1700 abt John Gowen in Somerset Co, MD litigation

John Gowen b. abt 1700 in Somerset County, MD litigation

Parents: 

  • Unk

Children: 

  • Unk

Siblings: 

  • Unk

FACTS and NOTES: 

The following cases are for a John Gowen who appears to be a mariner. Somerset County Maryland is just across the bay from Virginia – so if working as a mariner John Gowen could have easily been from Virginia – or any state actually.

Somerset County MD county map

Somerset County MD county map

MARYLAND CASES INVOLVING a John Gowen:

The following “John Gowen” is noted in Somerset County, Maryland in the following court cases in 1726. Currently, other documents regarding this particular “John Gowen” have not been confirmed. This “could” be the John Gowen from Fairfax County, VA, but it could easily be a John Gowen from one of the other Gowen lines in the Americas at that time.

It is unknown which John Gowen this is. He may be the John Gowen from Fairfax County, Va, or may be the John Gowen from Hanover Co, Va. Or it is possible he is a John Gowen from Maine.

John Gowen  – court case.  June Court 1726 pg. 135.   LG  Thomas Predix Plft  @  John Gowen Deft

(Note: Trespass case – John Gowen is being sued by Thomas Predix. This appears to be an initial setting with the court, giving notice to John Gowen and Thomas Predix to bring evidence to the next court setting).

This being an action of trespass upon the Case &c wherein the Sherr of Somersett County to whom the Writt in the Same action was directed Comes and makes Return thereof Endorsed vizt  Cepi Corpus P Francis Allen Sherr Whereupon the Said John Gowen at the Prayer of the Plfts attorney is adjudged to give Speciall bail to the action afd  thereupon a Certain Thomas Peal of Somersett County present here in Court undertakes for the Said John Gowen that if in Case the Said Thomas Predix Shall Recover Judgmt in the plea afd against the Said John Gowen in the plea afd or that the said John Gowen shall be therein Convict that then he the said John Gowen shall pay the Condemnation of the Court thereupon or Render his body to the Custody of the Sherr of Somersett County in Satisfaction thereof or that he the Said Thomas Peal will do it for him thereupon the said John Gowen by George Dashiell his attorney appears and Imparles till Next Court &c
http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–135b.html
Somerset County Judicial Records, 1725-1727, Volume 840, page 135b

2. 1726 – John Gowen court case – Somerset County, MD.  pg 173
GD  John Gowen agt Ps  Jacob Phillips

(Note: Trespass case: John Gowen brings a lawsuit against Jacob Phillips for trespass. A trial before the court appears to have taken place, and the judge finds in favor of John Gowen ordering payment by Jacob Phillips).

Somersett fs Jacob Phillips Late of Somersett County planter was attached to answer unto John Gowen of a plea of trespass upon ye Case &c And whereupon ye same John Gowen pr Geo Dashiell his attorney Complaines yt ye Said Jacob at Stepney Parish in Somrsett County within  yt Jurisdiction of this Court on ye tenth Day of Janry One thousand seven hundred & twenty five Six was Indebted to ye same John in ye sum of two pounds five shills & two pence Currant money as Pr acct hereunto anext may in Court appear & being soe thereof Indebted ye said Jacob did upon himselfe assume & promise yt ye afd Sum of two pounds five Shills & two pence he would well & truly pay when thereto requested Nevertheless ye same Jacob his promise ad in forme afd Made he hath Not regarded but ye same two pounds five Shills & two pence to pay hath Denyed & Still doth Deny to ye Damage of ye said John of four pounds ten Shills & four pence & thereof he brings Suite &c Dashiell P Quer pledges &c  J: Doe    R: Roe

Janrny 10th,  1725/6
Jacob Philips to John Gowen Dr
To 2 quarts of rum @ 1/6 p to 1 Knife and Fork 18d
To 6 yds of Druggett @ 5/ p to 5 Dozn of Coat buttons @ 1/6
To 4 hanks mohair @ 9d
Errors Excepted John Gowen

