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xber 10th. Anno. Dom. 1690. ~ ( 16 ) which said Papers he desired might be recorded by the Court Order, they being in Order to discharge the aforesd John: Kirk, of and from any further trouble in a Certain Administration, which he had assumed on the Estate of One Edward ffurlong late of this County deceased there being no more assetts &c. as he affirmed. upon which mr. ffrancis Jenckins rose up and desired the Court that they would please to take notice of a Scieri facias that he had some time before taken out out agt the sd Kirke Admr of the Estate of the sd ffurlong and had judgment thereupon &c. which had not been complyed wth according to Law, that the said letters had not been granted by the Court and therefore cautioned the Court that they might not be surprized. That the said Lane was no wayes concerned in the matter, upon which Walter Lane (no wayes provoked, by the said Jenckins) did very Scurrilously in the face of the Court assert that the sd Jenckins had surreptitiously obteined the aforesd scieri facias. mr. ffrancis Jenckins then proved that he had legally obteined the same, Referring him Selfe to the Records, after severall abuses and high words offered by the said Lane. The said Lane said these words following: if it were done by mr Jenckins he must needs say it was knavishly done of mr. Jenkins, mr Jenckins being then Somewhat moved not only as to the affront done to him in his private Capacity, but also to his public (being then president or Judge of the Court, said he would not be afronted by any Irish papist in the land this wee do Solemnly affirme to be the truth in Every perticuler as witness our hands and Seals the 26th of September. 1690. Thomas Newbold ? sealed Edmund: Howard ? Sealed The aforesd Jury having deliberately Considered all the foregoing proceedings returns, bein called Over and examined, were unanimously agree, the verdict being delivered was read in the audience of the said Lane, as followeth, viz Wee the Jurors do find Walter Lane guilty of charging mr mr ffrancis Jenckins with knavish actions as he was sitting as president of the Court (held for the County of Somerset upon the 11th day of June last past) in Obteining a Scieri facias agt John: Kirke Admr of the Estate of Edward ffurlong. Samuel: Collins foreman Courts judgmt upon the verdict, that Walter Lane be fined twenty five dayes worke to be paid when demanded by the Court, as also pay Cost of suit , and find Security for behaviour Whereupon Came the aforesd Walter Lane and by Recognizance did acknowledge him Selfe to be indebted to their Maties in the sum of Tenn pounds Sterling money of England, and his two Securitys in 5,. apiece like money aforesd to be leavied on their good chattels Lands & Tenements, for their Maties. uses &c. The Condition of which Recognizance is such that if the above bound Walter Lane, be of the good behaviour and abearance to all their Maties Liege people of this Province but more espectially towards mr. ffrancis Jenckins of our sd County dureing Courts pleasure, as also pay fines and fees then this Recognizance to be void and of none effect otherwayes to be and remain in full power force and vertue. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Peter: Whaples plt Sangster pr plt agt Dent pr defend } Attorneys = Issue joind, Decl. read. Nicholas: Hartnell deft pr Consent refered to a Jury. |
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Somerset County Judicial Records, 1690-1691
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