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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10,
Smith, William, , 78, 136, 164, 165,
174, 175, 178, 179, 181, 202, 225, 226,
229, 251, 252, 253, 273, 303, 304, 375,
528
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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 78-79; 7th day of November 1651
William Smith plt
Capt Wm Mitchell by
Mr Cuthbt ffenwick his
Attorney Defdt
The plt preferred his Peticon this day unto this Court thereby Setting forth, That by the Serious invitacon and perswasion of the Defdt and upon his faithfull promise and agreement to make fitt and Compleat provi sion for the Complaynts voyage hither Stay, and return at pleasure without any charge to the as by a Letter under the Defdts own hands appeared he the Complaynt was drawn from his dwelling house in BedfordShire in the Kingdom of England to London, and from thence to adventure himself for these parts, And that upon the like perswasions and promise of Sat isfaction, he the Complaynt disbursed and laid out in Netts and Otherwise for the Defdts use 23 l Sterling besides his great charge and trouble in travell and otherwise to the Value of about 5 l Sterling. And that upon the Defdts further perswa sion, and faithfull promise upon his honour and reputation ex pressed in his Said Letter, The plt was further also drawn to adventure for these parts divers goods and houshold Stuff to the value of 50 l Sterling, as by a particular account thereof ap peared, which goods the Complaynt (not any ways distrusting the Defdts fair and honest dealing) Suffered to be Shipped on his the Defdts account, And that now the Defdt contrary to his Sd promises and agreements, did not only deny to allow the Complt competent Maintainance here or to pay for his passage for England but likewise detaineth from him the Said goods and houshold stuff and refuseth to give him Satisfaction for the Said Netts & other disbursments to the plts damage of 10000 l Tobacco and Cask in value, he being an aged man, and not able by his Labours to maintain himself, but is like to perish in these fforreign parts, unless by this Court he may be relieved in the premisses, Upon the reading of which Peticon the Defdts Attorney in regard of the Defdts absence moved that the hearing of the Cause might be respited till the Defd(s return, or that he might receive further Instructions from him, and offered to be answerable to the Order upon hearing out of his own Estate to the Value of 10000 l Tobacco if the Defdts Estate in his hands Should not amount to be Sufficient for dis charge of what Should happen to be recovered, It is there fore upon his the Said Mr Cuthbt ffenwick's motion and offer aforesd Ordered, that the further hearing of this Cause be respited till the next Provinciall Court, to be held for this County of St Maries after Christmass next at the forthest, and
then this Cause is to proceed to hearing preremptorily, but if the Defdts return be Sooner then till the next Court after Such his return, And that Mr Cuthbert ffenwick the Defdts Attorney Shall be lyable to Satisfie Such Order or Judgmt out of his own Estate to the value aforesd (in Case the Defdts Estate fall Short thereof, as the Court Shall grant on the plts behalf in this Cause, And in the meantime the plt is at liberty to examine
what wittnesses he Shall think fit in the Seretary's Office, where the Defdts Attorney may Cross examine any of them if he thinks fitt.
