Archives of Maryland, Volume 0740, Page 0473 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

March Court 1705

John Whittington	\| Kent Countÿ} Ss
a^t	\| in Marÿland }
William Austine	\| William Austine of S^d Countÿ planter Stands attached to
	\| answer unto John Withington of y^e Countÿ Schoolmaster of —
	a plea of trespass upon y^e Case

      And whereupon y^e S^d John bÿ Michae Earle his att^rÿ Complaines and Saith y^t whereas
      y^e John p^rfesing himselfe a Schoolmaster or an Instruct^r of youth and to be
      teaching & Instructing of youth in Lett^rs and good manners on y^e fourth Daÿ of feb^rÿ ann^o
      Dñi 1701 in S^d County w^thin y^e Jurisdiction of this Court a Certaine Comuñication was
      had and moved between y^e S^d William and y^e S^d John of and Concerning y^e Schooling
      or instructing three Children of y^e Said Williams for y^e tear [?] of two years then
      next Ensueing upon which Comuñnication it was then and there agreed upon &
      accorded to bÿ and between y^e Said p^rtyes y^t if in Case y^e Said John wo’ld undertake
      to keep his Schoole att a Certaine house near unto one Rob^t. Marshes plantation on
      Chester River in Said Countÿ being not far Distant from y^e Said William’s plantaion
      and take into his Custodÿ or tuition three Children of y^e Said Williams and them in Lew of two
      Schoolers |y^t is to Saÿ y^t he y^e Said William Should times Send two of his Said Children and Some=
      times three ) and y^m. Instruct in Lett^rs. and Good man^rs according to y^e best of his Skill & cunñing
      And there remaine and Instruct and tuto^r y^e afs^d Children for y^e time or tearm of two y^rs
      from y^e time afs^d, y^t then & asederation [?] thereof y^e S^d W^m. upon himselfe assumed & unto y^e S^d
      John faithfullÿ p^rmissed y^t he the S^d William wo’ld well and truly pay or Cause to be paid
      unto y^e S^d John y^e Sum^e of Sixteen hundred pounds of good Sound merchantable tob^o in Cask
      att two Equall paym^ts y^t is to Saÿ y^e Sum^e of Eight hundred pounds as afs^d in y^e month of Ja^rÿ
   y^e next fallowing y^e Date of y^e afs^d Comunication and y^e othe Eight hundred pounds of like tob^o
      tobacco in y^e month of Ja^rÿ yⁿ next fallowing y^e Said first paym^t. and y^e Said John in fact
      Saith y^t Giveing Creditt to and relying upon y^e faire promisses and assumption of y^e S^d —
      William he y^e Said John Did undertake to keep his Schoole att y^e house afs^d and
      did receive into his tuition Somtimes two and Somtimes three Children of y^e S^d W^ms.
      and them in lett^rs and good manners Did Instruct and each according to y^e best of his Skill
      and Cunning and att y^e afs^d Schoolehouse Did abide and remaine teaching & Instructing
      his Schoolars Dureing y^e time and tearm afs^d and alhou^h [?] y^e Said William hath paid an Sa=
    =tisfyed unto y^e Said John y^e Sum^e of four hundred twentÿ five pounds of tobacco p^t of y^e
      Said of Sixteen hundred pounds of tobacco. Yett nevertheless as to y^e residue of y^e S^d 1600^ls
      of tobacco being one thousand one hundred Seaventÿ and five pounds of tob^o
      according to his afs^d p^rmiss and assumption unto y^e S^d John he hath not paid
      alltho^h to Doe y^e Same att Chest^r afs^d on y^e ninth Daÿ of March anno Dñi 1703
      and att Divers times as well before as Since he hath been thereunto required butt
      the Same to paÿ he hath Denÿed and refused and Still Doth Denÿ and refuse
      and unjustlÿ Detaine to y^e Damãge of y^e Said John 2000^ls of tob^o and thereupon
      he bring This Suit                        Earle p^r Q^r. Pledges John Doe R^d. Roe
              And the Said William Austine bÿ Benj^amen Peacke his att^rÿ^cameand prays
      leave to Imp^rle untill next Court and he hath it the Same Daÿ

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Kent County Court, Proceedings, 1701-1705

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