£0..4..8d
1..17..6
3
£2..5..2

And the afd Jacob Phillips in his own proper person Comes and defends the force and Injury when &c and Prays Leave to Imparle hereunto untill the next Court and he hath it and the Same is given to the Plft also  Att which said next Court to witt the Sixteenth day of august anno Dom one thousand seven hundred and twenty six Came againe as well the afd John Gowen by his attorney afd as the said Jacob Phillips in his own proper person and the said Jacob Phillips says that he Cannot gainsay the action afd nor but that he did promise and upon himselfe assume in manner and form as the afd Plft above against him hath Complained nor but that the said Plft ought to recover his damages by occasion of the Non performance of the promise and assumption afd to two pounds five Shillings and two pence Currt money and Costs of Suit against him which the said plft doth not gainsay &c

Therefore it is Considered by the Justices here the Same day and year Last mentioned that the afd John Gowin Recover against the afd Jacob Phillips as well the Sum of two pds five Shillings and two pence Currt money his Damages afd in form afd Confesed as also the Sum of 239 two hundred and thirty Nine  pounds of tobo for his Costs and Charges by him about his Suite in that part Expended to the same John by the Court hereof his assent adjudged and the afd deft in mercy &c
Somerset County Judicial Records, 1725-1727, Volume 840, page 173b
August Court        1726
http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–173.html

1726 – John Gowen – Somerset County, MD – court case:
March Court    1726 .  Pg. 260
Jno Gowen @ Jacob Philips
Casa for 2..5..2 & 260 Cepi satisfyed

Somerset County Judicial Records, 1725-1727, Volume 840, page 260b
http://aomol.msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–260b.html

1726 – John Gowen – Somerset County, MD – court case:
March Court  1726.  pg. 262

Ordered by the Court that John Gowen pay unto Andrew Collins thirty pounds of tobacco being due unto him for his attenda one day as Evidence on behalfe of the said John Gowen against Thomas Predix he having made oath to the same &c
Somerset County Judicial Records, 1725-1727, Volume 840, page 262b.
http://aomol.msa.maryland.gov/000001/000840/html/am840–262b.html

1726 – John Gowen – Somerset County, MD – court case:
Novemr Court  1726.  pg. 183-185
The Same @ John Videl    Wm Allen
als Edwd Coleman, John Persons
Mary Atch and Richd Gore
Somersett County fs

Note: The following is a Criminal Case against the following Defendants: John Videl, William Allen, Edward Coleman, John Persons, Mary Atch, and Richard Gore.
Facts: The Defendants are accused of stealing property from the following victims:

Victims of Theft:

1) Thomas Peal (Mariner): One Boat of ye value of seven hundred pds of Tobo;(Note:  value of his property stolen)
2) Francis Allen (Gent): three sheets of ye value of twenty pds of Tobo Each Sheet one Iron pott of ye value of Twenty Six pounds of Tobo one wallett of ye value of four pounds of Tobo & one old smock of ye value of twenty pds of Tobo; (Note:  value of his property stolen)
3) John Gowen (Mariner): One Rugg of ye value of thirty pounds of Tobo one Bagg of ye value of seven pds of  Tobo one pillow of ye value of tenn pds of Tobo one sauce pan; three spoons of ye  value of two pounds of Tobo one platter of ye value of three pounds of Tobo one Dipsie Line of ye value of twelve pds of Tobo one Runlett of ye value of tenn pds of Tobo; (Note:  value of his property stolen)
4) Palatiah Whittemore (Merchant): one rugg of ye value of thirty pds of Tobo one Pillow of ye value of tenn pds of Tobo  one pair of Shoes of ye value of ten pds of Tobo one pair of Cotton Stockings of ye  value of sixteen pds of Tobo & one Check Shirt of ye value of twenty pds of Tobo. (Note:  value of her property stolen)

Defendants and Summary of Punishment by the Court:

