Volume 840, Page 182b View pdf image |
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Novem Court
1726 182 peace of the right Honrble the Lord proprietary of this province his good rule & Government & also against the form of the Act of assembly in Such Case made & provided & that a Certain Mary Ach of the County afd Spinster after the felony afd in form afd Committed Knowing the afd Ann Barton the felony afd in form afd to have Committed at Somersett County afd the afd tenth day of march in the year of the afd fifteen yards of Linin did receive & her the said Ann Barton did Aid & assist against the peace &.c and also against the form of the Act of assembly afd L Gale P Dom Propr Thereupon Command was given to the Sherr of Somersett County that he Should take the Said Ann Barton Late of Somersett County spinster if &.c to answer &.c and afterwards in the Same Court Came the said Ann Barton in Custody of the Sherr into whose Custody ^before that time^ was Committed for the Cause afd and being by the Sherr Sett to the Barr is thereupon Instantly demanded how she would acquitt herselfe of the Felony afd as by the Indictmt ^afd is^ above upon her therein Imposed says that of the felony afd upon her Imposed she is noe ways guilty thereof and thereof for tryall She putts herselfe upon the Country and Levin Gale his Lordships attorney who for his said Lordship in this Behalfe prosecutes Likewise Thereupon Command is given to the Sherr of Somersett County that Immediately he Cause to Come here twelve &.c who niether &.c to recognize &.c because as well &.c of which said Preceipt the Said Sherr to witt Francis Allen Gent makes return that he has here Ready twelve &.c as by his said Preceipt he was Commanded and the Jurors of that Jury therein Impannelled being Called Came to witt John Donelson, Lewis Beard, Peter Frazer, Will.m Smith, Will.m Laws, John Fleming John Larimore, John Read Tipquin, Teague Riggin, John Davis, W.m Bratton, George Tayler who being duely Elected tryed and Sworn to Say the truth in the premisses upon their Oath do Say that the said Ann Barton is guilty of the felony whereof She Stands Indicted &c Whereupon the Court here valued the fifteen Yards of Linnen in the Indictm.t afd mentioned to be stolen to One hundred and twenty pounds of tobo Wherefore it is Considered by the Justices that the said Ann Barton pay unto the Said Thomas Fletcher the party deprived four fould of the Value of the fifteen yards of Linnen amounting in the whole to four hundred and Eighty pounds of tobacco (the afd fifteen Yards of Linnen being valued to One hundred and twenty pounds of tobacco according to Law) And that the afd Ann Barton be whiped with twenty Lashes (at the Publick whiping post) on the Bare back well Laid on untill the blood appear and that She Stand in the Pillowry a quarter of an hour and that She be taken &a And thereupon as to the Corporall punishm.t afd Command is given to the Sherr of Somersett County that he do thereof Immediate Execution according to the Judgm.t afd rendered by whiping of the afd Ann Barton at the Publick whiping post with twenty Lashes on the Bare back well Laid on untill the |
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Volume 840, Page 182b View pdf image |
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