Archives of Maryland, Volume 0091, Page 0035 - Somerset County Judicial Records, 1687-1689

Somerset County Judicial Records, 1687-1689

35
but a prosedendo thereon awarded: Wee therefore Comand you that you proseed to
heare give Judgement & determine all Cause or Causes depending in yo^r: S^d: Court betweene
the Said Henry Smith and the said John Rouselloe & after Judgem^t: execucon to award as if
the Said Habeas Corpus had never issued out as aforesaid witnes o^r: Selfe the 28^th: day of
Sept^br: in y 12 year of our Dominion &c Annoq Do^m: 1687 Edw^d: Boothby Clke:
underwood
The Court Comands A Jury the plt & def^t: Joyne issue
The Jury Impanelled & Sworne vizt m^r: John West foreman: Marsy ffountaine Rowland
Bevands: John Starrett: John Outen: Edward ffowler: Tho: Laremore: Tho: Gorden: mannus
Morris: George Collins: ~~George~~ Jn^o: Parker Richard Crockett ~ ~ ~ ~ ~ ~
decl^a: read vizt
Sommerset County Ss John Rouselloe late of this County was attached to answ^r: unto Capt^a:
Henry Smith in a plea of Debt &c
And whereupon The plte by Thomas Poole his attorney Comes & Saith that he the S^d: John
upon the 26^th: day of March in the year of o^r: 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 Co^rt: more plainely apeare by a Certaine bond w^ch: wee have here in Co^rt:
to produce under the hand & Seale of him the s^d: John Bearing date as aforeS^d: wherein the
Said John Did binde himselfe his heires executors and adm^rs: to pay the summe aforesaid
unto the plte his heires executo^rs: adm^rs: & 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 Jn^o: Doe
pro quer Tho: Poole Pledge de P^o } Richard Roe
And the said John Rousaloe Def^t: by his Attorney John Taylor Comes & Sayes allwayse
ready to pay unto the said Smith according to obligation & whereupon the def^t:
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 Som^r:set in y province aforesaid doe acknowledge & Confess o^r: Selves to
be firmly & Justly indebted unto Capt^a: Henry Smith of the County & Province afores^d:
Gent^l: in the full & Just sume & quantity of Twenty Thousand pounds of good Sound
Marchantable Tobacco in Caske due to be paid to y Said Capt^a: Henry Smith his heires
executors adm^rs: or assignes to the w^ch: payment well & truly to be made & paid
wee the Said John Rouselloe & W^m: Harper Doe binde our Selves our heires executors
& adm^rs: Jointly & Severall firmly by these presents as witness our hands & Seales
the twenty Sixth day of March Annoq Do^m: 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 Capt^a: 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 10^th: 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 W^m: Harper WH Sealed
marke marke
Som^r:set County Ss: John Webb witnes above named this day to witt y 9^th: day of Aust A^oD^o: 1687
Came

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Somerset County Judicial Records, 1687-1689

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