Court Action of Henry the Immigrant Against Alexander Swan

Present Day Lancaster County Courthouse (2004)

I have seen several transcriptions of the 1706/1707 court action of Henry the Immigrant against Alexander Swan, but often they are incorrect or incomplete. Below is my own exact (to the extent possible) transcription, archaic spelling and all, taken from the original record at the Lancaster County court house. Brackets enclose my comments, "(er)" stands for a special symbol used by the Lancaster clerk for the letters "er," "y" is the thorn when used in "y^e" (The). The year of 1707 in the reference is from the Gregorian Calendar. The record actually gives a year of 1706 for the court proceedings. 

Court of 12 Mar 1707, Lancaster County, Virginia, Order Book 5, 1690-1713, pp. 168A-168B.

Att a Court held for Lancaster County the 12^th day of March 1706/7 att y^e Court House there from her Maj^ts [Majesty’s] Justices (viz)
Cap^t. Henry Fleet                       Capt Alexd(er) Swan
Maj Edwin Lyler                       Cap^t Richd Ball
Capt Wm Ball                            m(er) Tho: Carter
 . . .
[Margin] Tapscott Swan
Whereas Henry Tapscott Exhibited a Peticon [Petition] to this Court ag(ent) [against] Alexdr Swan And in y^e sd peticon Sett forth that he y^e sd Henery came into this Country und(er) the tuition of Cap^t. Jeffry Baylie in the ship in the ship [sic] Wm. & Orian a free passenger on y^e 12^th day of Jan(er)y Last was seaven years and being desirous to stay in y^e Country y^e sd Jeffery Baylie condescended to lett yo(er) pet(er) [petitioner] stay with Capt Swan who writt Letters to yo(er) Pet(er)s mother to give her Consent that yo(er) pet(er) should be with him until yo(er) Pet(er) arived to one & twenty yeares of age And the sd Cap^t. Alexd(er) Swan caused Indentures to be made for Eight yeares and procured yo(er) pet(er)s consent to Signe y^e same And now detaines yo(er) pet(er) A servant without y^e Consent of ye(er) pet(er)s mother to his great prejudice as appeares by Letters from und(er) her own hand. Wherfore yo(er) petr being ordered to come home for England, by his mother, He therefore humbly prays that y^e sd Cap^t. Alexd(er) Swan may be Cited to this Court to shew Cause if any he can why he detaines yo(er) pet(er) & that thereupon yo(er) Worships will please to ord(er) him to be discharged from the servis of the sd Swan and to allow him for his servis what yo(er) worships in yo(er) Consideracon shall think meet & Convenient And the sd Cap^t Alexd(er) Swan being present att Court att ye reading of y^e sd peticon Appeared agt: ye sd Henery and produced the Indenture aforesd :for ye terme aforesd: Certified und(er) the hand of major Wm Lister one of her Maj^ts Justices for the sd County of the free consent of the sd Henery thereto. And upon all the arguments insisted upon on both sides. It appeareing at y^e Court that y^e mother of y^e sd Henery confided in y^e sd Alexd(er) Swan that y^e sd Hen(er)y should serve no Longer than twenty one years as appeares by her Letter dated Febry the 27th 1706 by which Letter it alsoe appeares that y^e sd Henry was of the age of twenty one years y^e 27th of August last past And further that forasmuch as y^e sd Indenture expressed noe consideracon for the servis of the sd Henery It is therefore ordered that y^e sd Henry be henceforth discharged from the servis of the sd Alexd(er) Swan claimed by virtue of the sd Indenture
From which ord(er) the sd Alexd(er) Swan appeales to ye ninth day of the next Gen(er): [General] Court to be held by Her Majestys Hon(er)able president & Councile of state at the Royale Capittole in y^e Citty of Williamsburgh and hath given security to conform to y^e Laws in that case made & provided un(er) Jn^o. Torbervill serving.