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Chamberline v. Harvey Eng. Rep. 603 (1378-1865)

handle is hein.slavery/ssactsengr0994 and id is 1 raw text is: PLEADINGS TO THE CASES

then the same occupier bath rendered and delivered, and for all the time abovesaid
hath been used and accustomed to render and deliver to the rector of the parish
church of Huntspill aforesaid, or his farmers or deputy of the said rectory for the
time being, two lambs of the same 17 lambs, as the said Nicholas above thereof
complains; and this he prays may be inquired of by the country, and the said Samuel
likewise, &c.
The like replications and issues joined upon the other traverses, as to the modus
for calves, and as to the custom alledged in non decimando in the hundred of
Huntspill. And a joinder in demurrer as to the rest.
PLEAS BEFORE THE LORD THE KING AT WESTMINSTER OF THE TERM OF SAINT
MICHAEL IN THE EIGHTH YEAR OF THE REIGN OF THE LORD WILLIAM, NOW
KING OF ENGLAND, &c. ROLL 123.
CHAMBERLINE against HARVEY. 1 Ld. Raym. 146.
Count in trespass for a negro slave.
London, (to wit).-Be it remembred, that on Wednesday next after three weeks
of Saint Michael in this same term, before the lord the King at Westminster came
Willoughby Chamberline, Esq; by Godfrey Woodward his attorney, and brought here
into the Court of the said lord the King then there his certain bill against Robert
Harvey, Esq; in custody of the marshal, &c. of a plea of trespass; and there are
pledges of prosecuting, to wit, John Doe and Richard Roe; which said bill follows
in these words, to wit, London, to wit, Willoughby Chamberline, Esq; complains of
Robert Harvey, Esq; in custody of the marshal of the Marshalsea of the lord the
King, being before the King himself, for that the said Robert on the first day of
September in the year of our Lord 1695, with force and arms, one [130] negro of him
the said William, of the price of 1001. of lawful money of England, at London aforesaid,
to wit, in the parish of the Blessed Mary of the Arches in the ward of Cheape, took
and led away from him, and then and there detained and kept possession of the negro
aforesaid from the said first day of September until the exhibiting of this bill, so that
he the said Willoughby totally was without, and lost the use and benefit of the said
negro for the whole time aforesaid, and other wrongs to the said Willoughby then
and there did, against the peace of the said lord the now King, to the damage of him
the said Willoughby of 1501. and thereupon he brings suit, &c.
And the said Robert by Robert Stone his attorney comes and defends the force
and injury when, &c. and saith, that he is not thereof guilty in manner and form as
the said Willoughby above complains against him; and of this he puts himself upon
the country, and the said Willoughby thereupon likewise: therefore let a jury there-
upon come before the lord the King at Westminster on Thursday next after the
morrow of All Souls; and who neither, &c. to recognize, &c. because as well, &c.
The same day is given to the parties aforesaid there, &c. Afterwards the process
thereupon is continued between the parties aforesaid in the plea aforesaid, by the
jury being respited thereupon between them, before the lord the King at Westminster
until Thursday next after fifteen days of Saint Martin, unless the lord the King's
trusty and well-beloved John Holt, Knt. Chief Justice of the lord the King, assigned
to hold pleas in the Court of the said lord the King himself, shall before come on
Wednesday next after 15 days of Saint Martin at Guildhall, London, by form of the
statute, for want of jurors, &c. At which day before the lord the King at West-
minster cometh the said Willoughby by his said attorney, and the said Chief Justice
before whom, &c. hath sent here his record before him had in these words: after-
ward on the day and at the place within contained, before John Holt, Knt. Chief
Justice of the lord the King, assigned to hold pleas in the Court of the said lord
the King before the King himself, come as well the within named Willoughby
Chamberline, Esq; as the within written Robert Harvey, Esq; by their attornies
within contained; and the jurors of the jury, whereof mention is within made,
being called, certain of them, to wit, Thomas Sericole, Richard Martin, Samuel

,3 LD. RAYM. 190.

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