35
but a prosedendo thereon awarded: Wee therefore Comand you that you proseed to
heare give Judgement & determine all Cause or Causes depending in yor: Sd: Court betweene
the Said Henry Smith and the said John Rouselloe & after Judgemt: execucon to award as if
the Said Habeas Corpus had never issued out as aforesaid witnes or: Selfe the 28th: day of
Septbr: in y 12 year of our Dominion &c Annoq Dom: 1687 Edwd: Boothby Clke:
underwood
The Court Comands A Jury the plt & deft: Joyne issue
The Jury Impanelled & Sworne vizt mr: John West foreman: Marsy ffountaine Rowland
Bevands: John Starrett: John Outen: Edward ffowler: Tho: Laremore: Tho: Gorden: mannus
Morris: George Collins: George Jno: Parker Richard Crockett ~ ~ ~ ~ ~ ~
decla: read vizt
Sommerset County Ss John Rouselloe late of this County was attached to answr: unto Capta:
Henry Smith in a plea of Debt &c
And whereupon The plte by Thomas Poole his attorney Comes & Saith that he the Sd: John
upon the 26th: day of March in the year of or: Lord 1685 became indebted unto y plte the
full & Just sume of Twenty Thousand pounds of good Sound marchantable tobacco in
Caske as will in Cort: more plainely apeare by a Certaine bond wch: wee have here in Cort:
to produce under the hand & Seale of him the sd: John Bearing date as aforeSd: wherein the
Said John Did binde himselfe his heires executors and admrs: to pay the summe aforesaid
unto the plte his heires executors: admrs: & assignes according to the tenor of the aforesaid bond
but he the said John fraudulently intending the plte to deceive of the same aforesaid doth
denie & Still doth denie to pay the aforesaid Sume of 20000lb of tobacco although often thereunto
required by the plte whereupon the plte saith that he is damnified & hath Damadge to y vallue
of forty Thousand pounds of tobacco & thereupon brings this Sute Jno: Doe
pro quer Tho: Poole Pledge de Po } Richard Roe
And the said John Rousaloe Deft: by his Attorney John Taylor Comes & Sayes allwayse
ready to pay unto the said Smith according to obligation & whereupon the deft:
put himselfe upon the Country pro John Taylor
bond read vizt
Maryland Ss Know all men by these presents that wee John Rouselloe & William Harper both of
both of y County of Somr:set in y province aforesaid doe acknowledge & Confess or: Selves to
be firmly & Justly indebted unto Capta: Henry Smith of the County & Province aforesd:
Gentl: in the full & Just sume & quantity of Twenty Thousand pounds of good Sound
Marchantable Tobacco in Caske due to be paid to y Said Capta: Henry Smith his heires
executors admrs: or assignes to the wch: payment well & truly to be made & paid
wee the Said John Rouselloe & Wm: Harper Doe binde our Selves our heires executors
& admrs: Jointly & Severall firmly by these presents as witness our hands & Seales
the twenty Sixth day of March Annoq Dom: 1685 / ~ ~ ~ ~ ~
The Condicon of this obligacon is such that if the above bounden John Rousalloe doe well & truly
& faithfully pay or Cause to be paid unto the above mentioned Capta: Henry Smith the full &
Just Sume of Seaven Thousand eight hundred Eighty three pounds of good Sound marchantable
tobacco in Caske at or upon the 10th: day of october next ensueing the Date hereof Conveniently
according to Act of Assembly or otherwise to make over the Land & plantation whereon the said
John Rousalloe doth now live on that then this obligacon to be void & of none effect or else to
remaine in full force power & vertue / ~ ~ ~ ~ John Rousalloe Sealed
Seigned Sealed & delivered in the his his
presence of us John Webb Richard H Harris Wm: Harper WH Sealed
marke marke
Somr:set County Ss: John Webb witnes above named this day to witt y 9th: day of Aust AoDo: 1687
Came
|
|
 |
