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(57) Capt Henry Smith Plt Issue joynd. by way of Petion. and being on ye Docket agt John: ffranklin Defendt To the Woll the Comissioners of Somerset County the humble Petion of Henry Smith Mercht sheweth that John Cropper was indebted unto your petioner the just sum of 2444lb and Caske as per anote ampled by him charged upon him by John Roads ye petioner craveth an Order against the sd John: Cropper for the above sd Sum of two thousand four hundred fourty and four pounds tobacco and Caske and yr petioner shall pray &c Mr Cropper Sir. pay unto Henry Smith or Order two thousand four hundred fourty and four pds of tobacco and Caske it being the ballance of an Order Court obtained agt the estate of Ambrose White; your Loving friend John: Roades. ----- 14th. June 1682: - - - - Accepted pr me John Cropper. Received of John: Cropper the sum of twenty one hundred and Seventy pounds of tobacco upon the accot. of mr John Roades I say recd this 3th. of ffeb. 1682/3: Henry Smith Thomas: Pool Senior made Oath in Open Court that the said John Cropper did assume payment after date of this last receit of the above sd Sum of 2444lb of tobacco; which by the Court was weighed and considered to be justly due to the sd Smith and the thereupon, the Court Orders the said Admr. of the sd Estate of John: Cropper to pay the same. - - - - - - - - - - - - - - - - - Capt Henry Smith requires a Coppie of the order of Court agt the sd Admr to be drawn out and sent him. upon Court day which was done which proceedings in Short are as followeth. - - - - - - - - - - - - - - - - Maryland Somerset Ssc. Att a County Court held by their Maties Justices of ye peace the 13th day of March Ano Dom 1689/90 --------- Capt Henry: Smith in propia prsona per petion Sues to the Worll. Court for an order agt the Admr of John Cropper deceased for 2444lb. of tobacco and Caske, which Sum aforesd the said Smith makes appear to be just and due, both by Oath and under the sd Croppers hand as upon Record doth more amply appear, and therefore the Court having Considered ye psrmses doe order the sd Admr to pay the abovesd Sum viz 2444 pounds of tobacco and Caske to the sd Smith Their Maties agt Vera Copia pr John: West. Dept. Clk. Cur Count Somerset Teague Riggin Snr Teague Riggin Senior. Come before the justices wth. his hatt on in time of Court, and for yt and Cursing is fined according to law, also ordered to sitt four hours in ye stocks, wch he did Likewise the sd Teague ordered to find Security for good behaviour. And thereupon came mr. Richard ffarewell and by Recognizance became bound with the sd Teague in 5,:& 10,:^sterl the Condition of wch sd Recognizance such that if the above bound Teague to be leavied on Riggin be of good behaviour and abearance to all their Maties Lieg. people of their goods & chattels this Province dureing Courts pleasure that then this Obligation to be voyd lands & tenamts and of none effect, otherwayes to be & remain in full power force and vertue for Maties uses &c. (57) March 13th. 1689 Comissioners present Capt David Browne. Mr ffrancis Jenkins Capt Robert King Their Majesties Mr. James Round, Mr. Samuel: Hopkins Mr Edmund Howard agt Mr Thomas Jones. - - - - - - - - - - - - - - - Donack. Dennis - - - - - - - - - - - - Somersett County Ssc. Donack Dennis of this County was attached to answer before their Majesties Justices of the Peace in Court sitting the 13th. of March 1689/90 what shall be objected agt him in behalfe of their Maties. And Whereas the sd Donack Dennis upon the 25th day of ffebruary last past the said Donack at his house in Nusswadox to admiration did most shamefully and ignominiously by words abuse their Maties Comissioners for this County calling them Rogues Rascalls and fools, for Whipping his servant, and then and their did call their Oath & office in question, averring that they had done more then they could answer, and for their injustice done said he would have satisfaction. and not only satisfyed with his abuses and villifying language agt the whole Court in generall, but in presence of Capt David Browne and mr William Brereton. The said Donack did threaten the sd Capt David Browne as Judge of their Matioes Court for this County with other abusive and scurrilous language the most venemous and spitefull att that time he could invent or imagine, calling the sd Browne Rogue in particular and imprecating him with danation Now their Maties Attorney comes and sayes that the sd Donack hath not only villifyed and abused their Maties said Comissioners of this Court but called their Oath and Office in question contrary to law. and repugnant to that Sound maxim (de fide et Officie Magistratum non est argumendum) but also by the sd example of abuseing the Court, gives occasion to the good people of this Province to Contemne the authority and the people of this Province, also to despise the Magistracy to the breach both of the sacred Laws of God and wholsome Laws and institutions of this Province, and Craves judgmt. maybe entered agt the sd Offender according to Law &c. James Sangster Clk Indt. The Deposition of Joseph Thaxter Mercht. being at the house of Donack Dennis upon y 25th. day of ffebruary last or thereabouts where he see Capt. David Browne and mr William Brereton and did to admiration hear the said Dennis, in a most rude and shamefull manner, by words abuse the said Capt Browne and Brereton calling them Rogues Rascalls and fools for whiping his servt. telling them that they and the Court had done more than they could answer, and for which injustice done he would have satisfaction both of them and the Court. Mr. Henry: Lynch would gladly have persuaded the sd Dennis to a forborne his vile and rude language, but the more he would to persuade the further the said Dennis persisted in his unworthyness, so farr as he could possibly imagine utter or vent this and much more your deponant heard the said Dennis say to the same effect. And the next morning Capt Browne not being out of bed so soon as company which was their, Enquiry was made after the said Capt. the said Dennis immediatly replys (saying) Dam him hees in bed lett him lye and rott and dye and perish like a Rogue as he is and further your depont. sayeth not. Sworn to before the Magistrates herein specifyed the 13th. day of March Ano. Dom. 1689/90 Robert: King Jno: West Dept Clk Cur Court Somerset Samuel: Hopkins The Indtm & Recognizance being Read James: Round in wch ye sd Dennis pleads not guilty. and for Edmund: Howard want of further Evidences the Case is suspended |
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Somerset County Judicial Records, 1689-1690
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