Dr. William Jones -c.1678

Memorand. that Major John Welsh one of the Justices here above menconed did Request that his Disassent to the Judgmt here Above might bee Entred on Record And whereupon George Parker Attorney for the said Proctor prayed an appeale from the Judgmt aforesaid, and that the said Cause might Come before his Lopps Justices att his Provinciall Court to bee held at the Citty of St Maryes on the Eleaventh day of May next Ensewing and that the Tenor of the Record and proceedings in the said Cause might bee sent to his Lopps Justices of the Provinciall Court aforesaid to have inspeccon thereof, and to Rendr Judgmt thereon

Afterwards the said Appealant Together wth John Bird and Richard Warfeild his suretyes allowed of by this Court, came here and did acknowledge themselves to Stand indebted unto William Surges [Burgess] Admr of the goods and Chattles of William Jones Phisican deed intestate in the full or Just sume or Quantity of Three thousand Nine hundred Sixty-Eight pounds of good Tob: and Cascp to bee Leavyed on theire goods and Chattles Lands and Tenemts to the said William Burges's use, in case the said Robert Proctor shall not prosecute wth Effect his said appeale, and in case Likewise that the said Proctor shall not satisfy and pay (if the said Judgmt bee Affirmed)
all & singuler the debts damages and Costs Adjudged or to bee Adjudged Upon the Judgment aforesaid. Unlesse the said Robert Proctor doe pay the same or Rendr his body to Frisson

Vera Copa Examned by me: Ri: Boughton Clke

Know all men by these prsents that I Robert Proctor of the County of Ann Arrund" in the Province of Maryland Innholdr. Doe owe & acknowledge my self to owe and Stand firmely bound and indebted unto William Jones of the aforesaid County and Province Phisitian the full & Just Sume or quantity of One thousand Nine hundred eighty foure pounds of good sound Marchantable Tobacco and Casq? The wch sume or quantity of Tobacco well and Truely to bee made I binde mee my heires or assignes unto the said William Jones his heirs or assignes firmely by these prsents, In witnesse whereof I doe hereunto sett my hand and seale the 27th day of Aprill 1676 signum Robt $£ Proctor. (sealed) Signed sealed & Delivered in ye prsence of : Robt Gillham: John Bird Endorsement on the bill written in Doctor Jones owne hand is as followeth Viz : Robt Procto" bill for 1984" Tobacco the 27th Ap" 1676 : 100 for Druggs &c: 2084 Recct 335 by Hugh Riley 500 by Tho: Roper 150 by Midill Offly 340 Expences 1325 Rests due: 759 April the 4th 1677

Vera Copa Ric: Boughton: Ct:

And the said William Burges by Robert Carvile his Attorney Cometh and Defendeth the force and Injury when &c and Prayeth Liberty to Imparle hereunto untill next provll Court and It is granted unto him the same day is given unto the said Robert Proctor Likewise .  Now here at this day to witt the thirtyeth day of November inthe sixth -{fifth yeare of the Dominion of the Rt honoble Charles Lord Baltemore &c Annoq Domini 1680 Came the said partyes by their Attorneys aforesaid & the said William Burges by his said Attorney sayth That the Record and proceedings in the said Cause in the County Court of Ann Arrundll County are in noe way Erred, and hee prayes that this Court will proceed to the hearing of the Record aforesaid as of the reasons of the said appeale .   On wch said fourteenth day of Novembr aforesaid came the said Robert Proctor by his Attorney aforesaid, and according to act of Assembly in that case made and provided Entituled an act for appeales & Regulateing writts of Error, Offereth to the Court here his reasons for his the said Roberts Appealeing from the Judgmt of the County Court of Ann Arrundll County aforesaid, ffor that the Record and pceedings before Recited are manifest Erronious in this :

