| Thomas Christian, 1657 |
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| Submitted by: | Joyce M Oates |
| Date: | 5 July 2004 |
| Original: | LDS: 0106199 |
Note: The pagination may not be correct and translated or doubtful wording may not be indicated.
The top part of the pages of this Decree are missing.
[Thomas Christian departed this life ... the Court having notice thereof ... hath decreed .....] 3d August 1657: Upon[?] sight of the Invent which is written and ....[hidden in fold] more yet may be added, and upon consideration shall ... the sd invent is the portion that la--- by the .... of sd deceased Tho: Christian; The Court hath thought fitt to allow 10 pounds as a legasye to the sd wife. 15th 8ber 1657 Wm McYlrea hath taken his oath that he will conceale noe part of the goods due to the Administrator of Tho: Christian neither will he suffer it to be concealed by any other so far as his knowledge will direct .... 15th 8ber 1657 Wm Christian entereth his claime against the Administrator of Tho: Christian for the sum of 20s and craveth tryall accordinge to Law. 29th Jan: 1657/8 Wm Christian hath proved his claime therefore ...... is granted for the deads. Patr Christian entereth his claime against the sd Administrator for the sum of 30s and craveth tryall. 11th December 1657 The sd Patr eneterth for 10 d more and craveth tryall. Wm Teare entereth his claime for a saddle price 8s & craveth tryall. 9th December 1657 Hen: Calthorpe entereth his claime against the Administrator of Tho: Christian for 2s & craveth tryall according to Law. .. Ja: 1657/8: Richd K..... entereth his claime against the Administrators of the abovesd for 2s and craveth tryall according to Law. [words missing because part of top of page is missing] .... office of the Spirituall Courtt: The humble petition of the Supervisors, of Tho: Christian son of Tho: Christian late deceased, ... humbly Sheweth, That whereas by the Law and Custome of the Isle, yt any man or woman die having by one child the next of kinred upon the father syd is to have the custody of the said child with his goods till he be 14 yeares of age; Therefore your petitioner humbly desires they may accordingly have the custody of their brother Tho: Christian deceased his son and goods as the Law provides giving in sufficient securitie for the same so shall they ever pray. [top of will is crumbled away] KK .... Although the Statue La—..... a tuition of a child, & his goods to the next of kinred on ye father side when there is but one child betwixt man and wife & no other ppension .... for ye sd child yet notwithstanding we finde by ye Custom & practice formerly used in such cases, yt ye mother hath .... had ye tuition of such a child for fear of future inconvenience & ye next of kinred on ye fathers side the lande & goods yerly [pay]inge thereout sufficient maintenance for ye child at ye[?] .... of 4 ---est neighboures; Therefore according to that Custom it is ordered that ye child petitioned for shall be in the custody of Parson Robt Parr (his mother who had his tuition being now deceased) in regard yt noe part of his estate may (by his death) fall, or become due to ye sd Parson Parre as to ye Supervisors now petitioninge for his tuition) it would but for his goods (The lands belonginge to ye Law Temporal) the next of Kinred on the father side to have the custody of them & to that purpose ... .... is once more granted (as formerly it was) to ye Supervisors to receive ye Goods due unto ye sd child according as they stand. 3d May 1658 Do: Christian entereth his claime against the Administrator of his son Tho: Christian for these particulars following and craveth tryall accordinge to Law: Impremis for a cow that he sold to the sd Do: his father’s goods 1 pound : 12 shillings 00 pence; It, for half an oxe which he likewise sold 0:13:00; It, for 18s which was sent by the sd Tho: to Jo: Teare which he neither paid noe[?] .... stored the same to his sd father 00:18;00; It, more lent to the sd Tho: by his father 01:00:00.20th May 1658 Gilbert Clearke entereth his claime against the sd Administrator for 20s & craveth tryall accordinge to Law.