Proceedings of the Essex County Court and General Court, 1693 May 1.
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At a Court held for Essex County 8ber the 10th 1692 Present Capt: Wm Mosely Mr Bernard Gaines
Mr Tho: Edmondson Mr Robert Brooke Capt: Antho: Smith
Capt John Battaile in right of him Selfe and as Guardian of mary Cogwell a minor brought his Action of trespass against Thomas Clowson of this County and declares that the Said Tho: Clowson with force and armes and Contrary to the peace of our Soveraigne Lord and Lady King William and Queen Mary keeps and Detaynes from the plt [plaintiff] quallified as above Said one Messuage tenement and tract of Land Containing Six hundred acres Scituate lyeing and being in the parish of Sittingborne and the aforesaid County and of right belonging and appertaining to the plt. and the Said Mary Cogwell, and although the plt. quallified as aforesaid hath divers times forewarrned the said Clowson from the Same, yet he keeps the possession thereof to the plts. Damage quallified as aforesaid twenty thousand pounds of tobacco for which he prays Judgmt & that the plt. with the said Mary Cogwell may have your Worships writt of Habere facias possessionem Directed to the Sheriff of this County and that the Said Clowson may pay all Costs of Suite-- To which the Def[endan]t. by Capt. Arthur Spicer his Attorny appeared & pleaded Justification and Craved a Reference from the last Court till this that he might have his Evidences Sum[m]oned to prove the said Land Lapsed by James Cogwell and the Deft produceing his Evidences to this Court and it appeareing by the Deposit[ion] of Nicholas Copeland that the[re was?] Corne growing on the [Said?] Land above twenty yeares Since, and that a man his wife and family lived on the said Land Since that time which were put there by the Said James Cogwell and that there was fruite trees growing thereon, it is therefore the Judgment of this Court and accordingly ordered that their Majties writt of Habere facias possessionem be Directed to the Sheriff of this County to put the plt. quallified as aforesaid into peacable and quiett possession