15 SEPTEMBER 1692

 

33 ~  Court convenes; Commissioners present: Francis Jenckins, Thomas Newbold, Samuel Hopkins, George Layfield, Capt. John King.

 

33 ~  Court orders that Thomas Jones be taken off list of tythables charged to Arnold Elzey.

 

33 ~  Petition of Thomas Wilson to have a recently purchased servant removed from list of tythables, since he died the previous morning; granted.

 

34 ~  Note from William Round to Francis Jenckins concerning Alexander Humber entered on record; Rounds says Humber came to his house very weak and sick and is now under Round’s care; asks that county provide for him, “so that he may be removed from my house immediately after Court for he is very offensive both of sight and smell”; Mr Hopkins or Mr Sineck can verify; Court orders James Round and Samuel Hopkins to investigate.

 

34 ~  Petition of John Webb asks that Major Robert King, administrator for Estate of John Galbraith, be ordered to pay Webb 14 shillings and 383 lbs/tbco from the estate; Webb’s itemized account of Galbraith from May - July 1691, signed by James Papson, entered in record; King admits debt; Court orders payment.

 

35 ~  Memorandum signed by Thomas Jones stating reasons why judgement obtained by Francis Gunby against Jones in March 1691/2 should not be executed: (1) the action had concerned the taking and selling of a horse fourteen years earlier and was too old; (2) the order should have been for fourfold damages but was not; (3) if jury and Court concluded that he had acted under orders then judgement should only be for amount on account, which Jones is willing to pay in any case; (4) some irrelevant considerations; Court orders Jones’ reasons entered in record; no action.

 

35 ~ Deposition of Thomas Relph, aged 41, dated 15 September 1692; states that about a year earlier William Burch had called Thomas Porter a “hogg stealer” and would prove it.

 

35 ~ Joseph Gray admits debt of 6600 lbs/tbco owed to William Brittingham; cites earlier Court record in Liber BWZ (folio not cited).

 

36 ~  Case against Thomas Williams; 12 evidences provided testimony to the Grand Jury: Thomas Evernden, Thomas Stockwell, William Reynolds, Michael Williams & wife Patience, Rozannah Boyer, William Tisdale & wife Anne, Andrew a Dutchman, Rebecca wife of William Planner, Rebecca Stevens, Frances wife of Thomas Williams; indictment presented by James Sangster; states that Williams had fathered a bastard of Mary Berry and they had conspired to kill the infant at birth and feed its remains to hogs so as to avoid discovery. (See Transcription)

 

37 ~ Grand Jury considers the case; returns ignoramus (no indictictment).

 

37 ~ Deposition of William Reynolds (Renolds); attests to domestic conflict and bitter words between Frances and Thomas Williams.

 

37 ~ Deposition of Rozannah (Rose) Boyer; attests to conflict between Frances and Thomas Williams.

 

38 ~  Deposition of Thomas Stockwell; attests to conflict between Frances and Thomas Williams.

 

39 ~  Testimony of Andrew Chappin; attests to conflict between Frances and Thomas Williams.

 

39 ~  Having considered the evidence, Court orders Thomas Williams to give security for his good behavior; Williams makes bond for £50, securities Robert Catline, John Tayler.

 

39 ~  Case against Peter Whaples for aiding William Morris while under Hue and Cry; James Sangster, Clerk of Indictments; pleads not guilty; Sheriff calls Jury: Samuel Handy (foreman), John Parsons, William Warwick, John Roach Sen., John Heath, William Beddard, William Dempson, John Renshaw, Benjamin Idlett, Richard Tull, Francis Martin, Ralph Milbourne; evidence given by John Walker, George Benson and wife Anne.

 

40 ~  Jury returns guilty verdict; Whaples to serve 50 days work with diet and tools, and post security for good behavior; Jury to receive customary fees at (Andrew) Whittington’s.

 

41 ~  Bond on Peter Whaples for £20 for his good behavior; securities Capt. William Coulbourne and Hough Porter.

 

41 ~  Bond on Peter Whaples for 5000 pounds of tobacco to perform and pay 50 days work, with diet and tools, when directed by the Justices of Somerset County; securities John Webb and Robert Pirrie.

 

41 ~  Grand Jury hearing on case against Thomas Porter for abusing the Sabbath, stealing 2 barrows and a sow of Francis Jenckins, valued at 800 lbs/tbco, and injuring several of Jenckins hogs; James Sangster, Clerk of Indictments; evidences: William Elgate, David Harris, William Burch, William Layton; Porter pleads not guilty; Grand Jury returns Ignoramus.

 

42 ~  William Morris bill to John Pope (no specifics) proved in Court by oath of William Henderson.

 

42 ~  Grand Jury returns bills of indictment (not specified) and is dismissed; actions placed on the docket.

 

42 ~  Francis Jenckins, administrator for estate of Samuel Cooper, enters account dated 13 September 1692 on record; assets: 4409 lbs/tbco: expenses: 4471.5; balance due Jenckins: 66.5 lbs/tbco; includes items mentioning James Round, Capt. John Woodward, James Alexander, Samuel Alexander, Joseph Grey, William Coulbourne (tanner), William Henderson, Hope Tayler, Francis Benston, Francis Benston Jun., Francis Alexander, John Webb, Capt. Henry Smith, John Tayler;

 

43 ~  Case against Edward Day; Day appears per Court order to bring security for orphans estate of Capt. Thomas Walker; makes bond for £600 sterling to Thomas Walker, son and heir of Capt. Walker, to ensure payment of his due inheritance when he comes of age at 21; securities: Walter Lane, Richard Stevens.