[top of paper crumbled, only a few words missing] .... whereas ye petitioner’s daughter Jane Garrett als Parr is deceased ... that her child Tho: Christian is ...... and m...... and that the Law require that ye next of kinred on the mother’s side to be supervisor as well as ye next of kinred on ye father’s side, it is humbly desired that the mother’s sister Margrett Parr and the mothers uncle Mr. Thomas Parr be joined with the supervisors on the father’s side ... .. either have not name[?] said Do: Christian their father notwithstanding all the injuries the sd Do: endeavored to de to the sd child, And whereas the said Donold Christian (who allured[?] his son Tho after the Contract Bargain was syned sealed & de[liver]ed as appears to give bestow or remitt his mother’s goods upon him, or unto him the sd Don: upon protestations and permitted that the should have all he had after Patr and Jony had a portion or were preferred) doth now himself, his son and brother with as manie as he can perswaid enter claime against the sd Tho: Executors for debts formerlie, which is against all con------ & ..... in the sd Do: to take his goods and other mone goods and gifts to pay his debts as he hath done formerlie to take a part of the crop of corn to doe ... mother’s funeral; And moreover in regard Patr Christian took 18 or 20 pounds of your petitioner’s daughter portion before she was aware and a yeare and a day married without her knowledge or consent or any ... done for it, or giving any manner of satisfaction for the same and will not restore the same alledging that he was to have 20 pounds by the contract bargain but will not acknowledge that it was for bricking a tan house on the farme and teaching ... his brother the traid and to leave the tan house with h im in the farme, These are therefore humblie to beseech you first that the supervisors be sworn on the mother’s syde to see ... a full & perfectt Inventory brought in with the sd moneys which the sd Patr received and that you will grant your authoritie that the witness may be produced and sworne that the sd Patr was to doe ... sscure aforesaid for the 20 pounds and if[?] that will not appeare or that he can make it appeare that it was ... considerations he shall have the 20 pounds and .... it is desired that the said partie .... have entered claymes produce lawfull .... to prove the same or to be referred to the grave as Law requireth the Supervisors having notice ..., & he will pray. 29th Ja: 1657/8 & also 21 May 1658: Forasmuch as there is complaint made by Dollin Clearke one of the Supervisors of Tho: Christian .... of the goods due to the administrator of the sd Tho: are co--eated[?] Therefore a ..... inquest is granted who are to bring in their answer at next Court subpoena 10 pounds. ..... ..... the same Complaint was made the 21th of May 1658 and authority granted as for ..... 2d August 1658 Foreasmuch as Tho: Christian is now deceased .... Parre desire .... ther aid & th--- kinred on .... Lands of ..... Court hath .... the ..... [top of page crumbled away and missing] ........ and other friends were Ro-- ........ ... in Contract bargain The-- ........ is given to[?, ?be] ... the same, & within .. ... ..... .... dayes a perfect invent is to be brought in upon Record subpoena 20th ... Domini[?] and further pa---- ... at the discretion of the Court ... decretio est. [top of page crumbled away] ........ priced 13s 8d; Itm ... 4 boules & half firlett mault 26s 0d; Itm 2 ... a heifer 2 yeares old left to him in ye will of Tho Clerke priced to 5s 4d. The above meale if it be found to be due for ye yeare 1656 we doe allow the above price but if for ye year 1655, 18s. Added the 20th of May 1658: Deducted out of the Invent as followeth which was laid out ... father at his son Tho: Christian’s funeral: for drink from the walke milne 0:13:0; for 3 firlet mault 0:18:0; a coffin 0:08:0; the minister 0:01:0; linen cloath 0:04:0; probation 0:3:4; more 0:0:4. [Inventory: top of page crumbled away] Imprimis .... or[?] 17 sheep; Itt, 1 cowe, & her increase; Itt, 1 stear; Itt, 4 boules of meale & ......; Itt, his sister’s part of goods due by ... executors. Note: These particulars are ... inventory .. & more in Regard it is alledged by Do: Christian his father that the sd goods are not of right due, to the administrator of the sd Tho: .... he ought to have proceed the br----[?] This time but being visited with sickeness by which he hath been[?] disabled to ... the same as also to appeare at this Court therefore further time is given ................. next Sheading Court to prove the same and in case he faile therein the sd goods are procede[?] and several subpoena double value of the sd goods as also to perfect the Inventory. [Top of page crumbled away] Patr Christian .......... how much moneys ......... his brother Tho: Christian .... --fore ... at what ... ....... as follow: First, That he received in Summer 1656 03 pounds : 00 shillings : .. pence; Itm, in the beginning of winter last 15:00:... [Inventory] Impr .. pewter dishes 4 pound priced 0:4:x; It: half sadle 0:3:6; It: in Ewan Christian & Jo: Quarke hands allowed legasie to the wife 10:0:0; It: in Captain John Christian hand 10:15:0; It: half the Bishops third of KK Bride 2 yeare viz 10 pound .....; It: in monyes 7:4:10; It: in Mr Parson Parre his hand 5:0:0; It: 6 hogges and ye 2 parts