Volume 67, Page 246 View pdf image (33K) |
246 Provincial Court Proceedings, 1677/8. Liber N N To the Hon Governor & Councell of the Province of Maryland Henry Bartholomew & John Browne Inhabitants of Salem in New England with all due respects desires to prsent & leave to yor Honors consideracon That whereas itt hath pleased the great & righteous God to permit that the violence of a distemper was so farr prevalent as to occasion James Bmowne sometymes an Inhabitant of Caecil County in the Province aforesaid as some say to be accessory unto his owne death, the which in itt selfe as itt is very sad, so upon every fresh remem brance is very grievous & heavy unto us & others of his neer & deer relacons, doe therefore hope that upon yor Honors serious con sideracon of the prmisses you will be pleased so to order as that itt may not be made yet more heavy & grievous unto us by detaining or proceeding not according to equity & Justice And first we desire to acquaint you, that whereas by yor Honors direccon we were co mended to a person for advice in order to our proceed in the case, we have accordingly so done, & from him had good encouragemt as to the equity of our cause, yet was not willing on our behalf e to undertake itt, whereby our proceed in order to an issue is hindered, so that att ptsent we know no better way then to prsent & leave itt to yor Honors first we desire to reminde yor Honors that you will be pleased to consider the Coroner who Is better known unto you then unto us, & whether he might not from selfe respects seek to ingratiate himself by procureing such a verdict from the Jury, which verdict if yor Honors please to weigh & consider seemeth to us to be inconsistent with truth the ground of our apprehension is, because that in their Oath they say, he was himselfe alone & yet tooke a pistoll in his right hand charged as they say & sett itt to his fore head & so feloniously murthered himselfe Moreover the most of the Jury that we have spoken with doe affirme that they never tooke such an Oath. Next we desire to reminde yor Honors concerning the plantacon which was setled in ifarley, that itt may be considered upon what ground itt was taken away; all the ground we finde for so doeing is, that there was an informacon given that itt was sur reptitiously taken upp by Capt Howell But if yoT Honors please to p. 494 have the Records Searcht, we doubt not but you will finde that there was a due & true right to the land from the first Proprs & so by Conveyance to Captaine Howell & from him to James Browne Now if there were any thing omitted in the entrance of these Conveyances from one to another by any Officer of yours, if so itt shall appeare we entreat yor Honors we may not suffer thereby Moreover we desire yot Honors to consider that my Lord hath not only given a grant for Resurvey of all the land belonging to James Browne, wherein this ffarley is included, but accordingly itt was by order Surveyed & returne made & entred in the Record, by all which we |
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Volume 67, Page 246 View pdf image (33K) |
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