Volume 557, Page 892 View pdf image (33K) |
892 presumptuously Kept an Ordinary without Licence first had and obtained ag.t the forme of the sd Act of Assembly in that case made and provided by doeing wherof the said Isaac Caulk hath forfeited and lost Tenn Thowsand poundes of Tob Wherupon the aforsd Richard Macklin who follows as well for our Lord the King as for himselfe prayes the advisem.t of the Court in the p.rmises and that he the sd Richard may have the Moiety of the forfeiture aforsd according to y.e forme & effect of the same Act of Assembly as allsoe that the aforesd Isaac Caulk may come here into Court and to Answer in and upon y.e p.rmises Macklin p Dom Rege et seipso pled &c.a Jn.o Doe Ri Roe And the sd Defend.t by his said Attorney comes and humbly defends the Allegacons aforsd and saith true it is that the sd Defd.t did Keepe an Ordinary on the North side of Chester River within this County of Kent as his Maj.ties &c.a hath alledged ag.t him the the said Informacon But the said Defd.t by Protestace saith that att the time of the sd Defd.ts Keeping a Publick house as aforesd he the sd Defd.t was Ordered soe to doe by y.e Worpp the Com.rs of this County who he conceives hath power to grant Lycence and tolerate what person or persons as to their discretion [illegible] meet to Keep Ordinary for the Entertaining of the sd Com.rs and other the good people of this County who otherwise could not be Accomodated att the said place and farther the sd defd.t by way of protestation saith that it was not out of presumption or contempt of Authority that he the sd Defd.t did Keepe a publick house as aforesd but for those reasons aforesd all which he is ready to Aver And therfore humbly conceives the sd Defend.t is not oblieged to forfeit and pay Tenn Thowsand pounds of Tobaccoe as in the sd informacon is menconed the One halfe to his Maj.tie and the other halfe to Richard Macklin who followes as well for our soveraigne Lord the King as for himselfe &c.a and of this he puts himselfe upon the Court &c.a Earle p Defd.t And the sd Richard Macklin who follows &c.a saith that the sd Isaac Caulk hath forfeited and lost the sume of Tenn Thowsand poundes of Tobaccoe and this he prayes may be Inquired of by the Country Macklin |
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Volume 557, Page 892 View pdf image (33K) |
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