18      Court and Testamentary Business, 1637.

     Liber Z.  of tobacco for that whereas the said Anthony Cotten did in the

                   beginning of August last entereine the said James Clofton

                   into his service, and did covenant and agree to pay vnto him;

                   one hundred & thirty pound weight of good merchantable

                   tobacco by the moneth for every moneth that he should serve

                   him; & that the said James Clofton did serve the said Anthony

                   Cotten for two moneths commencing from the time aforesaid;

                   & further that whereas the said James Clofton did in September

                   last sell vnto the said Anthony Cotten 4 ells of lockram for the

                   price of fourty weight of tobacco to be paid vpon dernaund;

                   neverthelesse the said Anthony Cotten not regarding the said

                   covenant.and bargaine, but intending fraudulently to deceive

                   the said James Clofton, the said three hundred pound of

                   tobacco vnto the said James Clofton hath not yet paid, but hath

                   refused and still doth refuse to pay the same althoughe he

                   hath beene therevnto demaunded by the said James Clofton.

                   And for this he doth bring his suite &c.

                                                James Claughton

                    26. the same day came the said Anthony Cotton, and

                   defendeth himselfe and denieth that he did covenant and agree

                   to pay the said James Claughton one hundred and thirty

                   pound of tobacco by the moneth; and deneith further that the

                   said James Claughton did serve him the said Anthony Cotton,

                   two moneths; and denieth further that the said James Claugh

                   ton did sell foure ells of lockram vnto the said Anthony Cotton

                   as is alledged.

                    And this he is ready to averre; and for trial1 thereof he

                   putteth himselfe vpon his countrey

                                                         AC

                    And the said James Cloughton likewise

                                                James Claughton

                    This action is withdrawen by the plaintif; this 30th of march

                  1638                          James Claughton

                                 26. ffebr:

                    James Cloughton mariner complaineth agst Anthony Cotton

                   in an action of defamation; for that whereas the said James

                   Cloughton was alwaies of good fame and honest repute hitherto;

                   neverthelesse the said Anthony Cotton did on the 25th of this

                   instant moneth of ffebruary defame the said James Cloughton,

                   and did vse these or the like words, that if he (innuendo the

                   said Anthony Cotton) had pleased he might have had him

                   (innuendo the said James Cloughton) whippt at virginea; an(l

                   that if he (innuendo likewise the said James Cloughton) had