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![handle is hein.slavery/ssactsengr0995 and id is 1 raw text is: PLEADINGS TO THE CASES
and long before the time when, &c. took for her husband one John Witham, Knt. by
which, the said John Witham was seised in right of his said wife of one third part of
the plantation and negro slaves for the term of the life of his said wife ; and the said
John Witham being so seised, the within named negro, a true native, long before the
within written time when, &c. to wit, in the 36th year of the reign of Charles the
Second, late King of England, brought within this kingdom of England, and afterwards,
the said negro slave above-mentioned remained in the service of him the said John
within this kingdom of England for the space of divers years, from that time and
before the said time when, &c. according to the [133] rites of the Church of England,
but without the knowledge or consent of the said Willoughby Chamberline, there
was baptized ; and that the said John Witham afterwards, and after the death of his
said wife, but long before the said time when, &c. within this kingdom of England
absolutely put the said negro slave out of his service ; and also afterwards and before
the said time when, &c. the said negro slave served other subjects of this kingdom of
England, and at the within written time when, &c. within this kingdom of England
was retained in the actual service of the said Robert Harvey, to take of the said Robert
Harvey according to the rate of six pounds by the year for his wages in that behalf:
but whether upon the whole matter aforesaid, by the jury aforesaid in form aforesaid
found, the said Robert Harvey be guilty of the trespass within specified or not, the jurors
aforesaid are wholly ignorant, and pray the advice of the Court here concerning the
premisses; and if upon the whole matter aforesaid, by the jury aforesaid in form
aforesaid found, it shall seem to the justices and the Court here that the said Robert
Harvey be guilty of that trespass, then the said jurors say upon their oath, that the
said Robert Harvey is guilty of the trespass aforesaid, as the said Willoughby
Chamberline within complains against him; and they assess the damages of him the
said Willoughby, by occasion of the trespass aforesaid, besides his costs and charges,
to fifty pounds; and for his costs and charges three shillings and four pence; and
if upon the whole matter aforesaid, by the jury aforesaid in form aforesaid found,
it shall seem to the same justices here that the said Robert Harvey be not guilty of
the trespass aforesaid, theni they the said jurors say upon their oath, that the said
Robert Harvey is not guilty of the trespass aforesaid, as he the said Robert hath
within in pleading alledged : and because the justices here are not yet advised, &c.
[134] HILARY TERM IN THE SEVENTH YEAR OF KING WILLIAM THE THIRD.
ROLL 1684. C. B.
KIMP against CRUWES AND OTHERS. 1 Ld. Raym. 167.
Trespass for breaking plaintiff's close and taking 3 cows.
Devonshire, (to wit).-Humfrey Cruwes late of Morchard Cruwys in the county
aforesaid, yeoman, Joan Wood late of the same, spinster, William Parker late of the
same, husbandman, and Thomas Wood late of Stockly Pomeroy in the county afore-
said, husbandman, were attached to answer to John Kimp of a plea, wherefore with
force and arms the close of him the said John, at the parish of Morchard Cruwys in
the county aforesaid, they broke and entred, and the cattle of him the said John of
the price of 151. at the parish of Morchard Cruwys aforesaid lately found they took,
and those cattle unto a certain pound in the parish of Witheridge in the county
aforesaid they drove and chased, and in that pound impounded, and those cattle in
that pound there for a long time detained, and other wrongs to him did, to the great
damage of him the said John, and against the peace of the lord the now King, &c.
And whereupon the said John by George Palmer his attorney complains, that the
said Humfrey, Joan, William and Thomas, on the ninth day of October in the 7th
year of the reign of the lord the now King, with force and arms, &c. the close, to wit,
one close called the Broad Close of him the said John, at the parish of Morchard
Cruwys in the county aforesaid, they broke and entred, and the cattle, that is to say,
three cows of him the said John of the price, &c. at Morchard Cruwys aforesaid lately
found they took, and those cattle unto a certain pound in the parish of Witheridge in
3 LD. ]RAYM. 183.](ViewImageLocal?handle=hein.slavery/ssactsengr0995&div=1&collection=&method=preview&ext=.png&size=3)