Court and Testamentary Business, 1638. 45

      that he did or hath refused to deliver to the said Cyprian the Liber Z.

      said goods & chattells as is alledged & this he is ready to

      averre, & for triall hereof he putteth himselfe vpon his country

                                    Tho: Cornwaleys.

        Tho: Cornwaleys Esq &c. sheweth that he is Creditr to the

      estate of Jerome Hawley in 400' sterling; & for proofe thereof

      prayeth his witnesses to be admitted and examined ad ppetuam

      rei memoriam; & that he may be allowed his debt out of the

      said estate. And produced a specialty vnder the hand of the

      said Jerome Hawley, of 400 l sterling due to John Sims de

      Comit Somst Esq whose assigne the said Tho: Cornwaleys

      was.

                     Copie of a deposition       p. 81

      August 27. 1638.

        mrs Eleanor Hawley widdow, and Thomas white Esq say vpon

      oath that whereas Jerome Hawley late of St Maries Esq did by a

      bill of sale the seventeenth of december last, acknowledge him

      selfe to have received of mr John Sims of Pounsford in Comit

      Somrst foure hundred pounds sterling; Now these deponents

      say that the said debt of foure hundred pounds, was (after the

      contracting thereot) assigned and made over vnto Thomas

      Cornwaleys of St Maries Esq who gave vnto the said John

      Sims, true and reall satisfaction therefore

      This depoon was taken by me Signed Eleanor Hawley

         John Lewger Secretary.      Thomas White

        wherevpon the said Thomas Cornwaleys was allowed to pay

      himselfe the said debt of 400 l out of the estate of Jerome

      Hawley wch was in his hands, after the debt of the Lo: Propieta:

      August 27th 1638

        John Medcalfe gent deposeth, that coming to John Smithson

      late of St Maries planter deceased, lying then very sick, he

      asked the said John Smithson how he would dispose of his

      estate in case God should call him in that sicknes; and the

      said John Smithson answered this deponent in these words,

      All that ever I have (meaning in this Province) or shall have

      coming put of England, I freely give to my wife

                                      John Metcalfe.

      cod: die

        william Lewis planter deposeth, that coming to John Smith

      son aforesaid the day afore he died, the said John Smithson

      among other discourse complained to this depont that he should

      leave his wife a poore widdow; to wch this depont answering,