FINDINGS:  Note:  Mary Atch pleas guilty immediately.  The other Defendants (John Videl, William Allen, Edward Coleman, John Persons, and Richard Gore) demand a trial.  It appears they change their mind during trial or just before (maybe when they saw the jury) and decide to plea guilty.  The court finds the defendants guilty of feloniously stealing the above listed property from Thomas Peal, Francis Allen, John Gowen, and Palatiah Whittemore.
PUNISHMENT:  The court sentences the Defendants to the following punishment:  
John Videl and John Persons:  sentenced to pay 4 times the value of the propery listed to all the victims above, and that the “afd John Videl be whipt with five Lashes on the bare back well Laid on untill the blood appear and that he Stand in the pillowry a quarter of an hour”. 
William Allen als Edward Coleman: sentenced to pay 4 times the value of property stolen, plus 5 lashes to the bare back well laid until blood appear, and stand at the pillowry a quarter of an hour.  Additionally, the court notes he is a servant to a Certain Samuel Gale living in the Jersies.  The court commits him to the custody of Somerset County to remain under the charge of the sheriff.  
Mary Atch:  sentenced to pay 4 times the value of the property stolen, plus 5 lashes to the bare back well laid until blood appear, and stand at the pillowry a quarter of an hour.  Mary Atch does not have the money for security to pay for the fine, so she is to be sold for seven (7) years to the highest bidder – highest bidder was James Bowcher – for 2010 pounds of tobacco – funds for use of the county.   
Richard Gore:  sentenced to pay 4 times the value of the property stolen, plus 5 lashes to the bare back well laid until blood appear, and stand at the pillowry a quarter of an hour.  Richard Gore is an indentured servant to Hugh Porter (his master).  The court orders Hugh Porter to deliver Richard Gore back to the court after his time of service has run, for him to pay for the four fold reimbursement and fees due.   

The Jurors for the Right honrble the Lord Propry of this province yt now is for ye Body of Somrsett County upon their Oath do present yt Jno Vidall Late of Pocomoke hundred in ye County of Somrsett afd Mariner Willm Allen als Edward Coleman of ye same place Mariner Jno Parsons of ye Same Place Labourer Mary Ach of the Same place Spinster & Richd Gore of ye same place Labourer Servant to Hugh Porter of ye said County Gent ye twenty Ninth day of October Anno Dom Seventeen hundred & twenty Six at Pocomoke hundred afd in Somrsett County afd within ye Jur of this Court with force & arms &c  One Boat of ye value of seven hundred pds of Tobo of ye proper goods & Chattles of a Certain Thos Peal of Said County Marriner three sheets of ye value of twenty pds of Tobo Each Sheet one Iron pott of ye value of Twenty Six pounds of Tobo one wallett of ye value of four pounds of Tobo & one old smock of ye value of twenty pds of Tobo of ye proper goods & Chattles of a Certain Francis Allen of sd County Gent One Rugg of ye value of thirty pounds of Tobo one Bagg of ye value of seven pds of  Tobo one pillow of ye value of tenn pds of Tobo one sauce pan & three spoons of ye  value of two pounds of Tobo one platter of ye value of three pounds of Tobo one Dipsie Line of ye value of twelve pds of Tobo one Runlett of ye value of tenn pds of Tobo being of ye proper goods & Chattles of a Certain Jno Gowen of sd County Marriner one rugg of ye value of thirty pds of Tobo one Pillow of ye value of tenn pds of Tobo  one pair of Shoes of ye value of ten pds of Tobo one pair of Cotton Stockings of ye  value of sixteen pds of Tobo & one Check Shirt of ye value of twenty pds of Tobo of ye proper goods & Chattels of a Certain Palatiah Whittemore of ye Said County Merchant then & there being & found then & there feloniously did steal take & Carry away agt ye form of an act of assembly of this province now in force in such Case made & provided & agt ye Peace of ye Right honrble ye Ld Propry of this province yt now is his good rule & Governmt
Geo: Dashiell Clk of Indictments
Testes   Francis Allen, John Gowen, Palatiah Whittemore

On the backside of the foregoeing Bill of Indictmt it was thus Endorsed vizt Billa   vera   Joseph Macclester

Thereupon Command was given to the Sherr of Somersett County that he should take the afd John Videll, William Allen als Edward Coleman, John Persons, Mary Atch (and) and Richard Gore if &ca to answer &c   And afterwards in the same Court Came the Said John Videll, William Allen als Edward Coleman, John Persons, Mary Atch and Richard Gore in Custody of the said Sherr into whose Custody before that time was Committed for the Cause afd and being by the said Sherr sett to the barr here (Indictmt read) the said John Videll, Wm Allen Als Edwd Coleman, John Persons Mary Atch, and Richard Gore is thereupon Instantly demanded how they and Each of them and Every of them would acquitt themselves of the felony afd as by the Indictmt above is upon them, and Each of them and Every of them Imposed thereupon the afd Mary Atch says that of the felony afd as by the Indictmt above upon her Imposed She is Guilty thereof and putts herselfe in Mercy of the Right honrble the Lord proprietary of this province sent afd

