| Volume 53, Page 555 View pdf image (33K) |
Charles County Court Proceedings, 1662-1666. 555
not only to demand thear seuerall just dews but to threaton to leuy Liber B
the same one the Plantiue by way of Execution and for quietnes sake
the Plantiue hath Payd unto Mr James Neale for his Cosin henry
Neale 210 pounds of tobacco to william Gother 210 and still thear
remaynes unsatisfied Mr Robert Hendly whose Charge is 210 and to
Mt Thomas Hussey 210 who haue threatned to leauy it by way of
Execution one the Plantiue and to George Thompson for his going
and Coming to and from St Maries and Atturneyshipe foure hun-
dered pounds of tobacco for all which your Petioner humbly Craueth
order of Court: that the sayd That the sayd Robins according to his [p.421]
discharg may satisfie what is unsatisfied and Repay unto the Plan-
tiue what hee hath disbursted with Cost and Charge of suit:
In Confirmation of the aforsayd declaration the Plantiue Pro-
duced the defendants discharge Recorded in this Record folio 153
Whearupon the Defendant obiecteth against the discharge alleag-
ing that of itself it was inuallid becaus it was interlined and not
befor assigment the interline in wrighting mentioned
Thearupon the Plantiue humbly Requesteth that W Henry Ad-
dames and Mr George Bradshow might haue thear oaths giuen them
Concering the Praemisses which was granted
Mr Henry Addames Sworne and examined in open Court sayeth
that hee witnesed that discharge but wheather or noe it was inter-
lined when it was signed hee knows not and further sayeth not:
Mr George Bradshow sworne and examined in open Court sayeth:
that to the best of his knowledge the interlining was interlined befor
the seigning of the discharge and that hee this deponant wright it:
and further sayeth not:
The defendants acknowledge that it is a discharge but a bad one
Whearupon Mr Mathews and Mr Beane urged that this buisnes might
bee tried by a Jury but neather party Imbracing of it Mr Mathews [p.
then desired Mr Marshall to giuc in his voat Concerning the Authen-
ticknes or invaliditie of the discharge who giuing in his opinion
voated the discharge invallid: whearupon the Plantiue immeadiatly
Craued A Jury which was denied them seeing thay woold not im-
brace it when it was profered: and then it was by the whole board
voated inualid
The Court is Adiourned till the 12 of february till eight of the Cloke
in the Morning
At A Court held in Charleses County the 12th of January february
Ao 1664
Presentes
Mr Henry Addames . . Mr Thomas Mathews
Commissioners
Mr James Lendsey Mr W illiam Marshall
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| Volume 53, Page 555 View pdf image (33K) |
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