &c came the said
Matthew Davis by his Attorney aforesaid & offered himselfe ag'
the said Justinian Tennison in the plea aforesaid but the said Jus-
tinian came not but made default Therefore itt is considered by the
Court here that the said Matthew Davis recover ag* the said Justinian
Tennison the sume of foure thousand foure hundred Eighty six pds
of tob damages occasioned by the trespas aforesaid As also thirteen
hundred fifty eight pds of tobacco costs of suite.

Henry Exon 1 Vincent Mansfield late of S' Maryes County was
ag' Isumoned to Answer unto Henry Exon of a plea

Vine* Mansfield J that he render unto him two thousand Eight hun-
dred pd^s of tobacco which to him he oweth &
unjustly detaineth

And whereupon the said Henry by Robert Carvile his Attorney
saith, that whereas the said Vincent upon the ninth day of Novemb''
in the yeare of our Lord One thousand six hundred seventy six by
his certaine writeing obligatory sealed with the Seale of him the said
Vincent & here in Court produced whose date is the day & yeare
abovesaid did confesse & acknowledge himselfe to be indebted to
the said Henry in the just quantity of two thousand Eight hundred
pds of good sound M''chantable tobacco & cask to be paid to the said
Henry upon all demands after the tenth day of Octob"" then next Yet
notwithstanding the said Vincent the said sume of two thousand
eight hundred pds of tob to him the said Henry though often there-
unto required hath not paid, but the same to pay doth deny to the
damage of the said Henry foure thousand pounds of tob & thereupon
he bringeth his suite

And the said Vincent by Nehemiah Blakiston his Attorney Com-
eth & defendeth the force & injury when &c and prayeth liberty to
imparle hereunto untill next Provinciall Court & itt is granted unto
him, the same day is given to the plaintifife also

Now here att this day to witt the fifteenth day of June in the third
yeare of the Dominion of Charles Lord Baltemore &c Annocp Doni
1678. came the said parties by their Attorneys aforesaid And the
said Vincent by his said Attorney saith, that as to two thousand three
hundred & sixty pds of tobacco he is content that judgem* passe ag'
him for the same, the remainder of the said debt being foure hun-



Provincial Court I'roceeditifjs, i6'j'j/H. 341

dred & forty pets of tol) being all ready paid Therefore itt is con- Liber NN

sidered by the Court here, that the said Henry Exon recover ag'

the said Vincent Mansfield the sume of two thousand three hundred

& sixty pds of tot5 debt And also six hundred pfTs of tol3 costs of

suite

John Harris 1 George Cunncll late of Baltemore County otherwise p- 575

ag* Icalled Geo: Gunncll of Cecil County in the Prov-

George Gunnelljince of Maryland gentt was Sumoned to answer

unto John Harris of a plea that he rend"" unto him

twelve thousand five hundred pounds of toT) which to him he oweth

& unjustly detaineth

And whereupon the said John by Robert Carvile his Attorney
saith, that whereas the said George upon the tenth day of April in
the yeare of our Lord One thousand six hundred seventy six by
his certaine bill or writeing obligatory sealed with the Scale of him
the said George & here in Court produced whose date is the day &
yeare abovesaid, did confesse & acknowledge himself e to owe & stand
indebted to the said John in the full Sume of twelve thousand five
hundred pds of good sound and M'^chantable tobacco & cask to be
paid to the said John convenient in Cecil County upon all demands
Yet the said George the said sume of twelve thousand five hundred
pounds of tobacco to him the said John according to the tenor of the
said bill though often thereunto requested hath not paid or satisfied,
but the same to pay doth deny to the damage of the said John Six-
teene thousand pd^s of tobacco & thereupon he bringeth his suite

And the said George by Kenelm Cheseldyn his Attorney cometh &
denyeth the force & injury when &c and prayeth liberty to imparle
hereunto untill next Court & itt is granted unto him the same day is
given to the plaintiffe also

Now here att this day to witt the fifteenth day of June in the
third yeare of the Dominion of Charles Lord Baltemore &c Ano<5
Doni 1678. came the said John Harris by his Attorney aforesaid &
of¥ered himselfe ag* the said George Gunnel! in the plea aforesaid,
but the said George came not but made default, therefore itt is con-
sidered by the Court here that the said John Harris recover ag' the
said Geo : Gunnell as well the sume of twelve thousand five hundred
pels of tobacco debt As also five hundred eighty eight pd^s of tobacco
costs of suite