But the said John Videll William Allen als Edward Coleman, John Persons and Richard Gore and all and Every and Each of them say that of the felony afd as by the Indictmt afd upon them and Each and Every of them Imposed, they nor neither of them are Guilty thereof and thereof for tryall they and Every of them and Each of them pray that it may be Enquired of by the Country and George Dashiell his said Lordships attorney who for his said Lordship in this behalfe prosecutes like wise whereupon afterwards here in the Same Court (being at the Barr) the afd John Videll, William Allen als Edward Coleman, John Persons and Richard Gore, and all, and Each of them, and Every of them Relinquisheth their and Every of their and Each of their verifications afd by them and Each of them  and Every of them before alledged and Say that of the Felony afd as by the Indictmt above upon them and each of them and Every of them Imposed they are guilty thereof and they and Each of them and Every of them putt themselves in mercy of his Said Lordship the Lord proprietor the fact afd whereupon the Court here valued the Boat in the Indictmt mentioned to fifty pounds of tobo being the proper goods and Chattells of the afd Thomas Peal as also three Sheets of the value of twenty pounds of tobo each sheet, one Iron Pott of the value of twenty six pounds of tobo of the proper goods and Chattells of the afd Francis Allen One rugg of the value of thirty pounds of tobacco one Bagg of the value of Seven pounds of tobo One pillow of the value of ten pounds of tobo one sauce pan and three Spoons of the value of Two pounds of tobo one platter of the value of three pounds of tobo one Dipsie Line of the value of twelve pounds of tobo one runlett of the value of ten pounds of tobo of the proper goods and Chattells of the afd John Gowen one rugg of the value of thirty pds of tobo; one pillow of the value of ten pounds of tobo one pair of Shoes of the value of tenn pounds of tobacco one pair of Cotten Stockins of the value of sixteen pounds of tobo one Check Shirt of the value of twenty pounds of tobo of the goods and Chattells of the afd Palatiah Whittamore

Wherefore it is Considered by the Justices here that the afd John Videl pay (unto) unto the sd Thomas Peal one of the party’s deprived four fold of the value of the Boat afd amounting in the whole to two six hundred pounds of tobo also that he pay unto the afd francis allen another of the partys deprived four fold of the value of the goods mentioned & said from him to be Stolen amounting in the whole to four hundred and forty pounds of tobo as also that he pay unto the said John Gowen another of the partys deprived four fold of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to two hundred and Ninty six pounds of tobacco likewise that he pay unto the Said Palatiah Whittamore the other of the partys Deprived four fold of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to three hundred and forty four pounds of tobo (the afd Boat goods and Chattles being by the Court valued according to Law as afd) and that the afd John Videl be whipt with five Lashes on the bare back well Laid on untill the blood appear and that he Stand in the pillowry a quarter of an hour and that he be taken &c   and thereupon as to the Corporall punishmt afd Command is given to the Sherr of Somersett County that he do thereof Immediate Execution according to the Judgmt afd rendered by whiping the afd John Videl at the Publick whiping Post with five Lashes on the Bare back well Laid on untill the blood appear and by Sitting him in the pillowry a quarter of an hour and afterwards in the Same Court the Sherr returns that he has done the Execution of the Judgmt afd as to the Corporall punishmt afd he was Commanded whereupon the Said John Videl is ordered by the Court to give Security for the paymt of the four fold afd and officers fees due to the Severall Officers by Occasion of the premisses afd but for want thereof the said John Videll is Committed Committed into the Custody of the Sherr of Somrsett County thereto remain the Said Sher being present took Charge of the Said John Videll accordingly &c

