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329) 338 and Injury when &c and sayth that he is not Guilty of the p.rmisses as in the Informacon aforesaid is imposed upon him and of this he putts himselfe upon the Country And the Plts alsoe It is therefore Comanded the Sheriffe of S.t Marys County cause to come here twelve &c by whome &c and who neither &c to recognize &c because aswell &c The Affidavit of Christmas Smith Merchant sworne in the Provinciall Court last Court produced under the hand of the Clarke of the said Court but the Defend.t desired that the same should not be read as Evidence to the Jury being taken in another Court and upon another occasion But the Court admitted the same to be reade and to weigh with the Jury as they thought fitt Anthony Underwood who was a witness in this cause (after his Evidence delivered) was by the favour of the Court admitted to plead as Attorny for the defend.t Now here at this day to witt the said second day of Aprill Annoq.r Dm One thousand six hundred Eighty Five Came the said Nicholas Sewall who aswell for our soveraigne Lord the King and the Cheife Governo.r aforesaid as for himselfe by his Attorny aforesaid and the said Jasper Lynch by Anthony Underwood his Attorny likewise came and the Juro.rs of that Jury Came alsoe to witt James Cullen John Pinke Marmaduke Seunne William Guither Thomas Guither Thomas Williams Gilbert Timberfeild Jn.o Yeomans Thomas Keiton Thomas Beale WIlliam Taylard Moses Lecompt who to say the truth in the p.rmisses being elected tryed and sworne upon their oathes doe say that they find the said Defend.t Not Guilty of the Informacon above in manner and forme Imposed upon them The Court discharged the Jury and Orders that they be allowed by the said Jasper Lynch thirty pounds of tobacco a peece The said Robert Carvile moves the Court in arrest of the Judgem.t The Court demands his reasons M.r Carvile for the p.rsent gives this reason that the Verdict is both against the body of the Act of Parliament menconed in the Informacon and against Evidence likewise The Court grants the motion in arrest of Judgement And Orders that M.r Carvile give his reasons at large to the Court on saturday next being the Fourth day of Aprill at twelve of Clock of the same day And the Court adjoined till that time The Fourth day of Aprill Anno Dm one thousand six hundred Eighty five the Court sate againe M.r Carvile files his reasons in arrest of Judgem.t w.ch follow in the words (viz.t) Nicholas Sewall Esq.r who aswell for o.r soveraigne Lord the King as for the Lord Prop.ry Cheife Governo.r as for himselfe prosecuteth Plaintiffe con On an Informacon Reasons to arrest the Judgement John Estis Comand.r of the shipp Providence of Deale and Jasper Lynch Merchant of the same ship Defend.t The Informacon exhibited against the Defend.ts is for that the Defend.ts did import into this Province certaine goods and Merchandizes and putt them ashoare in this Province contrary to the Acts of Parliam.t touching trade in that case made and provided To answer w.ch Informacon process had issued against the Defend.ts to appeare in this Court John Estis the Master w.th the ship being in Virginia out of the Jurisdicon of this Court could |
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Provincial Court Land Records, 1676-1700
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