Volume 4, Page 394 View pdf image (33K) |
394 Court and Testamentary Business, 1648.
Liber A. Octobr last: wch 2000 l Tob: dammage for own paymt of the sd Corne, as afore. wart to the Sheriffe ret 230 June. Att a Court held Henry Robert Holt demandeth of his LPS Morgans howse att Attorney Two barrells of Corne, or the Kent 230 Junij. Prnt Gouernour ualew of it, as it is now Sold, borrowed Capt G. Brent of him, by the Gour for the use of his
LPS ffort of St Inego's: & 500 l Tob: dammage, for the want of the sd Come. His LPS Attorney acknowledgeth the Corne to be dew, but denyeth the dammage & the Court fownd for the plf 300 l of casked Tob:
John Salter & Henry Clay demand of his LPS Attorney fowre barrells & a halfe of Corne, dew for wages, or the ualew thereof. His Lps Attorney acknowledgeth the demand to be dew. & the Court fownd for plfs 675 l of casked Tob.
Capt Giles Brent complayneth agst Capt Robt Vaughan, for deteyning from him a heyfer & her increase, & for dammage of Dead-freight 150 l casked Tob. The Dft made answere, tht he had the sd cattle, by order of Justice, tht then was uppon the Iland, & deteyneth them by uertue of tht Justice. The Plf replyed, tht those that pretended to haue authority att tht time, to be Rebells, & had noe lawfull authority to keepe Courts, or exercise any other authority of Judicature: & soe consequently the sd cattle to be wrongfully taken & deteyned from him.
Tho: Bradnox sayth uppon his oath in open Court, tht att a meeting att Thomas Kains howse, he heard Capt Vaughan demand a debt of Jno Abbot. And Jno Abbot replyed, tht he was forced to take Mr Brents cattle, for Mr Brents debt. And tht this debt was Mr Brents debt; & therfore hee should haue of those cattle for his debt. And further this Dept sayth, tht p. hee in his conscience uerily beleiueth the heifer now in dispute betweene Capt Brent & Capt Vaughan to be the proper goods of the sd Capt Brent.
The Gout being sufficiently informed, tht those tht were then present uppon the Iland, & tht did hold Courts, & exercise acts of Judicature to be Rebells, & their iudgmt to be utterly illegall & uniust agst the estate of Capt Giles Brent. & therfore passeth Judgmt tht the plf should haue the heifer deliuered him againe, wth her encrease, by the deft. And for dammage
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Volume 4, Page 394 View pdf image (33K) |
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