Wherefore it is Considered by the Justices here that the afd Wm Allen als Edward Coleman pay unto the afd Thomas Peal one of the party’s deprived four fold of the value of the Boat afd amounting in the whole to two hundred pounds of tobo also that he pay unto the afd francis allen another of the party’s deprived four fold of the value of the goods mentioned & said from him to be Stolen amounting in the whole to four hundred & forty pounds of tobo as also that he pay unto the said John Gowen another of the party’s deprived four fold of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to two hundred & Ninty Six pounds of tobo   Likewise that he pay unto the Said Palatiah Whittemore the other of the party’s Depriv’d four fold of the value of the goods mentioned in the Indictmt from him to be stolen amounting in the whole to three hundred & forty four pounds of tobo (the afd Boat Goods & Chattells being by the Court valued according to Law as afd) & that the afd William Allen als Edward Coleman be whipt with five Lashes on the Bare Back well Laid on untill the Blood appear & that he stand in the Pillowry a quarter of an hour & that he be taken &c and thereupon as to the Corporall punishment afd Command is given to the Sherr of Somersett County that he do thereof Immediately Execution According to the Judgmt afd render by whiping the afd William Allen als Edwd Coleman at the Publick whiping Post with five Lashes on the Bare Back well Laid on untill the Blood appear & by sitting him in the Pillowry a quarter of an hour afterwards in the Same Court the Sherr returns that he has done the Execution of the Judgment afd as to the Corporall Punishmt afd he was Commanded whereupon a Certain Thomas MccCoster and Joseph Pemberton being Present in Court made oath to the best of their knowledge that the afd Wm Allen als Edwd Coleman is a Servant to a Certain Saml Gale Living in the Jersies &a

Thereupon the said William Allen als Edward Coleman is Committed into the Custody of the Sherr of Somersett County thereto remain &c the said Sherr Present here in Court took Charge of him accordingly &a

Wherefore it is Considered by the Justices here that the afd John Persons pay unto the afd Thomas Peal one of the partys deprived four fold of the value of the Boat afd amounting in the whole to two hundred pounds of tobo also that he pay unto the afd Francis Allen another of the partys deprived four fold of the value of the goods mentioned & said from him to be Stolen amounting in the whole to four hundred & forty pounds of tobo as also that he pay unto the said John Gowen another of the partys deprived four fold of the value of the goods mentioned in the Indictmt from him to be stolen amounting in the whole to two hundred & Ninty Six pounds of tobo Likewise that he pay unto the said Palatiah Whittemore the other of the party’s deprived four fold of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to three hundred & forty four pounds of tobo (the afd Boat goods & Chattells being by the Court valued According to Law as afd) & that the afd John Persons be whipt with five Lashes on the Bare Back well Laid on untill the Blood appear & that he stand in the Pillowry a quarter of an hour & that he be taken &c & thereupon as to the Corporall punishment afd Command is given to the Sherr of Somrsett County that he do thereof immediate Execution According to the Judgmt afd render by whiping the afd John Persons at the Publick whiping with five Lashes on the Bare Back well Laid on untill the Blood appear & by Sitting him in the Pillowry a quarter of an hour afterwards in the same Court the sherr returns that he has done the Execution of the Judgmt afd as to the Corporall Punishmt afd he was Commanded  Thereupon the said it is ordered by the Court that the afd John Persons Give Security for the four fould and fees afd whereupon a Certain Joseph MccClester present in Court in his proper person undertakes for the said John Persons for to pay the four fould afd and the severall Officers their fees due by occasion of the premisses upon the Indictmt afd

Wherefore is Considered by the Justices here that the afd Mary Atch pay unto the afd Thomas Peal one of the party’s deprived four fold of the value of ye Boat afd amounting in the whole to two hundred pds of tobo also that he pay unto ye afd Francis Allen another of the partys deprived four fold of the value of the goods mentioned & said from him to be Stolen amounting in the whole to four hundred & forty pounds of tobo as also that he pay unto ye said John Gowen another of the partys deprived four fold of the value of the goods mentioned in the Indictmt  from him to be stolen amounting in the whole to two hundred & Ninty Six pds of tobo Likewise that he pay unto the said Palatiah Whittemore the Other of the party’s deprived four fold of the value of the goods mentioned in the Indictmt from him to be stolen amounting in the whole to three hundred & forty four pds of tobo (the afd Boat goods & Chattells being by the Court valued according to Law as afd) & that the afd Mary Atch be whipt with five Lashes on the Bare Back well Laid on untill the blood appear & that She Stand in the Pillowry a quarter of an hour & that she be taken &c and thereupon as to the Corporall Punishmt afd Command is given to the sherr of Somrsett County that he do thereof Immediate Execution According to the Judgmt afd rendred by whiping the afd Mary Atch at the Publick whiping Post with five Lashes on the Bare Back well Laid on untill the Blood appear & by sitting her in the Pillowry a quarter of an hour afterwards in the Same Court the sherr returns that he has done the Execution of the Judgment afd as to the Corporall Punishmt afd he was Commanded  Whereupon it is ordered by the Court that the afd Mary Atch give Security for the paymt of the four fould and the fees afd but for want thereof Command is given to the Sherr of Somersett that he Sell the afd Mary Atch to the biggest bidder not Exceeding Seven Years to reemburst the four fold and fees afd due by Occasion of the premisses thereupon the Said Mary Atch pursuant to the afd Command is Sold by the Sherr to a Certain James Bowcher for Seven Years to Commence from this term for the Sum of two thousand and ten pounds of tobo for the use of the County &c