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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, page 164/5; abt April 1652
Wm Smith plt
Capt Wm Mitchell Deft
Upon the reading of Several Orders formerly made in this Cause and of the Defdts Letter to the plt menconed in the plts Peticon the plt amongst other things desireing to be relieved against the Defdt for 16 Months charge of Dyet and his passage into Eng land according to his ingagement by the Said Letter now pro duced under his own hand and Seal the Deft acknowledgeth the Letter and promise but pleads an after agreement that Smith engaged himself to be his Servant before his comeing out of England for this he moves the Court to examine Mr Hatton as his Wittnes Mr Hatton being from home the busi ness was respited till the next morning, and the plt and Defdt both warned to appear in the Morning they both appear, and plead in the business before Mr Hatton's comeing in, Mr Hatton is called for declares in open Court nothing to the Sd Capt Mitchell's advantage, And Mitchell Seeing himself like to be Cast pleads that he doth not appear, now for as much as this Wm Smith is an Old aged man of 61 years, Seduced from his Countrey wife and Children by the fair and false promises of this Mitchell delayed and put off from Court to Court by the Attorney of this Capt Mitchell and himself and ready to goe for England before any Court or relief can be had, for want of which relief he must in all likelyhood perish, this Court being a Court of Equity as well as Law doth Conceive this appear ance of Capt Mitchell to be good, he voluntarily comeing of himself and pleading day after day in the Case desireing his Wittness to be Sent for one day and heard the next, And therefore proceeds to Sentence as followeth, That the plt ac cording to the promise and ingagement of the Deft be Satis fied for his charge of dyett for 1 6 months which after the rate of one hundred pounds of Tobacco p Month amounts to 1600 weight of Tobacco as likewise for his Voyage into England and return into Bedford shire 1000 l weight of Tobacco and Cask together with the Cost and Charges of Suit for the which Said Several Sumes he is hereby granted Judgment and after Judgment Execucon and as touching the pits demand of Goods and other things now Complayned, for the Court thinks fit not to meddle any further therein for the present but doth respit the further hearing thereof till the next Court for which pur pose the Deft is hereby ordered then to appear peremptorily.
Execucon ad satisfaciend.
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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 174; March 29th 1651
William Smith Gent aged about 60 years upon Suffions for his Lordps Attorney for that purpose being Sworn and ex amined March 29th 1651 deposeth as followeth That about a Month or three weeks before the Depts comeing to Sea for these parts being about a twelve Month Since or Somewhat more as he taketh it, he being then in Company with Capt William Mitchell now one of his Lorps Councell of this Province of Maryland at his then lodging in the Strand near the Savoy, the Said Capt Mitchell desired him this Deponent to call his this Deponents daughter whome he the Said Capt Mitchell as he then expressed Intended then Shortly to take to Sea with him for these parts by the name of Mrs Elizabeth Williams or Betty Williams, and the reason that the Said Capt Mitchell then gave to this Deponent for Such his desire was for that he had a Sister or friend of that name whome he deerly loved, and therefore desired that this Deponts daughter Should be Soe called or to that effect, his this Deponts Said Daughter then and yet right name being Susan Warren having been then formerly married to one Humphrey Warren and further deposeth not.
Wm Smith
J urat 19 Januarij 1651 coram me Wm Stone
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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 173; June 18th 1651
The Deposition of Susan Warren Widow ag 21th Sworn and examined the 18th day of June Saith That when She hath been Sick calling on God to help her Capt Mitchell hath replyed what was that which I called God, Did I know him, had I ever any Conference with him, I Said not of his person, but by his works, I was Confident that I Should have help from what I called on, Soe he hath left me a while and come again and Said how now hath your God helped you Ah thou may'st well be called a woman that will believe any thing that is told you, Such a thing as God believe it not thou art meerly led away with what your Parents hath told
You, that if you doe amiss 0, it is a Sin, 0 thou art a fool I will for a half penny Answer for all your Sins past or to come or that purpose this Deponent averreth upon her Oath further Saith not.
Iur Cor Robert Brook
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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 303 Liber B p. 496
This present writing Wittnesseth that I William Smith of the Province of Maryland doe make Susan Warren my Daughter in the Same Province my Attorney to Sue for Recoveries of all Debts or Actions of the Case as any wayes belongs to me within this Province, or to Compound or give acquittance for the Same or any part thereof Also Giving her the Said Susan Warren power hereby to make any other Attorney or Attor neys under her for the purpose aforesaid, And what She the Said Susan Warren or such other Attorney Shall doe in the
prnisses I doe hereby ratifie and Confirm Giving her and them as full power in Every particular touching the premisses as I my Selfe may or might have. Wittness my hand this last day of May 1653. Willm Smith
In the presence of
John Metcalfe Walter Hall
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