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(163) Their Maties agt Somerset County Ss The Jurors for their Maties. being Sworne upon ye holy Daniel: Selby Evangelists at a County Court held for the body of this County doe present and find that Daniel: Selby of this County Planter, hath most audaciously arrogantly and contemptuously Refuse and deny to be aiding and assisting to William Wouldhave Constable after that the said Selby had been twice required in their Majesties Names by the said Wouldhave Constable, who upon the 19th. of May was in pursuite of James Minor Cordwinder, which sd Miner was their Maties. Prisoner and excaped from the Constable and by him found at the house of the said Selby. Now their Maties. Attorney Comes and sayes that whereas the sd Minor by vertue of a Warrant from Mr. Samuel: Hopkins One of their Maties.Comrs for this County was apprehended (on Examination of Evidence for fellony Comitted by his Nigro and him Selfe, by the sd Constable and from him escaped, where the said Selby did not only entertein, but after the Constable had there retaken the said Minor did peremterily deny his assistance, but did aid defend and abscond the prisoner whereby he escaped and frustrated judgment & condigne punishment according to Law. Wherefore their Maties. Attorney Craves judgmt may be entered agt the said Selby for his Contempt of their Maties authority and buse of Government according to Law &c. James: Sangster. Clk. Indtmt. The Deposition of William Wouldhave their Maties Cunstable in Bogatenorton hundred, saith that being imployed and impowered by Samuel:Hopkins one of their Maties Justices of the Peace to apprehend and Secure the body of James: Minor, and in Order thereunto to Comand aid and assistance from any person or persons as the Deponent should so cause, the said Deponent making search for the said Minor, did find him in the house of mr Daniel: Selby, and the sd Minor resisting and laying violent hands on the deponent your Deponent. did Comand the said Daniel:Selby, in their Maties names to aid and assist him, the which he the said Selby peremptorily refused saying it was not his business neither would he doe it but in stead of assisting as was required he was the only cause of the said Minors escape. your Deponent telling the sd Selby he could not answer what he had done, the sd Selby replyed that the Deponent had no business there, the sd Minor being the sd Minor being escaped but not farr from the said house it being the 19th of this Instant Month at night your Deponent desired the sd Selby to advize the said Minor not to stand it out against authority for it would be worse for him, or with him so doe and so departed the sd Selbyes house for that night, And the next morning repaired thither again to see what might be effected in the premisses but all to no purpose, The said Minor made his escape towards Accomack, this your Deponent, saith and further saith not. Sworne before me this 26th. day of May 1690 William: Wouldhave Wittness my hand Samuel: Hopkins The Indictment and Deposition being Read before the sd Selby at the Barr, to which sd Selby pleaded not guilty and for tryall put himselfe upon a Jury. which Jury was legally impannelled and duely sworne upon the holy Evangelists whose names are as followeth viz John: Bozman: William Robbinson Jno. Bowns.Alexander Thomas. Moses: ffainten Robert: Polke. Ralph:Milbourne. Samuel:Shewel. Jno. Tarr William: Bozman. Matthew Scarbrough. Thomas:Oxford. who having heard the totall proceedings goes forth to determine the same. ----- And being returned do bring in this following verdict viz Wee the Jurors find Daniel: Selby guilty of the Indtmt given in by John Bozman. Which Verdict was Ordered to be entered. Order likewise ye sd Selby give Security for good behaviour and and there upon Came the sd Selby and Capt Wm. Whittington. and did acknowledge them Selves pr Recognizance to be indebted to their Maties Selby in 10,. and Whittington in 5,. sterling money to be levyed on their goods and Chattells for their Maties uses &c. The condicon of wch Recog. is such that if the sd Selby be of the good behaviour to all their Maties liege People of this Province dureing Courts pleasure, then paying Court fees the Recognicance voyd otherwayes to be and remain in full power force and vertue. |
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Somerset County Judicial Records, 1689-1690
| Volume 106, Page 163 View pdf image |
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