Wherefore it is Considered by the Justices here that the afd Richard Gore pay unto the afd Thos Peal one of the party’s deprived four fold of the value of the Boat afd amounting in the whole to two hundred pds of tobo also that he pay unto the afd Francis Allen another of the party’s deprived fourfold of the value of the goods mentioned & said from him to be stolen amounting in the whole to four hundred & forty pds of tobo as also that he pay unto the said John Gowen another of ye partys deprived four fould of the value of the goods mentioned in the Indictmt from him to be stolen amounting in the whole to two hundred & Ninty Six pds of tobo  Likewise that he pay unto ye sd Palatiah Whittemore the other of the party’s deprived four fould of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to three hundred & forty four pds of tobo (the afd Boat goods & Chattells being by the Court valued According to Law as afd) & that the afd Richd Gore be whipt with five Lashes on the Bare Back well Laid on untill the Blood appears & that he stand in the Pillowry a quarter of an hour & that he be taken &c & thereupon to the Corporall Punishment afd Command is given to the Sherr of Somrsett County that he do thereof Immediate Execution according to the Judgmt afd render by whiping the afd Richd Gore at the Publick whiping post with five Lashes on the Bare Back well Laid on untill the Blood appear & by sitting him in the Pillowry a quarter of an hour afterwards in the same Court the Sherr returns that he has done the Execution of the Judgmt afd as to the Corporall Punishment afd he was Commanded   Whereupon Hugh Porter master of the afd Richard Gore undertakes to deliver the said Richard Gore up to the County Court or Sherr of the Said County at the Expiration of the his Servitude afd to reemburst the four fold and fees due to the Several Officers due by means of the premisses afd &c
Somerset County Judicial Records, 1725-1727, Volume 840, page 183-185
http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–183.html

March Court  1726.  p. 248
LG  Thomas Predix @ John Gowen

(Summary of Case – Note:  The court hears the case of Thomas Predix against John Gowen.  It is a case for non-performance.  The court find against Thomas Predix in that Thomas Predix had “no damages” and orders him to pay John Gowen for the cost he incurred in defending his case.  The court states:

“Therefore it is Considered that the afd Thomas Predix take nothing by writt and declaration afd but be in mercy for his falce Clamour and that the afd John Gowen goe thereof without day &c and that the afd John Gowen Recover against the afd Thomas Predix in the sum of Ads pounds of tobacco for his Costs and Charges by him fees about his defence in that Part Expended to the same John by the Court hereof his assent according to the form of the Statute in Such Case Lately made and provided adjudged”.

Somersett fs  John Gowin Late of Somersett County marriner was attached to answer unto Thomas Predix of a plea of trespass upon the Case &c And whereupon the Same Thomas by Levin Gale his attorney Complains that Whereas the afd John the tenth day of august Anno Dom one thousand seven hundred and twenty five at Somersett County within the Jurisdiction of this Court was Indebted unto the afd Thomas in the Sum of five pounds and six pence Currt money as by acco  herewithin Court produced may appear and so thereof being Indebted the same John in Consideration thereof afterwards to witt the same day and year afd at the County afd within the afd Jur of th upon himselfe assumed and to the same Thos then and there faithfully promised that he when afterwards he should be thereto requested the afd sum of five pounds and Six pence Currt money to the Same Thos would well and faithfully Content and pay Nevertheless the said John his promise and assumption afd in forme afd made Little Regarding but plotting and fraudulently Intending the afd Thos in that part to defraud and deceive he the afd Jno the afd sum of five pounds and six pence Currt money or any part thereof to the same Thos (altho’ afterwards to witt the same day and year afd at the County afd within the afd Jur he was thereto requested) he hath not paid nor the same Thomas for it in anywise Contented but the said John the same hitherto to do hath altogether Refused and Still doth Refuse to the damage of the same Thomas of ten pounds and one Shill Like money and thereof he brings this suit &c
L Gale P Quer Pledges &c J Doe R Roe

