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March the 11th. 1690/1 ( 74 ) Which sd Order is as appears upon Record Lib A.W. folio (73) The sd Dept Clerk viz. John. West told the Court, that if there worships would please to pass the foresd Order, that if broke, it should be of Some heavy fine or other punishment, as the Court should think meet, agt the party offending, then he the sd Clerk would take no advantadge agt the sd Dent. but the judge of the Court answered, that they could not make any Such Order, only what was past already. ----- William. Willmott Mercht. plt The sd Lane being Called appeared, and denied the Execcutorship agt which was all that passed at that time George:Seaward & Walter Lane dfts Extrs of ye last will & testmt of Jo:Seaward - - - - - - - - - - - - William: Brereton. plt. De~: Read agt. Somerset County Ssc. Walter Lodge of this County Chyrurgeon and ffrancis Walter: Lodge & ffr.Martin defts Martin of the same County Planter, were attached to answer unto William - - - - - - - - - - - - - - Brereton of the same County high Sheriffe in a plea yt they render fourteen thousand pounds of tobacco and Caske which to him they owe and unjustly detein. And whereupon the plt by Peter Dent his Attorney comes and sayes that upon the fourth day of March Ano Domi 1689/90 the said Walter Lodge and ffrancis Martin defts. did acknowledge and confess them Selves to be firmly and justly indebted unto the plt in the full and just Sum of fourteen thousand pound of good sound Merchantable tobacco in Caske payable to the said plt. his Heirs, Execcutors or lawfull Attorney, as appeareth more fully by a Certain instrument under the hands and seals of them the said defents of the date above specified which is here in Court produced wherein the said defents, did bind themselves, or either of them their Heirs or Extrs for the whole joyntly and severally for the true payment of the said Sum of 14000lb. Of tobacco The Condition of the sd instrument being such that if the said Walter Lodge did make his appearance before the Justices of this County Court to be holden upon the second tuesday of the abovesd instant month of March and there to answer unto John Loader in a plea that he render unto the said Loader Six thousand eight hundred and fourty four pounds of tobacco, which to the said Loader he oweth and unjustly deteineth, yet notwithstanding of the sd instrument the Condition of the same is altogeather broken, and so the said 14000 , of tobacco became due as if the said defents in the said Sum without a Condition in as much as the said Lodge and Martin the Bond hath forfeited by the manifest breach of the sd Condition which was the appearance of the sd Lodge &c to answer &c. the second tuesday in March which is not Complyed with according to the tenour of the sd Bond or Instrument, which said Sum the plt prayes judgment for by this his suite. Jno: Doe Dent pr Quer. / pled prsecute Rich: Roe William: Brereton plt Walter: Lodge & ffrancis: Martin defts Ant the defts by Edward Jones their Attorney Comes and defends the force & injury, and saith that the plt action is dead in Law. And further saith that mr. Richard:ffarewell the Attorney of mr. John:Loader, did draw Bonds of Arbitration, with Walter Lodge to Arbitrate the difference in the said suit as will appear by Evidence here in Court, & there upon they put themselves upon the Court pr Quer Edward Jones. |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 74 View pdf image (33K) |
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