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Judicial and Testamentary Business of the Provincial Court, 1637-1650
Volume 4, Page 218   View pdf image (33K)
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                  2 1 8  Court and Testamentary Business, 1643.

          

   Liber P. R. authorised & obliged by the said Law to allow vnto the

                     said Thomas Cornwaleys, action & processe, now demand

                     ing it of him, or whether his authority of Lieutt grall as to

                     this cause be restraind in Law, by vertue of the said Com

                     mission.

                   And the said John Lewger said that his opinion was that his

                  Lop having signified as yet no dissassent to that Law, it is

                  at this present a Law of the Province, by vertue wherof,

                  the office of Lieutt grall (wch hath no latitude but consists in

                  indivisibili, & wch the said Commission confirmes to him the said

                  Giles brent, thoughe it indeavor & intend to restraine the

                  power of it as to this cause) hath an authority & obligation to

                  doe justice without delay, in this cause, as well as in all

                  other, independant of & notwithstanding any Commission or

                  mandate otherwise, or to the contrary; and therefore his

                  advise was to allow processe to the plaintif.

                   And the said James Neale said, that his opinion was, that his

                  (the said Giles Brents) whole power of iudicature, as Lieutent

                  grall; by vertue of the said Commission is taken away as

                  touching this cause notwithstanding any law or act to the con

                  trary: and therefore his advise was not to allow processe to

                  the plf till further order from his Lop

                   And the Lieutt grall after a review taken of his oath of

                  Lieutent Grall; declared that according to his cunning &

                  skill he found himselfe bound to grant processe in the said

                  cause, notwithstanding the mandate to the contrary, the Law

    p. 113   1643 of the Province nor the office of Lieutenancy being

                  January either of them abrogated or restraind, & therefore

                  iudged the processe should be granted to the plf

                   whervpon issued this writt.

                   If Captaine Thomas Cornwaleys Esq shall secure you to

                  psequute at the Court on the first of ffebruary next, his action

                  of debt of foure hundred pounds sterling agst Leonard Calvert,

                  John Lewger, & John Langford Esqrs & to pforme iudgmt of

                  Court therin; then attach all or any the corne tobacco debts or

                  other goods or chattells of all or any the said defendts to that

                  value & keep them safe in yor custody, vntill they or one or

                  more of them shall putt you in security to that value to

                  answere (by themselves or their attorny) the said action at the

                  said Court, & to pforme iudgmt of Court therin; And then &

                  there have this writt. wherof faile not. And for so doing

                  this shalbe yor sufficient authority.

                                                   Giles Brent.

                  To the sheriff of St Maries

          

                   James Neale demandeth of James Johnson 200 l tob due by

                  bill & acet of debt & damage;

                   warning to Court 1 2. January vpon pill iudgmt in absence

          



 
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Judicial and Testamentary Business of the Provincial Court, 1637-1650
Volume 4, Page 218   View pdf image (33K)   << PREVIOUS  NEXT >>


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