Volume 717, Page 337 View pdf image |
337 (328 First made entry of the said which with the Officer appoynted by the said Governo.r for the purpose or at other time since or before breaking of bulk deliver or cause to be delivered to the Governo.r or the said officer by him thereunto authorised and appoynted a true and perfect Inventory Invoyce or particular of the severall goods or Comoditys of the said shipp landing together w.th the place or places in which the said goods were loaden or taken into the said shipp or vessell as in and by the statute the said John Estis was required and enjoyned against the forme of the statute aforesaid in that case made and provided Whereupon the said Nicholas Sewall who aswell for the said Lord the King and the said Governo.r as for himselfe prayeth the advise of the Court in the p.rmisses and that the said shipp called the Providence of Deale may be forfeited with all guns Tackle Ammunicon furniture and apparrell and all the said goods and Comoditys aforesaid according to the forme of the statute aforesaid And that the same forfeiture may be divided into three equall parts one third part thereof to o.r soveraign Lord the King one third part thereof to the said Lord prop.ry Cheife Governo.r as aforesaid of this Province and the other third part thereof residue of the said forfeiture to him the said Nicholas Sewall Collecto.r aforesaid according to the forme of the said Statutes and that the said John Estis and Jasper Lynch may come into Court to answer our said soveraigne Lord the King the said Lord prop.ry Cheife Governo.r as aforesaid and the said Nicholas Sewall who aswell for the said Lord the King the said Governo.r as for himselfe in this behalfe prosecuteth of and upon the p.rmisses And upon this it is Comanded the sheriffe of S.t Marys County That he give notice to the said John Estis and Jasper Lynch Merchant be and appeare at as p the said Court this day to Defend themselves in the p.rmisses aforesaid Att w.ch said day to witt the second day of May Anno Dm 1685 Came the said Jasper Lynch Merchant into the Court here in his proper person before the Justices of the said Court to answere the said Lord the King the said Governo.r and the said Nicholas who aswell &c of and upon the p.rmisses but the said John Estis was not by the said sheriffe to be found in his bayliwick And the said Jasper Lynch Merchant in Court was asked by Robert Carvile Attorny for the Plts what he had to say to the Informacon why the said shipp and goods menconed therein should not be condemned lost and forfeited according to the Act of Parliament in that case provided M.r Lynch thereupon moved the Court that the Tryall might be putt oft and deferred for the space of Twelve days longer w.ch the Court would not admitt of or consent unto He alsoe sayd that he himselfe could not tell how to plead to the Informacon and that he was wanting of Councill he still imagening till tuesday last that M.r Carvile was for him M.r Carvile answered he never reced any Fee of him nor ever was his Attorny The said M.r Lynch further said that the goods in the Informacon menconed belonged to severall others in answere to w.ch M.r Carvile alleadges That he did hither to Act all in his owne name and although severall others might be conceived he was the Cheife and as it were Cape M.rchant for the whole The Court adjourned till four a Clock in the afternoone Att w.ch time the Court sate againe The said Jasper Lynch still insists for longer time before tryall But it is Ordered by the Court that the said Lynch now forthwith plead to the Informacon and come to tryall imediately And the said Jasper Lynch in his owne proper person cometh and defendeth the force (and |
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Volume 717, Page 337 View pdf image |
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