court and Testamentary Business, 1637.      15

       1 2 feb.                                                                                                Liber Z.

        this day came before me John Richardson & acknowiedgeth

       himselfe to have sold all his right & interest in 50 acres of

       cleared land or thereabouts lying vpon a creek now called

       wickliffs creeke, with three housings therevpon built vnto Capt

       George Evelin gent; in consideration of 300 l Wt of merchant

       able leafe tobacco to be paid vnto Ralphe Beane or his assigne

       on or before the 10th of november next

                          + the mrke of John Richardson

       29th Aprill

        this day the said George Evelin discharged the said 300 l of

       tobacco: by a bill fro Thomas Stent, where wth the said Ralphe

       Beane is satisfied; & likewise the said John Richardson

       acquitteth the said George Evelin of the said 300 l of tobacco.

       at a Court holden at St maries                                                              p. 33

       25th ffebr. 1637.

        Came william vpton mariner and complained by word of

       mouth agst Captaine Thomas Cornwaleys, for that the said

       Tho: Cornwaleys did deliver one hogshead of tobacco to the

       plf as good & merchantable, which afterward proved naught,

       & therefore desired that he might have satisfaction in other

       merchan table tobacco.

        And the said Thomas Cornwaleys defended himselfe like

       wise by word of mouth & saith that he received the said hogs-

       head of tobacco of John medley as good & merchantable,

       and delivered it to the plf with this caution if you like it take;

       if not refuse it: & afterward this plf did accept of it, & there

       fore the deft conceived himselfe not bound to make it good.

        And vpon the debating of the cause, Roger moy deposed

       that Robt Nicholls told him that the tobacco was wetted by

       John medley, and Robt nicholls deposed that the tobacco was

       never wetted to his knowledge, and that he never told Roger

       moy any such thing. And the Judge determined, that it was

       not wetted by the fault of John medley, & therefore that the

       plf received it at his owne perill; & should not recover agst

       the deft

                   a Copie of a Recognisance

      26.   ffebr 1637.

        This day came before me Leonard Calvert Esq Leiutent

       grall of this Province Robert Nicholls and John Medley of St

       maries hundred planters and acknowledge themselves indebted

       vnto Justinian Snow the full somme of two hundred and ten

       pound of good merchantable tobacco to be paid vnto the said