Volume 57, Page 126 View pdf image (33K) |
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126 Provincial Court Proceedings, 1666. Liber FF Daniel Jenifer plt The plt sues the deft in a plea of tresspass upon Thomas Paine deft the Case for defamacon for calling the plt: un- Ben: Rozer p deft j worthy knaue, the plt suing by a Writt of priu- iledge as one of the Attorneys of this Court, The deft puts in his plea, and prayeth the Judgmt of the Board, whether in calling the plt unworthy Knaue be acconable or not The deft being therupon aduiz'd to ask the plt forgiuness for calling him unworthy Knaue, the which he did in Open Court and taken by the plt for sattisfaccon, Wherupon the Court Ordred that the deft Thomas Paine be Committed to the sherriffs Custody ther to remaine untill he shall finde two sufficient suretyes for his appear- ance next Prouinall Court and in the meane while to be of the good behauiour John Morecroft plt The plt sues the deft by a writt of Priu- Willm Champ deft filedge that hee render unto him an accompt Wm Caluert Esq & Dan from the time that he was receiuer of the Jenifer p defendt fGoods of the plt:, The defendt put's in his plea, which is as followeth (uizt) The defendt for answer saith, that true it is he was imployed by the plt: in the Art & mistery of Physick as his seruant by Indenture and that all accompts appertaining to the plt in relacon to that im- ploymt he hath long since rendred, and the remaindr of the Physick committed to the defendts charge were deliuered into the plts owne hands and possession, that all the accompts relateing to the defendts imploymt are now in the plts owne hand, so that the deft cannot giue any other accompt then what he hath allready giuen the which is both Just and true, and ther fore being long since discharged from the plts seruice he humbly Conceiues that he ought now no other accompt to rendr Plts reply tht he hath not gluen him an acct The deft likewise producing the plts discharge on the back side of the defts Indenture from his time of seruice to dispose of himselfe as [p. 391] hee pleaseth hauing fully serued his time, and therupon the deft crau'd a Jury to goe upon the meritts of the whole cause which was by the Board allowed him Wherupon warrt is issued to the sherriffe to impannell a Jury of twelue able men forthwth Who returned their names as followeth Foreman Thomas Lomax Patrick Forrest John Gittings John Foxhall Curtis Fletcher Wm Harper Thomas Hatton Nico Fline Thomas Paine Wm Hatton John Whahob Joseph Harrison being all called by their names and sworne they went forth to Con- sider of the prmisses And returning againe into Court, they humbly Crau'd their charges wch was allowed according to the Act of Assem- bly, then they deliuered in their uerdict endorc't on the back side of the de fendts Indenture thus |
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Volume 57, Page 126 View pdf image (33K) |
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