34        Provincial Court Proceedings, 1666.

       Liber FF   was to make use of any timber necessary either for building fencing
              or Caske to be used or imployed on the said land, who was allsoe to
              make or cause to be made all mannor of Reparacons of such Build-
              ings and fences as then were or should be erected or made on the
              prmisses during the said terme and the same was to doe at his owne
              proper Cost and Charge, and att the end of the seauen yeares was to
              leaue the same in good and tenantable reparacon hee was yearely
              allsoe att seasonable times to plant soe many aple and peare trees as
              would be sufficient to fill up the Orchard allready planted, hee was
              allsoe to trimm and Cleare the Orchard from all brush and under-
              wood as there was Occasione, and the trees he planted were there to
              remaine to the onely proper Use of the said Thomas Gerrard and his
              heires for Euer, who was to defend the sd prmisses and warrant the
         [p.243]  same to Capt Boreman his heires Executors Administrators and As-
              signes agst all persons pretending any title thereunto during the said
              terme, in Consideracon whereof Capt Boreman was to allow unto
              the said Gerrard yearely 5000 lb tob: & Caske and 100 gallons of
              Cider euery of those yeares that he made 1100 gallons as aboue out
              of the said Orchard for performance whereof Capt Boreman was to
              passe to the said Thomas Gerrard seauen specialtyes for the yearely
              payment of the said tobacco Caske & Cider to him his heires Execu-
              tors Administrators or Assignes and the said Gerrard was allsoe to
              signe seale and deliuer to Capt Boreman a lease for the sd land the
              which the said partyes Concluded should bee Effectually done att
              the then next Prouinciall Cort that was to be held att St Marys, And
              they desired mr Benjamin Rozer in the interim to draw both the
              lease and specialtyes to the end that the same might att the time
              appointed be signed and the agreemt fully Confirmed according to the
              tenor thereof
                being askt (that the lease specifying swine & Cattle) if he knew
              what quantity answered he knew not and further saith not
              sworne in open Court Philip Caluert

                William Barton sworne in open Court, and askt did yow see the
              Bill of sale passe from mr Gerrard to Capt Boreman Answered not
              but onely a uerball agreemt and further saith not

                Benjamin Rozer sworne in open Court saith
                That it being soe long since he could not remember all Circum-
              stances, being askt doe yow remember of such a Bargaine made
              betweene Gerrard and Boreman, he said he had Order to draw a
         [p. 244] Couple of Leases & he did giue a full draught to Capt Boreman and
              he went with to that tree upon wch the Barke was Chopt off, and
              Boreman did agree to take the same of Gerrard and the sd leases was
              drawne according to direccons and was read ouer to them before
              signed or sealed, the number of Cattle or Swine, but all that was
              upon the plantacon, but to the Cider exprest in the declaracon he
              cannot say wether they were fully agreed upon it or noe, but it was