Volume 10, Page 312 View pdf image (33K) |
3 Court and Testamentary Business, 1653.
Liber B. Month at St Maries where the Court or the Secretary who hath power for the Granting thereof upon Consideration to be then taken of the busieness will grant Administracon to whom it properly belongeth. And the other busieness now Moved relating to the Said Estate may be then taken into Consid- eration.
John Johnson & Thomas Adams pltes Upon Complaint this day Coll ffrancis Yardley & Nathanll Batts defts made by John Johnson and
Thomas Adams Craveing reliefe against Colonell ffrancis Yardley Nathan” Batts and others for that Contrary to all Law and Justice and in affront of the Governmt here they had lately by force of Armes taken and Surprized a Vessell riding in Patomock River within this Province belonging to them the Said Compits to their great Damage. The Said Coll Yardley in Answer hereunto Saith that he did take the Said Vessell as prize for that as he alledged She came lately from trading at the Movadoes or Dutch Plantacon But the Said Colonell, Nathaniell Batts, mr Charls Thurston now prsent in Court nor any other their Complices or confederates in this Rebellious UnWarrantable Action Makeing any thing appeare to the Court that the Said could be a lawfull prize nor that they or any of them had any Lawfull Warrant or Authority to make prize of her, And it appearing to the Court that the Said Ves- sell had lately ridd about two months together at Accomack in Virginia which the Said Colonell could not deny, and Comeing from thence to this Province fraighted with Cattell and Goods belonging to Some Inhabitants here, one or both the owners being Inhabitants of Virginia, and Corneing up (as it Seems) with intent to Seate in this Province and none of the Dutch Nation (Soc far as appears to this Court) having any interest in the Said Vessell, and the Court (for Very Sufficient reasons) P 509 apprehending that this Enterprize was meerly undertaken and grounded upon a Malitious quarrell. It is therefore Ordered that the Said Vesseil with all furniture and Goods belonging to her be forthwith restored to the Said Johnson and Adams, and for any thing belonging thereto (goods or otherwise) which Shall be made appeare by proofe to have been imbeazeiled by the Said Colonell or his Complices in their late Enterprize aforesaid the Said Coll Yardley (who takes the busieness wholy upon himself) when the Same Shall Soc appeare upon proofe, is to give the owners trebble Satisfacon And the Said Colonell ffrancis Yardley for his offence herein and affront to the Governmt is Ordered to pay forthwith three thousand pounds of Tobacco and Caske for a ffine to the Lord Proprietary, And the Said Nathaniell Batts appearing to be a Mayne Instigator and Actor in this busieness in Respect of his offence therein is
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Volume 10, Page 312 View pdf image (33K) |
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