of a hogge 0:10:0; It: a Bible; It: half trunke 0:6:0; It: his hat apparel and cloake priced 1:0:0; It: a payre of old bootes 0:5:0; It: 5 pounds and a half pound of woolen yarne 0:3:2-1/2; It: 3 yards and half yard of linen cloath 0:2:11; It: 1 yard and half a yard of hurden cloath 0:0:7; It: two pound and half pound of hemp 0:0:8; It: 3 parts of a pound of flax 0:0:7-1/2; It: 3 parts of a pound of hurden 0:0:4; It: 2 yards of white blanket 0:4:0; It: 2 pound of woole 0:0:6; It: a payre of linen hose 0:0:6; It: 1 old cassage and a old payre of shooes 0:1:0; It: 2 parts of the horses priced 4:0:0; It: half diping[?] of netts and 4 fathom of a old rope 0:0:8; It: 2 parts of a swine 0:2:0; It: in firre oates 0:10:6; It: 2 parts of a cow and a calf which came from Mrs Parre 1:0:0; [total] ..:17:11. That the riding horse mentioned in the Contract Bargain and not yet cleared in regard of an appeal .... by Do: Christian is included in Tho.[?] horses Ye 20pounds alledged in this sum. Its likewise conceived fit yt ye 18 pounds acknowledged by Pat: Christian to be in his hands shall be added .... ..... Ye Invent of Tho: Christian & for ye 20 pounds alledged & challenged to be due to him by Contract bargain ye same upon proofe hrof; & upon .. grounds & reasons it was promised, is hn to be deducted as other debts are. Will Freere his mark X, Tho: Bittle his mark X, Tho: Clarke his marke X, John Clarke his marke X. The whole sum is 61 pounds = 18 shillings = 11 pence. [There are words dated July 23d 1664 that are too dark for me to make out] ... added to the Inventory ......... [top of page crumbled away] .... of and besides the 10 pounds on[?] ............. The goods mentioned in the sd ........... custody of Patr, Anne and Jony Christian, who have given in pledges Jo: Caine of Ballagawne[?] in KK ....[hidden in fold] Tho: Clearke of Jurby, & Wm McYlleraie of KK Christ LezAirye jointly & severally the .... heire and executor for the forthcoming of the ... Invent, and securing ye office subpoena double ye value and use[?] Dominei & for what more may bee added thereto. 10ber ye 10th 1664 Moore added to ye Invent by Pat Christian one of ye Supervisors 3s 4d, due from William [Freer] Feb: ye 9th 1664, At Bishop’s Court: Pat Christian is ys day sworne in Court to bring in a perfect Invent of all the goods moveable unmoveable yt belonged to his brother Tho: Christian at his death, within 14 dayes subpoena juris (if not already perfected). Note: yt ye sixteen oxen, ye Crope of corne, & husbandry geares is to be added to the Invent: [top of page crumbled away] ................. to his 2 children ........... & Tho: 20s[?, ?Xtian] illegitimate[?] ....... as a legasye from Tho: Clarke ....... and ye same in ye overseers hands. Feb ye 21th 1664: More added to ye Invent: Imprimis in cars & straddle[?] 0:3:0; plow geares, & Harrow geeres 0:5:6; 2 ladders 0:1:6; roaps & rakes 0:1:6; 2 oagers, 2 pickforks, a hand ...[?ax] & 2 groaps & other necessaries 0:2:06; 3 paire of harrows, 2 plowes with ye draughts, 2 coltors, 2 sacks 1:0:6; spaides 0:1:6. Prazors names: Willm Freer, Rob: Clucas; Joh: Clark, Joh: Teere. [top of page is crumbled away] Th--- ...... Christian hath desired that his wife ..... may ...... to prove his clayme against the Adminsitrator of Tho Christian for the sum of 10 pounds which sume (as it appears by his own confession) is clamed[?] to be due by virtue of a ..... disclosed[?] private contract or ..... betwixt the sd Patrick his said brother and the witnesses to be his father, unkle and brother in law; against whom Mr. Parson Parre, & Dollin Clarke one of the Supervisors have objected that they are not (in respect of therr .. gave and couser went[?] in that busines) competent in Law to prove the same. Therefore they are not accepted of this Court at present till further and better reason shered[?] for the same. And for his claime of 20 s, there appears now to prove that but himselfe; Therefore his oath is not accepted of at present until better cause be shewed for the same as aforesd. It is likewise conceived fitt that the 18 pounds (acknowledged by the sd Patr Christian to be in his hands) shall be added to the Invent of Tho: Christian, and for the 20 pounds alledged and challenged to be due to him by Contract Bargain, the sum upon proof thereof and upon what gr---- and reason it was promised, to be deducted as other debts are. [several words lost at top of paper which is crumbled away] With consent of both parties ........... & Pat: Christian Supervisor & with ye appr---- ...... Supervisors both by father & mother, hath referred ye yearly maintenance of ye child, to ye Right Reverend ye Ordinarie; who hath allowed & ordered foure pounds yearly for ye child maintenance out of the