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(149) 158) against his servant William Bourne w.ch is as Followeth viz To the Comiss.rs of this present Court The Complaint of Jonas Rigby sheweth That Whereas hee hath a sarvant man a Cooper by name William Bourne who Did absent my service upon the third of October last and hath been entertained supported & instigated against mee all this time in so much that I know not att present my owne Damage soe that I makeing my Complaint before Cap.t Francis hee was bound over with security to answere mee this Court Therefore I would entreate this Court to take into consideracon they haveing surprised mee in all that may tend to theire purpose have retained all the Attorneys of Creditt in our County as I know of and County likewise and acquainted most of the Magistrates of theire businesse & County likewise in soe much by theire ill carriage and add report against mee hath caused a greate reproach and seand all upon my good name & Creditt by w.ch I have suffered much soe that my Cooper w.th my bad neighbours hath Judged me already supposeing that they haveing entertained the two cheife Attornyes that I am left without helpe to make my Complaint according to order and instance in this Court and therefore Doe intreate this Court the former premisses considered to except of this my Complaint with what I can informe you my selfe and by your good apprehensions of the case ye will grant mee my Just service due from this William Bourne w.th my cost charge and trouble and other damage sustained thereby and that hee bee made to prove his Certifficate to bee true or else noe Certifficate of force James Rigbie And the same day (to Witt) the eleaventh day of November aforesaid came the aforesaid William Bourne by George Parker his Attorney and Henry Hauslope his Attorney alsoe and pleaded to Complaint of the said Rigby here above Whereupon Sam.ll Phillips Comander of the shipp Crowne Mallago subpœna'd for the plantiffe was called whose Deposition was as followeth Sam.ll Phillips aged about forty six yeares being sworne and examined in Court sayth That when James Rigby was bargaineing for his sarvant William Bourne there was some dispute about an Indenture and that in the Indenture then seen by the Deponent there was in the Line for terme of yeares something scratched out and the word (three) written above it And further this Deponent saith not Whereupon after full hearing of the seaverall allegacons and pleadings in and upon the Complaint aforesaid as alsoe the Deposicon of the said Samuell Phillipps This Court is of oppinion that the above menconed William Bourne sarvant to James Rigby came into the County without any Indenture and it is considered here that the Oath of the said Phillips bee entered upon Record and that the said William Bourne shall returne to his said Masters service thereto remaine till a Copy of his Indenture if any there bee may in a twelve months time bee procured by the said James Rigby out of the Office where the same is Enrolled & if itt shall appeare that the said sarvant Did come into the County with an Indenture and that by the Copy of the same Indenture to bee procured as aforesaid the said sarvant ought now to have beene free then then the said James Rigby shall render such satisfaccon & recompense to the said William Bourne for such time as it shall bee manifest that hee shall have Overserved the said Rigby as this Court in theire Discression shall thinke fitt And thereupon George Parker Attorney for the said William Bourne prayed that his plea for the said Bourne might bee entred on Record but the same would not bee admitted after Judgment Mem.dum That the said George Parker Attorney for the said Bourne Did likewise pray an appeale from the Judgment Given by this Court upon the Complaint above and that the said cause might come before his Lo.pps Justices of his prov.all Court to bee held at his Citty of St Maries on the day of February next ensueing &c but the same appeale was alsoe Denyed Vera Copia Ri Boughton Clke |
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Provincial Court Land Records, 1676-1700
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