( Ist In the Record Itt is sayd att a County Court of the Rt honoble Charles &c Held Att the Ridge in Ann Arrundll County on the ninth day of March in the fourth yeare of his Lops dominion &c Annoq Domini 1679/80 &c Whereas if It bee the ninth of March 1679 It was the fifth yeare of his Lopps dominion If the Ninth of March 1680 It is not yet Come Wch for want of Laying a Certaine time is Error:

(2) Itt doth not appeare in the Record that the said William Burges produced to the Court there his Letters of Admon of the Estate of the said William Jones, by wch It might appeare to the Court there that hee thereof had Admron & soe Consequently became Intituled to bring the accon aforesaid, and though this Error after Verdict is pticularly solved by the statute yet here being Noe Jury nor verdict is apparent and Manifest Error

(3) The Court gave Judgmt for the debt Notwithstanding y satisfaction was pleaded by the deft Upon the pits genll Replicacon Notwithstanding It does not appeare by the Record that the deft did put himself Upon their Judgment or make any Submission to them, and Notwithstanding Bird the Evidence Swore in open Court That Proctor had satisfyed Jones in his life time the said debt and that Jones did acknowledge that the bill ought to bee Delivered Up, and was at his death in debt to Proctor seaven or Eight hundred pound of Tobacco all wcb is Error :

(4) — Had they both submitted and referred it to the Court, & such issue had been Joyned, & ye Court had thought fit not to beleive Birds Testimony, Yet the Receipt of the backside of the bill for thirteene hundred Twenty five pounds of Tobacco ought to have been Allowed, & ye plt to have Judgmt for ye residue, but to give Judgmt for the whole bill is Manifest Error in ye sd Judgmt. All wch the said Robert is ready to Averre & prayeth the said Judgmt for the Reasons aforesaid others in the Record being many, bee Reversed anulled & made voyd, & yt hee unto all wch by occasion of the Judgmt aforesaid given hath Lost may bee Restored

Proceedings of the Provincial Court, 1678-10679
Volume 68, Page 178  
178-179 Provincial Court Proceedings, 1679.

Now here att this day to witt the Sixth day of June in the fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni 1679

Upon the peticon of John Welsh late high Sheriffe of Ann Arundell County, that he was high Sheriffe of the County of Ann Arundell for three years last past, dureing which tyme Doctor Wm Jones late of the County aforesaid deceased was indebted unto him as Sheriffe for Leavyes Rent Chancelours Secretaryes & Sheriffes ffees (as by the accompt annnexed) the Sume of three thousand foure hundred & sixty six pounds of tobacco more then what he ever received of him the said Jones, who dying the said Sume in his debt, Colonell Wm Burges Administred upon the said Jones's Estate, who refuses to pay him without an order of this Court That he never haveing any other dealings with the said Jones but for publick dues which runn upon Execucon by Act of Assembly, & he being ready to make Oath to the annexed acct & haveing no need to bring his action against the Admr for that which the Law hath given Execution, humbly prayes an Execucon against the Goods of the said Jones in the hands of the said Burges directed to the now Sheriffe of Ann Arundell County to Levy the said three thousand foure hundred Sixty pounds of tobacco of the said Jones's Goods & pay the same Which being read & heard, & the said William Burges Admr of the said Wm Jones being present in Court, itt is ordered this day to witt the Seventh day of June in the third yeare of the Dominion of Charles Lord Baltemore &c Anoq Doni Wm Jones Anno 1678. as followeth vizt:

To five Leavyes Seven hundred forty two pounds of tobacco. To the Honble Chancelour One hundred thirty six pounds of tobacco. To the Honble Secretary three hundred twenty Eight pounds of tobacco To the rent of three hundred & fifty acres of land forty two pounds of tobacco To the rent of One hundred acres of land called Timber Neck twelve pounds of tobacco. To the rent of Eight hundred acres of land called Waterford One hundred ninety two pds of tobacco, & three hundred & fiue pds of tobacco for Sheriffes ffees be Levyed of the Goods & Chatties of the said Wm Jones & paid to the said John Welsh And that the said John Welsh be left to due course of Law for the remainder of his account