Court and Testamentary Business, 1643. 257

        Thomas hebden demandeth of ffrancis otway chirurgeon 3 l                            Liber P. R.

      sterling due by bill for non pformance of a covenant for bring

      ing in certaine medicines

        the Judge found no right to grant processe, in regard the

      deft pduced the deed it selfe, by wch the deft was not bound to

      any time for the doing it.

        Robt Kedger (p attornat Ed: Packer) demandeth of John

      dandy 300 l tob & cask, due by bill assignd from michael

      Peasely of virginea.

        warn: to Cort immediately without delay.

        the deft saith that he hath satisfied the bill by assignmt

        vpon Ran doll Revell, accepted by Michael Peasely; &

      prayeth time to prove it till next Court & was allowed vpon

      pill of iudgmt in default of proofe on the first of Aprill next by

      10cl in the morn

        vid infr: pag: 174.

      1643                                                                                                               p. 146

        March 2. John norman demandeth of Philip White mariner,

      300 l of tob for the price of a canow, of the plfs lent to the deft in

      march last, or thereabout & not yet restored, & damage of the

      want of it since.

        the said Philip White denieth that he did borrow a canow of

      the pits at the time intended & consented that the pV be ad

      mitted to his oath.

        and the said John norman saith vpon his oath, that the said

      Philip white at some time in march last or thereabouts, did pray

      him to lend him his canow, & he willed him to take her; &

      since that time he hath not his canow restored to him, and the

      said Philip white being required to say vpon his oath, that he

      did not at that time, nor after by vertue of that loane take or

      make vse of the canow, nor did consent to any others vsing

      it in his right, to his remembrance; refused to take his oath

        whervpon the Judge found that the deft was liable to resti

      tution; & adiudged that he should recover 150 l tob for the

      canow; & exequution to be awarded for so much, in case the

      said Philip White or some other for him shall not deliver to

      the said Jo: norman a sufficient canow to carry 5. psons, some

      time before or Lady day next.

        8. the Sheriff brought afore mr Secretary (authorised by the

      L. G.) the body of John Wayvill in exequution at the suit of

      marks Phaypo for 676 l tob. and returned that there was no

      distresse of goods; whervpon the Judge committed him to the

      sheriffs custody to be meinteined by the said Marks Phaypo, in