Archives of Maryland, Volume 0740, Page 0215 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

                                         August Court 1703
      Batchell^r. of London and wadeing att ancho^r in y^e Said Chester River to
      transport & Carrÿ y^e Same from y^e afores^d Chester River to y^e port of London in
      old England there to be Delivered in good order and well Conditioned the Danger
      of y^e Seas onelÿ Excepted unto one Edward Wright for y^e Condrãcõn of four
      pounds Ster^g moneÿ fo^r y^e freight thereof in Condrãcõn whereof y^e Said ~
      William upon himselfe did assume and unto y^e Said Anne when Sole then and
      there faithfullÿ p^rmissed that he y^e Said Will^m: y^e afores^d two hhds of tob^o
      to London afs^d wold Carrÿ & them there | that is to Saÿ att London afores^d )
      to y^e afores^d Edward Wright fo^r y^e afores^d Anne well & faithfullÿ &
      Safelÿ wold to y^e Said Edward Wright Deliver notw^thstanding the Said Willia^m
      his p^rmisse & assumption aforesaid little regarding but Deceaveing & fraudulentlÿ
      Intending y^e Said Anne when Sole & y^e Said Charles & Anne after their Intermarri=
      =age in that part Craftilÿ & Subtillÿ to Deceive & Defraud y^e afores^d two hhds
      of tobacco to y^e afores^d Edward Wright according to his afores^d assumption & ~
      promisse did not Deliver although y^e Said Ship Safelÿ arrived att London afores^d
      bÿ w^ch: y^e Said two hhds of tob^o were utterlÿ lost to y^e Damãge of y^e Said plfs thirtÿ
      pounds Ster^g & thereupon theÿ brings this Suit    Macklin p^r q^r: Pledges &c^a: Joⁿ: Doe R^d Roe

      And the Said Defend^t: bÿ Michael Earle his attorneÿ Comes & Defends y^e. force &
      Injurÿ When &c^a: & for plea Saÿeth y^t he y^e Said Defend^t did not assume upon
      himselfe in that man^r & form y^t y^e pltfs in their Declⁿ hath falslÿ alledged
      ag^t him all w^ch he is readÿ to aver^r & of this he puts himselfe upon y^e Countrÿ
                                                                            Earle p^r Defen^ce:
                     And the pltfs in Like man^r: Macklin p^r q^r ~
      Thereupon Comãnd is Given to the Sher^f of Kent Countÿ that he Imediãtelÿ
       Cause to Come here twelve &c^a: bÿ whom &c^a: who neither &c^a: to recognize &c^a
        because as well &c^a:    who makes retⁿ of his Said precept &c^a: y^t he has here
        readÿ twelve &c^a bÿ as bÿ his Said p^rcept he was Comãnded to witt: John Prim=
      = rose, Michael Green, Thomas [Urad?], Richard ^Moore William Sigleÿ, Thom^s Gwin,
        Nicholas Marseÿ, Willia^m Austin, John Nicholson, John Johnson, Renatus ~
        Smith, Thomas Scottin: Who being Elected, tryed, & Sworne to Saÿ the in
        the p^rmisses, and haveing heard y^e pleadings & allegations on both Sides Doe
        Saÿ upon their oath we of y^e Jurÿ Doe find for y^e Defend^t
                It is therefore Considered | bÿ y^e Court ) this twentÿ fourth Daÿ of
      August An^o Dñi 1703 that y^e Said Defend^t: William as to y^e Said action Goe thereof w^thout
           day and it is likewise Considered | y^e Daÿ & year afores^d ) that y^e S^d Defend^t:
           Doe recover from y^e Said pltfs as well y^e Sum^e of fiftÿ pounds of tob^o
           for a non Suite | according to act of assemblÿ &c^a: ) as y^e Sum^e of five ~
           hundred & thirty & four pounds of tob^o Cost of Suite and the Said ~~
           Charles & Marshall & Anne his Wife in Mercÿ &c^a       Geo: Lumleÿ Clk

Micha^ll Earle	\| bill filed	\| Micha^ll Earle one of y^e att^r&255s of Kent Countÿ ~
a^t	\|	\| according
y^e Ex^r. of Edw^d ffry	\| —	\| Court ^ to y^e priviledges & Liberties accustomd &c^a: Comes
	\|	\| into Court in his p^r p^r p^rson & Exhibitts a Certaine bill of
	\|	\| Complaint a^t George Lumleÿ of S^d Countÿ Gentⁿ. Clk of

                     S^d Countÿ Court p^rsent in his p^r p^r p^rson Ex^r of y^e last will & testam^t: of Edwrd
                     ffrÿ late of y^e Same Countÿ Deceased of a plea y^t he rend^r: unto him y^e full
                     & Just Sum^e of three thousand one hundred & fourtÿ two pounds of good
                     Sound merchantable tob^o in Cask w^ch from him he unjustlÿ Detaines
                                                                                                                         verte

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Kent County Court, Proceedings, 1701-1705

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