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Somerset County Judicial Records, 1683
Volume 90, Page 6   View pdf image (33K)
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6


of good Sound marchantable tobacco and Caske to Contain the same To be paid upon all demands made
by the Said Richard Harris according to order & acceptance of him his heires executors admrs or assignes
upon demands of either of them after y 15th of November next ensueing the date hereof: 8rdly
he the said Wm Thomas doth promise & agree That the said Richard Harris Shall have All y Corne yt
is made upon the plantacon at Twenty pounds of Tobacco pr bushell: 9thly & lastly both the said
parties to these present doth hereby Covenant and oblidge themselves each to y other in y observance
performance and faithfully all wholy and Singular y premisses as they the said parties have
agreed Indented and Covenanted In Wittnesse &c All wch the aforesaid Richard Harris have not on his
part kept whereupon the plte brings his Sute : / : Pledge: de Pro. John Doe
Seaward pro quer Richd Roe
Plea: Thomas plte Harris deft
The deft by his Attourney James Langster Comes & Sayes that he the Sd plts accon of Covenant ought not to
have because yt ffitz Herbert in his Natura brevium fol: 145 in his distinction of a Covenant reall & personall
noteth well that no accon of Covenant is maintainable without Specialty wch said Specialty is here
wanting to make up the said Covenant Legall or Maintain the said writt of Covenant Complt Attourney
folio 97 And this the deft pleades in Barr to ys accon novembr Cort 1683
Langster pro Deft
Edward Smith being Summoned on the behalfe of y plte who Saith yt the Covenant bewixt him & the deft
delivered to his keeping desires that he may be produce the same wch is read vizt
Articles of Agreement had made Covenanted indented & Concluded on By and betweene William
Thomas of the County of Somerset and province of Maryland planter of the part And Richard Harris
of the County and Province aforesaid of the other part this nineteene day of March Sixteen hundred
eighty Two Wittnesseth ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Imprimis He the Said Richard Harris doth Covenant and Indent to and with the said William Thomas to Lett-
him the Said William Thomas have three hands to witt Thomas Barnes & John ffletcher and A negroe
woman now in the possession of him the Said Richard Harris which hands are to be at the ordering
& disposeing of him the said William Thomas as to theire worke and manageing of A Crop here
upon the plantacon now in the occupacon of him the said Richard Harris with all the Cleared ground
houses and necessaries thereunto belonging for the makeing of a Crop and Curing & Secureing
the Same To have & Possess the said hands houses with other Conveniences afore mentioned until
the fifteene of November next ensueing the Date hereof above written ~ ~ ~ ~ ~
2dly he y said William Thomas doth Covenant and obledge himselfe with the Said hands to beat all the
Syder that Shall be to be beaten upon the plantacon belonging to the said Richard Harris while
he the Said William Thomas shall have the said hands in his Possession ordering: alsoe he the said
William Thomas doth obledge himselfe or that Some of the hands Shall by his order at all time &
times when it Shall be required grinde & gett wood for the fire ~ ~ ~ ~ ~ ~
3dly he the said Richard Harris doth Covenant & promise that if y houses now upon the plantacon will
not Containe the Tobacco yt Shall be made by him the said Wm: Thomas with the aforesd hands
That towards the building of another house that he the Said Richard Harris Shall be at y Charge
to hire A thatcher & pay for the Carting of Sedge & nailes to naile on the Lathes upon the Rafters he
the said William Thomas is to be at all other Charge of building the said house which Shall have
occasion to built as to getting of Timber fetching of Sedge home or Such Like ~ ~ ~ ~ ~
4thly: he the said Richard Harris doth Covenant & oblidge himselfe to finde him the said William Thomas
Sufficient Diett washing & Lodging and Tooles for the Said three hands to witt the Tooles yt they
have now to work with for the said term of time above written and alsoe diett washing & Lodging
for the Said hands wholy at his the said Richard Harris his Cost & Charge ~ ~ ~ ~ ~
5thly He the Said William Thomas doth promise and agree that the Negroe woman Shall at all time &
Times when it is required Shall wash or helpe to wash what Clothes there Shall belong to his the
said Richard Harrises family ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
6thly: He the said William Thomas doth Covenant & agree to mend or make a fence about the orchard
Sufficient to preserve it from hoggs & horses ~ ~ ~ ~ ~ ~ ~ ~ ~
7thly: He the Said Wm Thomas doth firmly Covenant and oblidge himselfe his heires executors & admrrs:
firmly by these presents for the Consideracon of the aforesaid hands and premisses to pay or Cause
to be paid unto the said Richard Harris or his order the full & Just Summe of Six Thousand five hundred
pounds of good Sound marchantable tobacco & Caske to Containe the same to be paid upon all
demands made by the Said Richard Harris according to order and acceptance of him his heires
executors admrs: or assignes upon all demands made by either of them after y fifteene of November
next ensueing the Date hereof ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
8thly; Hee the Said William Thomas doth promise and agree that the said Richard Harris Shall have all the
Corne that is made upon the plantacon at twenty pounds of tobacco pr each Bushell of Corn ~ ~ ~
9thly: And lastly both the said persons to these presents Doe hereby Covenant & oblidge themselves
each to y other In the True observance pformance and faithfully all wholy & Singerlarly the
Premisses as they the Said partyes have agreed Indented & Covenanted In wittness whereof they
have hereunto put theire hands & fixed theire Seales this nineteene day of march Anno Dom 1682/3
Signed Sealed & delivered Richard Harris (Seale
in presence of us Wm: Thomas (Seale
Wm Richardson
Attalanta Osborne


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Somerset County Judicial Records, 1683
Volume 90, Page 6   View pdf image (33K)
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