Janry ye 15th 1724/5.  John Gowin
To 13 yds of druget at 6s pr yd
To 84 yds of shalloone
To 2 yds of Buckram
To 4 skines of silk
To Crdt given Jno Mumford
To rum at Sundry times
To Tobo for new England
Dr
3..18..0d
2..2..6
0..4..0
0..2..0
1..0..0
0..7..0
1..12..6
9..6..0
P Contra
By 1 Barrell of porke
By 1 Hatt felt
By sundrie paymts

Ball due to me is Saving Errors pr me
Thomas Predix.  Cr
2..0..0d
0..15..0
1..10..6
4..5..6
5..0..6
9..6..0

Jurat Incuriæ in Common form     Thos Hayward Cl

And the afd John Gowen by George Dashiell his attorney Comes and defends the force and Injury when &a and prays Leave to Imparle hereunto untill the next Court and he hath it and the same day is given to the afd Plft here also

Att which said next Court to witt the Sixteenth day of august anno Dom One thousand seven hundred and twenty six Came againe as well the afd Thomas as the afd John by their attorneys afd and the same John by his said attorney prayed further Leave thereof to     Imparle here untill the next Court and he hath it and the same day is given to the afd     Plft here also

Att which said next Court to witt fifteenth day of November Anno Dom One thousand seven hundred and twenty six Came again as well the afd Thomas as the afd John by their attorneys afd and the same attorney of the afd John saith nothing in bar or avoydance of the action of the afd Thomas by which the said Plft Remaineth agt the afd Deft thereof undefended  By which the afd Thomas his damages by occation of the non performance of the promise and assumption afd against the afd John Ought to recover but becaus it is not known to the Court here what Damages the afd Thomas   hath sustained as well by Occasion of the Nonperformance of the promise and assumption afd as for his Costs and Charges by him about his suite in that part Expended

therefore Co it is Commanded the Sherr that by the Oath of honest and Lawfull men of his bailywick he diligently Enquire what damages the afd Thomas hath sustained as well by occasion of the nonperformance of the promise and assumption afd as for his Costs and Charges by him about his suite in that part Expended and the Inquisition which thereof he should take to his Lordships the Right honrble the Lor prietary’s Justices of the Peace at the next Court to be held for the County afd at dividing Creek the third tuesday of august march next under his seal and the seals of those by whose Oath he makes the same Inquisition he send together with the writt thereof to him directed &c and the same day is given to the afd Jno here also

Att which said next Court to witt the third tuesday of march being the twenty first day of the same month anno Dom one thousand seven hundred and twenty six at dividing Creek in the County afd Cometh  the afd Thomas Predix by his attorney afd and the sherr to witt Francis Allen Gentleman likewise Cometh and maketh Return of a Certain Inquisition taken before him at the house of Mr James Martin at Snow hill Town in the County afd on the twenty Eighth day of December one thousand seven hundred and twenty six by which it appears that the afd Thomas Predix hath not sustained any damages by Occasion of the nonperformance of the Promise and assumption afd of the afd John Gowan

Therefore it is Considered that the afd Thomas Predix take nothing by writt and declaration afd but be in mercy for his falce Clamour and that the afd John Gowen goe thereof without day &c and that the afd John Gowen Recover against the afd Thomas Predix in the sum of Ads pounds of tobacco for his Costs and Charges by him fees about his defence in that Part Expended to the same John by the Court hereof his assent according to the form of the Statute in Such Case Lately made and provided adjudged &c

http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–248b.html
Somerset County Judicial Records, 1725-1727, Volume 840, page 248b – 249.