lands & goods, besides ye widows right reserved[?], & ys to continue yearly till ye child come to lawfull yeeres of age: dated die predicto[the date at top is crumbled away]. Provided all ways yt ye .... Pat: Christian is to be responsible to parson for ye two yeeres past forthwith, or to returne to prison againe: and if ye Jury give in .. voidest[?] yt ye said Pat: Christian is in any thing damnifed concerning ye mi--- yt ye said Parson Parr is to make him restitution die predicto. Isaac Sod: & Man. Joh: Harrison, Ro: Parre, Joh: Huddlestone. The subscription of ye Supervisors annexed hereunto: Tho: Parre, Patricke Christian, Charles Parre, John Corlett, Willm McYlrea. Feb 22 1664/5 The ten pounds in Ewan Christian & Joh: Quarke hands expressed in ye Inventory of Tho: Christian is allowed to ye wife Jaine Parr as a Legasie, as appears upon Record, & not to be charged upon ye Supervisors of Tho: Christian, tho it be put in ye Invent: upon Record. The 10 pounds 15s in Capt Joh: Christian hand, wherewith he is charged in ye said Invent: was received by George Garrett & his wiffe Jaine Parr, as appears by acquittance: the one halfe thereof ye said Jaine Executors is to make good, & ye other half is to be tried by Law, who is to pay it: in the intorim, ye supervisors of Tho: Christian are discharged; till it be recorded, if it can: die predicto. [several words missing due to top of page being crumbled] ............. Joh Huddleston Registrar. .............. Tho: Christian, & endevouringe to find out ...... of the said Invent remaines in Parson Parrs hand & ... .... in Pat: Christian hands upon due examination we finde yt yr remaines in Parson Parre hand first 5 pounds 0 shillings 0 pence, 2ndly the two parts of a cow & calfe 1:0:0. And are to be added to ye Invent of Tho: Christian; it not ..... ... beinge goods due to his child Tho: Christian junior: the which, ye Parson is willinge to allow in what goods is due to him from Pat: Christian in the behalfe of his daughter Janie Parr: & Pat: Christian to be responsible for ye same to ye Executors of Tho: Christian. It is also alleged by Pat: Christian yt Jaine Parre took away these ensuing particulare with her wholly; & being not proved, its referd to bee tried before our Reverend Ordinarie, yt is to say: It 3 yards & a halfe of linen cloath 0:2:11; It, 12 pounds & half of hempe 0:0:8; It, 3 parts of a pound of flax 0:0:7; It, 3 parts of a pound of hurghen 0:0::4; It, 2 yards of white blanketing 0:4:0. The Legasies, & other goods yt fell due to Tho: Christian (as is alledged) by his sister, & other friends, is to be proved, & cleared by coppies of ye Record & also to whom they were pain, & by whome as also who had ye benefit & profit of ym, since they .... received. And forasmuch as it is alledged, yt Margt Christin made a will, & not yet manifest to ... ye proofe thereof is referd to ye Records. And as for ye 17 boules of meale, & ye one boule of malt claimed for ye yeer 56, and for part of ye yeere 57 being 7[?] boules of meale & a fir: of malt, is referd to our Reverend Ordinairie: & also ye graissing of a horse, & 4 cowes, for certaine yeeres: for yt ye Invent cannot be perfected, till those differences be cleared: [several words at top of page are missing due to crumbling of page] .... examination, & ............ those particulars are .. ................ to be restored by him the said Pat: ...... ........... & not included in the Invent of Tho: Christian .......: It, in pewder ..:..:x8; It, half saddle 0:3:6; It, in moneys 7:4:10; It, her part of ye hoggs & sheep 0:5:0; It, half trunk 0:6:0; It, in woolen yarne 0:3:0; It, 1 yard of hurghen cloath 0:0:7; It, two pound of woole 0:P;6; It, ye 3d part of ye horses 2:0:0: It, in fishing netts 0:0:8; It, in Willm Freer’s hand 0:3:7; It, ye 3d part of a swine 0:1:0; It, in firr dayles 0:10:6; It, in Hugh Cannell hand 0:5:3; It, ye 3d part of more sheepe 0:6:10; sum: 11:15:10. Janry ye 8th 1678: This day Thomas Christian son of Tho: Xtian of Jourby being at lawfull years came to ye Records with his Supervisor Patrick Christian, and acknowledged himself to have rec’d from the hands of his sd oncle & Supervisor all such goods of wt kind or nature soever as were due to the .... the sd Thomas by the death of his father aforesd or deposited into ye hands of ye sd Patrick, and doth therefore by these presents for ever acquit exonerate & discharge his sd oncle and the rest of ye Supervisors and his & their heirs executors and administrators of the same, and desires that this general release may remain annexed to his father’s Inventory for his sd Oncle’s discharge & ...... est and to acknowledge ye same to be his act & deed subscribes his name, Tho: Christian. Per me Joanen Christian Registrar Archd