 

43 ~  Peter Bodkin, merchant, Pltf. vs. Walter Lane, administrator for estate of Josias Seaward, Deft. for debt of £2/10/6½ owed by Seaward; Peter Dent, attorney for Bodkin, presents account itemizing various comestibles dated 12 July 1690, witnesses Stephen Luffe, George Layfield; Walter Lane admits debt; Court orders payment, with costs.

 

45 ~  Dr. John Vigerous, Pltf. vs. Walter Lane, administrator of estate of Josias Seaward, Deft. for debt of 430 lbs/tbco; Peter Dent, attorney for Vigerous, presents bill dated 23 August 1689 itemizing various medical treatments provided to Seaward; Walter Lane admits debt of 300 lbs/tbco; Court orders payment as declared, with costs.

 

46 ~ Court orders actions of Dr. John Vigerous on the docket be continued until next Court, since he had to absent himself.

 

46 ~  Case against Lawrence Crawford for not executing Court order of June 1691 concerning orphans of John White whose widow, Sarah White, (sister of William Stevens), afterwards married Crawford; issue centered on 200 acre tract of swamp land to be conveyed to White’s legatees; Crawford submits note of “causes” citing various legal difficulties with taking actions, principally the fact that the legatees were not yet all of age, so formal conveyance of title could not be effected; Crawford also points out that Court does not have jurisdiction over titles for land; cited several earlier Court cases as examples (John Kellam vs. Hodgson, James Round vs. Robert Howard); also suggests Justices read their commissions.

 

47 ~  Court considers Crawford’s causes and orders him to post security for his obligations to John White’s orphans; White asks for a day to make arrangements; record notes that Crawford appeared following day, but was not able to post bond and was put in Sheriff’s custody pending security.

 

47 ~  Case against John Hepworth of Annemessex Hundred for fornication with Sarah Davis, wife of Thomas Davis, and openly boasting of same and calling her a whore; James Sangster attorney of Indictments; Hepworth denies guilt and places himself on the Court; Court fines him for being drunk, by his own admission; orders him to post security.

 

47 ~ John Hepworth makes bond for £10 to be of good behavior; securities: John Roach, Sen., Benjamin Sumers.

 

48  ~   Case against Hannah Holland, spinster, for  fornication and bearing a bastard; James Sangster Clerk of Indictments makes charges; Holland names Edmund Beauchamp as the father; Court orders Beauchamp to appear next Court; Holland to post security and get 21 lashes; administered forthwith.

 

48 ~  Hannah Holland posts £10 bond to be of good behavior and to appear at next Court as witness against Edmund Beauchamp.

 

48 ~ Court orders Jone Farlow to appear in next Court concerning Edmund Mcdonell

 

48 ~  Court orders summons for Sarah Dorman to appear as evidence for James Barry against Donnam Olonman.

 

48 ~  Petition of Archibald Smith concerning John Trubshaw, son of John Trubshaw, deceased; will of his father leaves him plantation, to be received when of age; Smith asks Court for custody of the plantation, currently leased by William Means; Smith will live on it; Court quashes the petition since the will was not presented. 

 

49 ~  Petition of Andrew Smith to be released from service of John Jenner and receive the tools, corn and clothing due him at completion of apprenticeship; Smith had originally apprenticed to James Traine in Ireland to become a blacksmith, but Traine died 16 months later and his widow Magdalina afterwards married John Jenner; Smith claims that Jenner had used him as a common laborer contrary to the terms of indenture and kept him beyond its expiration; Court orders Jenner to appear in next Court and bring the indenture with him. (See Transcription)

 

49 ~  Grand Jury petitions that bridge at Nanswingo be repaired; Court orders Rowland Beavens to do so,  be paid from next county levy.

 

50 ~  Case against Martha Smith for fornication and bearing a bastard; Smith pleads not guilty, saying her husband was the lawful father, which was confirmed by others, although the husband is absent; indictment quashed; James Sangster Clerk of Indictments.

 

50 ~  Case against George Collins for absence from Grand Jury in June; quashed by Court; Collins to pay fees.

 

50 ~  Case against Samuel Fluellen, planter and Constable for Nanticoke, for failure to appear in March and November Courts as required; indictment quashed; Fluellen to pay fees; James Sangster Clerk of Indictment.

 

51 ~  Case against Leonard Jones of Nanticoke for failure to appear in Court as ordered; indictment quashed; Jones to pay fees; James Sangster Clerk of Indictments

 

51 ~  Case against Phillip Conner, planter, for failure to appear as evidence in trial of William Cheesman; Court dismisses charge as Cheesman’s case had not been decided, but requires he return as evidence; James Sangster Clerk of Indictments.

 

52 ~  Case against Sarah Tayler, same charge and same result.

 

52 ~  Report of John Emmet and William Planner, appointed to appraise goods of estate of William Hearne, that a negro man named Hercules was valued at £21 sterling; dated 23 --- 1692.

 

52 ~  Francis Jenckins. Pltf. vs. James Inglish, deft. for 1300 lbs/tbco;  Jenckins presents a note for 1343 lbs/tbco signed by Inglish, dated 24 February 1686 in Pocomoke; Inglish admits debt; ordered to pay.

 

53 ~  Francis Jenckins, Pltf. vs. James Inglish, Deft. for 184½ lbs/tbco; Jenckins presents Inglish’s account from 1688; Inglish admits debt; ordered to pay with costs.

 

54 ~  Court adjourns for the day.