Court and Testamentary Business, 1643.     193

      vpon demand at his returne, or to that purpose. And that the                   Liber P. R.

      next day the said Thomas & this depont went away to Kent, &

      there staied some 10. weeks.

      Jurat.

        Thomas yewell appeared attorny for John Smith of Kent, to

      the action of Robt Clerk vpon an appeale, & for the plt appeared

      Jo: Price & exhibited his lre of attorny.

      Sedent    and the said Thomas yewell assumed on behalfe

        secretary of the said John Smith that he the said Jo. Smith

        Survay by himselfe or attorny should answere to the said

      suit at some time before the 1st of decemb next, & pforme

      iudgmt of Court therin. & therevpon the cause was respited

      till that day: dec 1. the said Tho. yewell prayed that this

      assumption might be respited till the next Court. 1. febr in

      regard the said Jo. Smith could not find passage from peek

      river this month that after vpon his prayer, the assumption was

      released to him wth consent of the plf & an attachmt ordered

      vpon the cattell of Jo. Smith

      Ja: neal maketh      ffrancis Gray appeared to the suit of James

      oath that he

      hath received  Neale agst Randoll Revell, & saith to the first

      the last yea:  action, that the said Randoll did not carry the

            of said william Cook out of the Province to the end

      576 l tob & cask to convey him out of the Province, wch was the

                intent of the Law in that behalfe, but carried him

      carried away out vpon his owne busines, & returned him into

      his corne afore

      wch said 576 l the Province agalne, whereby the said Ja: neale

      tob is in part was no way damnified by the said Randol, but

                had his remedie as fully agst the said William

        more he Cook as afore.

                  And the Court found for the plf 974 l tob &

      toward it. cask.

      1643                                                                                                       p. 89

        Aprill 5th to the second action for of cask, the Court

      found for the said James Neale, 5 tonne of cask to be due to

      him from Randoll Revell, & valued it at 500 l tob.

        Eod. Exequution for 1474 l wherof 974 wth cask and for

      73 l for sheriffs fees, & 40 l for fees of Court marks Pheypo

      Admrator of Tho. Pursall appeared to the action of Robt

      Kedger of 450 l tob. & saith that the said bill demanded

      was for the price of a boate intended to be bought by Tho.

      Pursall, of Ellis Richardson who assigned the interest in that

      bargaine vnto Anthony belcher wherby it was made to him in

      his owne name, & that after the making of the said bill the said