Robert Peca 1 Memorandum that the twentieth day of Decemb"" in
ag' I the second yeare of the Dominion of Charles &c came

Henry Stocket J Robert Peca by Robert Carvile his Attorny before
the Hon'''^ Philip Calvert Esq" Chanceiour of this
Province & prayed his Lopps Writt of Error to him the said Robert
Peca to be granted to the Justices of his Lopps County Court of Ann



342 Provincial Court Proceedings, 16^7/8.

Liber N N Arundell County to be directed to require them the said Justices of
the said County Court of An Arundell County to send before the
Justices of his Lopps Provinciall Court the tenor of the Record pro-
ceedings & Judgem' of the said County Court of Ann Arundel
County in a cause lately there depending between one certaine Henry
Stocket plaintiff e & the said Robert Peca defend' in a plea of trespas
upon the case & itt is granted unto him the tenor whereof followeth
in these words viz'

Charles absolute Lord & Prop""^ of the Provinces of Maryland &
Avalon Lord Baron of Baltemore &c To the Comission" of Ann
Arundell County greeting Because in the Record & Proces as also in
the rendring of judgm' before you in our said Court of Ann Arundell
County ag' Robert Peca in a plea of trespas upon the case att the
suite of Henry Stocket manifest Error hath happened to the great
damage of the said Robert Peca as by the great complaint of the
p. 576 said Robert Peca we have received. We willing that the Error if
any be should in due manner be corrected & full & speedy justice to
be done to the said parties in this busines We comand you that if
Judgem' thereof be rendred, then the Record & proces of that
judgem' with ail things touching the same to us before our Justices of
our Provinciall Court to be holden att our Citty of S' Maryes the
thirteenth day of ffebruary next under your hands & Scales distinctly
& openly you send, that inspeccon being had of the Record & pro-
ceedings therein we may cause further to be done what is right
according to the Lawes & constitucons of this our Province ought
to be done therein, And that you Sumon the said Henry Stocket to
be then & there to heare the same And also that you have then &
there this writt Wittnes our selfe att our Citty of S' Maryes the
twentieth day of Decemb'' in the second yeare of our dominion &c
Annocj Dni 1676.

Att which said thirteenth day of ffebruary came as well the said
Robert Peca by Robert Carvile his Attorney as the said Henry
Stocket by George Parker his Attorney & the Justices of Ann Arun-
dell County Court to witt Cot W" Burges Majo'' Samuell Lane
Cap' Richard Hill & Nathaniel Heathcoat the transcript of the Rec-
ord of the proceedings & Judgem' of Ann Arundell County in the
said cause to the Justices of the Provinciall Court here under their
hands & Scales have sent, the tenor whereof followeth in these words.

Att a County Court of the right Hon**'^ Charles &c held att the

ridge in Ann Arundell County on the Seventeenth day of Octob"" one

thousand six hundred Seventy six in the first yeare of his Lopps

Dominion by his Lopps Justices thereunto assigned

Present Com''^

Cot W" Burges \ Cap' Richard Hill &1

Major Sam' LaneJ Nath' Heathcoat J



Provincial Court Proceedings, /6^//^. 343

Henry Stocket p** ] Itt was comanded the Sheriff of Ann Arumlell Liber N N
Rob* Peca Defend' J County that he have the Ijody of Kohcrt I'oca
of Ann Arundell County planter before the
Justices of his Lopps Court in the said County to be holden on
the thirteenth day of June in the first yeare of his Lopps Dominion
&c Annocg Doni one thousand six hundred Seventy six to Answer
unto Henry Stocket gentt late high Sheriff of the said County in
a plea of trespas on the case — Att which day to witt the Seven-
teenth day of Octol/ aforesaid came the said Sheriff e & returnes
to the Court here that he hath taken the said Robert Peca whose
body he hath att the day & place as the writt requires. Ordered
that the said cause be continued untill the next Court to be held on
the tenth day of July next ensueing. On which tenth day of July
ordered that all writts & proces in causes continued fall this Court,
the Clerke haveing bin absent in June Court & employed in publick
busines of the Countrey, & itt being adjudged by this Court, that no
person can supply his office in Court sitting without a special depu-
tacon from the Secry of this Province

Whereupon itt v^^as comanded the Sheriffe of Ann Arundell



Online LibraryWilliam Hand BrowneArchives of Maryland (Volume v.67) → online text (page 39 of 60)