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March 11th. 1690/1 ( 72 ) Litle regarding his promise and assumption but fraudulently intending the plt to deceive of the sd 49 hides although often thereunto required,whereupon the plt.saith he is damnified and hath damage to the value and Losse of four thousand pounds of tobacco and thereupon brings his suit. pr Quer Edward Jones. Attorney for plt Jno. Carter. & Evidences for plt mr, Peter:Dent. Attorney for deft Wm: Jenckins} but not Examined - Declaration being Read, this Court has Ordered Spetiall bail, or the bail Bond to be assigned to the plt. - - - - - - - - - - - - - - - - - Their Majesties Somerset County Ss. John: Carey of this County Planter was agt Somoned to answer their Maties in a plea of debt, and where John: Carey. upon their Maties Attorney Comes and sayes that the deft. John - - - - - - - - - Carey is and Stands indebted unto their Maties in the full and just Sum of Twenty pounds Sterling money as appeareth by a Recognz Entered and Engrossed the 11th. day of March Ano. Dom. 1689.upon Record at a County Court held the day and year aforesd. the Condition of the said Recognizance being Such that if the sd Carey deft should well and truly keep their Maties Peace,and be of the good behaviour and abearing to all their maties good people of this Province, then the sd Recognizance to be void &c But so it is that the sd deft litle regarding the Said Recognizance, the Condition thereof hath broken, and upon the 11th. day of November last past at the house of Andrew: Whittington Innholder, was put into Custody for Swearing, drinking till he was drunk, and fighting before their Maties Justices of the Peace in Court Sitting adjudged guilty whereby the said Recognizance of twenty pounds Sterling money became forfeit to their Maties. Therefore Craves judgment may be entered agt the sd Carey as in Law is provided. Ja.. Sangster. Declaracon being read the Court demanded of the sd Carey, if he had any reasons to show why judgment should not be entered agt him, according to Law. ----- The sd Carey made Small defence for him Self totally referring him Self to the favour of the Court, humbly requesting his evidences might be examined , which to the sd Carey was granted. Evidences examined were Robert Downs and Wm: Curry for ye deft. who both affirmed that they See John: Covington and Nehemiah Covington Strike the sd Carey, likewise Wm.ffauset strook sd Carey Wm: Curry saith he see Jno. Covington Strike the sd Carey twice in the face before resistance made, then the sd Carey threw the sd Jno. downe. then the sd Nehemiah Covington came saying ile end the quarel strike the sd Carey. // all which being Considered by this Court // It is Ordered that the sd Carey pay the principall debt viz twenty pounds sterling money, with Cost of Suit C mr ffrancis: Jenckins and Capt. John: Winder doth not assent. to the aforesd judgmt of the Court. - - - - - - - - - - - - - - - - - - - - - - - - - - - Memorand. Coll. Browne judge of the Court at that time before mr Jenckins & Capt Jno: Winder, in the abovesd tryall of their Maties. agt Jno. Carey. gave his judgmt agt sd Carey before he askt the judgmt. of sd Jenckins and Winder. |
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Somerset County Judicial Records, 1690-1691
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