236     Court and Testamentary Business, 1643.

Liber P. R. and vpon the oath of Tho. butler (not excepted agst by the

                  plf) that the iudgmt in mony was altered by the plf into

                  tobacco, & a bill given by the deft for 1 200 l tob; & the said tob

                  paid to the vse of the plf the defendt was dismissed without

                  day.

                    Giles Erent Esq demandeth of Tho: Gerard gent 500 l of tob.

                  promised by the deft to James Neale Esq to the vse of the plf

                  toward a publique charge vndertaken by the plf

                    and the said Tho. Gerard saith vpon his oath, that being

                  shewed a writing by the said mr Neale conteining certaine con

                  ditions, wch he remembreth not, he did consent to the paymt of

                  500' tob & cask vpon those conditions pformed; & he is ready

                  to make paymt vpon the sight of the conditions, if pformed.

                    Leonard Calvert Esq (p attorn Peter draper) demandeth of

                  Tho: Gerard gent 2641 tob, due by accot

                    the said deft acknowledgeth the said demand, but prayeth

                  not to be compelled to pay it vntill the plf shall putt in security

                  to answere to the suit of the deft in an action of covenant to

                  the value of 500 l tob.

                    the Court thought fitt that he be not compelled, as he prayeth.

                    Thomas Gerard gent, demandeth of Leonard Calvert Esq

                  500 l tob for the price of certaine goods not delivered to the plf

                  wch the plf bought of the deft & paid him for.

     p. 129      1643

                    february 1. Leonard Calvert Esq p attorn Peter draper

                  demandeth of Capt Tho. Cornwaleys Esq 296 l tob, due by accot

                    the deft saith that he hath paid the somme demanded, by

                  discompt.

                    and the Court found the defts accot vpon the plf to that value,

                  & therefore dismissed him without day.

                    Tho. Gerard appeared to the suit of Tho: munns for 900 l tob

                  (sup: 111. p.) & saith that the plf accepted one Jolly of york

                  river for his paymaster, & that he knoweth not but that the said

                  Jolly hath paid the plf.

                    and the Cort ordered that the deft should deposite a good

                  cow vnder 8. yeare old to the vse of the plf immediately vpon

                  demand at mr Gerards house; to the vse that if mr Gerard can

                  prove before mid somer day next that Jolly hath paid the plf

                  the said somme, then the cow to be to mr Gerard, but in default

                  of such proofe then the cow & the encrease of it after the de

                  positation to be to the plf in satisfaction of his demand. vpon

                  perill of 1 200 l tob in case of refusall.