Volume 57, Page 75 View pdf image (33K) |
Provincial Court Proceedings, 1666. 75 Ordr allsoe giuen to the sherriffe of Charles County to Proclame her Liber FF in that County Court 3 seuerall Courts, and if noe appearance made by her to be for euer Outlawed The Grand Jury dismist This Tryall suspended untill next Prouinall Court wether the said Mary Marler cann be found or not and that in the Interim the said Jone Neuill and Elioner Lindsey be summoned to the next Prouinciall Court to testifye herein To the Honble Charles Caluert Esq Gouernor and to the rest of the Councell of the prouince of Maryland The humble petn of Tho: Touey Tho: Frost & Tho: Smyth Sheweth That Robert Brasseiur the Elder late of Caluert County decd by his last will in writing bequeathed unto yor petrs three hundred acres of land upon which he then liued Equally amongst them charged incumbrances (uizt) the remaindr of the tobaccoes unpaid to Ben- jamin Brasseiur his Brother of whome he bought the said three hundred acres of land and att the time of his decease left yor petrs in the posson of the sd land by which yor said petrs became lawfully & quietly seized of the said land, from whence by Magna Carta they ought not to be remoued but by legall Judgmt of theire Peares (uizt) by accon brought and uerdict of a Jury of 12 men of the Neighbourhood which Not withing Sampson Waring either upon pretence of letters of Admcon upon the Estate of the sd Robert Brasseiur decd: which cann noe way entitle him to meddle the [p. 316] lands of the said decd or as Guardian to Robt Brasseiur nephew to the sd Robert Brassieur upon false surmises & presumptions and wthout accon brought, an Order unto the sherriffe of the said County to out yor petrs then and still unheard of theire lawfull and quiett posson Extrajudicially and unduely hath Obtained and them the sd Thomas Touey Thomas Frost and Tho: smyth Out of the said land by uertue of the said Order cast, Contrary to law and right reason Upon Consideracon of which yor petts humbly pray yor Honnors Order to reuerse the said Exstrajudiciall and undue proceedings, and to restore them to theire possessions both of lands and Goods upon the sd lands to yor petrs any wayes belonging till according to the Justice of yor Honnors Courts upon the truth appearing in a legall way yow shall see cause to out them of the said lands and Goods by the last will of the said Robt Brassieur the Elder to them bequeathed or to Continue them as they hope yow will finde Just Cause And (as in duty bound) they shall pray &c Know all men by these prsents that Wee Thomas Frost Thomas Touey and Thomas smyth of Caluert County in the Prouince of Maryland planters haue assigned Ordained and made and in Our stead and places put and Constituted Our trusty and well beloued freinds Wm Caluert Esq John morecroft and John Gittings gent |
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Volume 57, Page 75 View pdf image (33K) |
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