Volume 717, Page 341 View pdf image |
341 (332 6 the Defendant alleadged that the goods might be bought in the Country or that they might be duely entred and imported and the Master Estis not being here might have the Certificate of Entry but that is but an allegacon to elude the law and is possitively false for hee never made any entry here as may appeare by Smith & Underwoods Evidence and the Defend.t produced Noe single paper or evidence to prove his suggestion soe their allegacons without proofe and the Verdict there on grounded against law for all w.ch reasons the same Nicholas Sewall who aswell &c prayes the Verdict may be quashed and that the Judgem.t may pass for the said Nicholas who aswell &c according to the law aforesaid to be divided as aforesaid Which being read in the Court it was ordered that the same be Copyed for M.r Underwood And the Court adjourned till this day came fortnight being the Eighteenth day of April when the reasons are to be argued by the Attornys on both sides and Considered on by the said Justices Aprill the Eighteenth One thousand six hundred Eighty Five The Court sate againe M.r Carvile desired that the argueing the reasons might be deferred till munday come Sevenight for two reasons 1.st: because the said Nicholas Sewall who aswell &c desired to be present himselfe and heare them argued secondly because it was the Eve of Easterday Anthony Underwood for the Defend.t desired of the Court that noe further or more delayes might be These speciall Court being on purpose for sudden dispatch And therefore desires the reasons might be read: The same Read and argued And the Court will advise themselves of and upon the p.rmisses untill Tuesday next at one of the Clock being the one & twentyeth day of the said month of Aprill The One & twentyth day of Aprill 1635: The Court sate against and ajourned till to Morrow One of the Clock The Twenty second day of Aprill one thousand six hundred Eighty five The Court sate againe And the said Justices haveing fully heard and understood the whole proceedings in the p.rmisses and the argum.ts and allegations on both sides Doe say that the reasons aforesaid are not sufficient to arrest the Judgem.t aforesaid And it is by the Court here Considered That the said Nicholas Sewall who aswell &c take nothing by his said Informacon And that the said Defend.ts goe thereof without day And It is Ordered that there by payd by M.r Lynch the sume of six hundred pounds of tobacco to the said Justices for their expences charges and attendance in and upon the Comission and p.rmisses aforesaid And that the said Clerke be payd by the said Jasper Lynch the sume of Eleaven hundred Ninety foure pounds of tobacco for his paynes and Fees in and about the p.rmisses The Affidavit of Christmas Smith followeth in these words viz.t Christmas Smith sworne sayth on or about the day of February the person entitled Cap.t Estis Comand.r of the Ship Providence of Deale haveing in the hearing of this Depon.t layd open his Condicon and the dangers he was under (by reason of some prohibited goods that was then on board his ship Providence aforesaid unto Anthony Underwood promiseing the said M.r Underwood Twenty pounds Sterling Provided he had performed severall Condicons then agreed upon or otherwise that he the said Estis should us a certainety pay One hogshead of Multe on w.ch they haveing agreed by both their requests this Depon.t was persuaded to ride with the said Estis to Puttuxon and there to goe on board the s.d ship in order to settle and make (up |
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Volume 717, Page 341 View pdf image |
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