Volume 717, Page 829 View pdf image |
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829 (809 Before them respectivly may in noe manner of way Interfere w.th Affaires which lye before any of such Judges in any other Courte or place in another Capacity That y.e Diffrence between y.e Peticon.rs and y.e Defts in y.e s.d Courte of Chancery relates in a great measure to y.e Estate of the s.d Richard Gardiner in y.e circumstances it now stands in y.e Comissaries office before Kenelm Cheseldyne Esq.r y.e Present Comissary Gen.ll and who also is one of y.e present Judges of y.e s.d Courte of Chancery and consequently one before whom y.e Peticoners Cause lyes in two diffrent Capacityes w.ch is y.e Inconveiency (as your pet.rs conceive) Y.r Ex.ncy most prudently and out of your wonted Seale to Justice intended to prevent by placeing diffrent Judges in all distinct Courtes Wherefore they most humbly pray that for this Cause Y.r Ex.ncy would be pleased either to joyne one in the roome of M.r Cheseldyne to y.e Hono.ble p.r Henry Jowles and Maj.r Edward Dorsey y.e other Judges in Chancery or else to ord.r that y.e Cause may be determined by y.e s.d Co.ll Jowles and Maj.r Dorsey without y.e assistance of y.e s.d M.r Cheseldyne that thereby Y.r Ex.cys true intention in modelling y.e Courtes of Judicature of this Province may be strictly pursued And they will pray By his Ex.ncy y.e Gov.r and Councill May y.e 3.d 1698 The within pet.n is thought reasonable Therefore ordered that it be referred to his Maj.ties Lawy.rs to adise how the cause may be tryed whether by y.e other two or that another Maj.tr in Chancery be appointed for y.e hearing of that Cause It is alsoe ordered that Kenelm Cheseldyne Esq.r Com.ry Gen.ll for y.e future never sitt upon y.e ^any^ hearing in Chancery where any thing relating to y.e matter in dispute has been in his Office before him Signed p ord.r W Bladen Clk of y.e Councill Maryland fs The Humble Peticon of Phillip Lynes of this Province To y.e hono.ble y.e Speaker and y.e rest of y.e hono.ble y.e members of Assembly most humbly sheweth That whereas upon the Arrivall of his Ex.ncy y.e late Govern.r Copley Y.r Peticon.r being then an Inhabiter and an Inholder at S.t Maryes at w.ch place y.e s.d Govern.r Copley by virtue of his Maj.ties Comission tooke upon him y.e Govern.mt of this Province In ord.r thereunto he sealed himself and Attendance at Y.r Peticoners house to which place y.e said Govern.r called together all his Maj.ties Councill and other psons who had Administracon of Governm.t before his Arriv.ll to give theire Attendance on him for publicacon of his Comission and settling of y.e Governm.t together also w.th many other officers millitary and civill and some Troops of Guards to Attend his s.d Ex.ncy but happened y.r peticoner being from home notwithstanding Y.r Peti.rs wife w.th y.e Assistance of M.r Thomas Gronwin did by y.e ord.r of his Ex.ncy and other Gentl in office as before menconed give entertainm.t to y.e afs.d psons being then called downe upon publique Affaires both y.e Gent and their Attendance w.th drink victuals oates corn Fodder for theire horses soe that y.e s.d Thomas Gronwin in hopes and confidence of y.e Publique Creditt for Y.r Peticoners pay did Deliver and dispose of to y.e severall psons in y.e list herew.th delivered divers Liquors and accomodacons as by their severall Acco.ts drawne out in particulars ammounting to y.e sume of fifty two thousand nine hundred and nine pounds of Tob.o all w.ch your pet.r can make appear and prove by the oath of M.r Thomas Gronwin who booked y.e same Afterwards to it in an assembly held June y.e 6.th 1692 Y.r pet.r moved y.e hono.ble Assembly then sitting for satisfaction but his af.d acco.t of disbursm.ts as your pet.r then concieved to be wholy upon y.e Publique account and thereupon y.e same was put to y.e vote of y.e house and it was then ordered that y.r said list or account should be Charged to Every mans particular Acco.t To y.e great grievance of Y.r Peticon.r Yet your peticon.r being made sencible of y.e s.d voate your peticoner being willing to get his just dues was at y.e Charge and trouble of Coppying out y.e particular Acco.ts in y.e list menconed which referred to psons living in most parts of y.e Province very remote from y.r peticon.rs abode and having such demands made it was returned your peticon.r by most of them who was soe charged and more especially such as were in office and created y.e greatest debts utterly denyed payment Asserting that they were called downe particularly upon |
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Volume 717, Page 829 View pdf image |
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