230 Court and Testamentary Business, 1643.

Liber P. R. duke Snow in the somme of 20 l sterling, he gave a bond

                  for that somme vnto the said Marmaduke: in discharge of wch

                  bond afterward he agreed to pay vnto him of tob, wth wch

                  the said Marmaduke was well contented, & did accept &

                  receive the same; but the plf forgetting or neglecting to

                  call for his specialty, the said Marmaduke carried the said

                  specialty into England wth him & there caused the plf to be

                  arrested vpon the said specialty, & compelled him to make

                  satisfaction therefore in mony sterl. in England. And there

                  fore prayeth to be restored to his said 2000 l tob, paid by

                  the plf vnto the deft here in discharge of the said specialty; &

                  to be allowed 1000 l tob more for damage.

                    1o febr 1643. the Court ordered that the pls prayer be

                  granted, putting in sufficient security to be responsible for the

                  somme to the said marm. Snow or his assignes when they shall

                  disprove the allegation.

      p. 124    1643

                    January 16. warne Rob Smith John ormsby Isac Edwards

                  Tho only, Anth. rawlins, franc. gray & henry James to be at the

                  Court on thursday next to shew cause why iudgmt should not

                  pceed agst them for the contribution mony wch they pmised

                  vnder their hands to the the meinteining of the garrison at ffort

                  conquest. wherof that they faile not at their pill of iudgmt to

                  pceed. And then returne

                                                         I.L.

                    17. Robt Ellyson barber-chirurgeon complaineth agst nicho

                  las Hervey planter, for that whereas the said plf did agree wth

                  the defendt for the cure of his man henry Spim for the price of

                  1 200 l tob; that the plf did accordingly take in hand, and follow

                  the said cure for divers months, & brought it to a good state, &

                  was ready to pfect it; till he was hindred & putt off it by the

                  deft neverthelesse the said deft denieth to satisfie the said price

                  to the plf

                    the said nicholas hervey saith that the plf did not follow

                  the cure till he was hindred & putt off by the deft but did

                  voluntarily neglect & depart from it, to the endangering of the

                  mans life. And this he desireth to be tried by the country.

                    And Tho. Greene gent was his security for the charge of

                  Jury.

                                                 Nicholas hurvey

                    18. And the said Rob. Ellyson saith & meinteineth, that he

                  did follow & was ready to pfect the cure & that it was

                  well nighe pfected ere he depted at all from it & if in his

                  absence vpon reasonable cause any charge or damage was