Archives of Maryland, Volume 0740, Page 0276 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

        Then & there Comãnd was Given to the afs^d Sher^f. y^t he Sho’ld make to come
     before our afs^d Justices att Kent afs^d twelve free & Lawfull men of y^e vesue [?] or
     Countÿ [illegible]hich &c^a The Same Daÿ was Given unto the S^d John Johnson att
     which Daÿ before the Justices afs^d att Kent Countÿ Court afs^d Came the
     afs^d John Johnson in his p^rper person under the Custodÿ of the afs^d Sher^f
     who then returned the pañell & names of y^e Jurÿ That is to Saÿ Edward Plaster,
     Nicholas Marseÿ, Thomas. Hÿndes, Renatus Smith, Charles ffloÿde, Edward Carroll
     John, ffannen, John Powles, John Premrose Sam^ll Toveÿ George Copper
     and Thomas Baÿlÿ, And the S^d Juro^rs there Impanelled Came to Speak the
     truth upon the p^rmisses Chosen, Trÿed & Sworn then & there Said upon
     their oathe y^t y^e afs^d John Johnson (of y^e transgression alledged) in y^e afs^d
     Intictem^t was not Guiltÿ, upon which it was Considered bÿ the afs^d Court
     then & there held, that y^e afs^d John Johnson Should, Goe from thence
     quietlÿ, as bÿ the afs^d Indictem^t then before y^e S^d Justices remaineing
     fullÿ appears of record: Bÿ p^rtext of y^e p^rmisses the S^d Joⁿ Joⁿson not onelÿ
     in his goods, name, fame, Creditt, & Estimation |in w^ch. before he was reputed)
     was Greatlÿ hurt & worsted, and in his bodÿ, Soe unquiett appeared, butt allsoe
     Great Sums of tobacco & moneÿ for purging, Exonerateing, Delivering in Defe:
   :nce of his Innocencÿ in y^t part, to spend & Disburse, was Constrained & Com:
     pelled, Wherebÿ the S^d John Johnson Saÿeth he y^e worse is and Damãge
     hath Sustained to y^e vallue of three thousand pounds of tobacco And —
     thereupon he brings this Suit Earle p^r q^r Pleadges &c^a Joⁿ Doe Richard Roe

John Nicholson	\|
ads	\| And the S^d Def^t bÿ Richard Macklin his att^rÿ comes & Defends
John Johnson	\| the force & Injurÿ when &c^a & for plea Saÿeth y^t for y^e manifold
	imperfections & Insufficiencÿes in the pltfs Declaⁿ & y^e matter in
	the Same Contained the Def^t can not nor bÿ y^e Law of y^e
	land is^^not held to make answer & this he is readÿ to verÿfie whereupon
	for want of a Sufficient Declaⁿ of y^e afs^d pltf and a Sufficient
	matter therein to be Contained y^e Def^t praÿs Judg^t of his —
	Damãges &c^a bÿ reason of y^e p^rmisses Macklin p^r the Def^t

1^st reason The pltf in his Declaⁿ ought to have Sett forth of what hundred y^e S^d John
—————Nicholson was Constable &c^a
2^d reason         He Saÿet y^t y^e S^d John being asked how he wo’ld of y^e transgression-
—————afs^d upon in maner & form Imposed &c^a w^ch is nonscence
3^d reason         He Saÿeth y^e Juro^rs upon their oath w^ch is making 12 y^e Singl^r number
—————
   4^th reason The pltf hath not alledged in his Declaⁿ y^t y^e S^d Joⁿ Nicholson Did falselÿ
             and maliciouslÿ give Evidence ag^t y^e S^d John Johnson ——    —
       Which Declaⁿ plea & Dem^r being bÿ y^e Court heard & well understood
     it is bÿ them Considered that the S^d afs^d Dem^r is good in Law, & [hereby?]
: heard the |pleading & allegations on both Sides =
                                                                                           — It

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Kent County Court, Proceedings, 1701-1705

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