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(76) On which said ninth day of February in the 43.th yeare of his Lopps Dominion &c the same Sheriff maketh returne vizt Executed p me W.m Coleborne before M.r Nicholas Rice M.r David Browne M.r George Johnson M.r John Winder John King Miles Gray Alexander Drapper good and lawfull men of my Bailiwick Which being read and heard and none appeareing to shew cause wherefore the said Letters Patents of the Land aforesaid ought not to be revoked and adnulled and the record and records thereof cancelled & made void and the same into his Lopps hands be seized The judgment of the Court here this day to witt the thirtenth day of February in the year abovesaid is That the Chancellour make void the said Patents upon Record and that the same be revoked cancelled evacuated adnulled and for void and invalid had and esteemed and also that the inrollment of Record of them shall be cancelled and adnulled and for void and invalid held and esteemed Upon the Petition of Thomas Marsh That in the month of July 1673 he sold unto George Utie Gent a woman Servant named Hannah Bowen for which the servant and other goods Sold the said Utie was to pay unto the petitioner 2400.ℓ tobacco that in November or December 1673 the said Hannah happened to be brought to bed of a bastard Child and that after she was delivered by the perswasion of the said Utie (who had promised to her if she would lay the Child to the petitioner he would save her from a whipping and she should fare the better for it as by the affidavitt of Michael Franke and Richard Whitton it may appeare) by her affidavitt pend by the said Utie upon the 22.th of December 1673 to lay the said Bastard Child to y.e petitioner That the petitioner haveing notice thereof did in March last procure a warrant for Cap.t Howell one of his Lopps justices of that County to have the said Hannah bound over to the next Court to be examined face to face with the petition.r Yet notwithstanding the pet.r attended there att the next Court with evidence sufficient enough to prove the Child was gott by One Edward Winwood by the confessions of the said Edward & Hannah & other pregnant circumstances sufficient to cleare the pet.r and although the Constable served the said warrant upon the said Hannah & gave notice to the said Utie to be there also Yet neither he nor the said Hannah by his Order did appeare at the said Court & so nothing was then done That the 3.d of June last the said Utie in the absence of the pet.r being then in Virginia without any notice to him or any for him brought the said Hannah to their Court and upon her affidavitt aforesaid and another Oath then taken in Court that the said Utie her master did neither advise instigate or prompt her to lay the said Bastard to the pet.r the Court without any other Testimony confession declaration in pangs of travell another pregnant circumstance agreeing thereunto as by the Act is directly provided in that case did ord.r at the request of one Miles Gibson the p.rtended Attorny of the petit.r a reference untill the next Court Att which Court being the 4.th of August last they Ordered the said Miles Gibson as Attorny of the petitioner to pay the said Utie 1400.ℓ of tobacco with costs of suite for the pet.rs getting the said servant with Child otherwise execution That the pet.r finding himselfe thus agreived & not heard petitions the Court for a reheareing the which was granted when & where the petitioner produced his severall evidences sufficient to cleare him as aforesaid as by the Coppyes thereof ready to be produced may appeare Yet the Court Ordered the former Order to stand with costs of suite whereupon the pet.r appealed to this Court but the said appeale was never entered and the said Utie hath deteined in his hands the said debt of 1400.ℓ of tobacco for his damages and costs as aforesaid Now forasmuch as it plainly appeares there hath been a Conspiracy and contrivance betweene the said George Utie and the said Hannah Bowen not only to ruine the petitioner his Creditt and fortune but defraud him of his said debt of 1400.ℓ tobacco and for that the proceedings have been very illegall and erronious the pet.r therefore humbly prayes to admitt his appeale and that the whole matter thereupon may be heard here next Court and that in the meane time an Order may issue to the Comissioners for a transcript of the Records of their whole proceedings therein and that the said Hannah Bowen and George Utie may be Ordered then and there to appeare to heare the said Appeale accordingly Which being read and heard it is this day to witt eighth of December in the 43.th yeare of his Lopps Dominion &c considered by the Court here that a Certiorari be granted the Petitioner the tenor whereof followeth in these words vizt |
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Chancery Court, Chancery Record, 1671-1712
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