472   Court and Testamentary Business, 1648—9.

            Liber A.   Gentn Attorney of Capt Tho: Cornewalleys denyeth any such

                  forfeiture, to be dew to the Ld Propr & further craueth reference

                  till next Court, for tht the euidence produced being Mr Percy's

                  depn was taken by Capt Giles Brent, who is esteemed a prty in

                  this cause. & by tht time the sd Mr Percy may bee sworne Viuä

                  Voce in Cout Wch was graunted.

                    Vppon the demand of George Manners plf, uers Mrs Marga

                  rett Brent deft for 700 l Tob. for the use of Capt Edw: Hill, for

                  Roanoke & Peacke, wch Gour Calurt had & belonging to Capt

                  Hill. The deft alleageth tht shee was not lawfully summoned

                  & therfore desyreth respite till next Court, att wch time shee

                  may make answere thereto. Wch was graunted.

                    Vppon the demand of Cuth: ffenwick Gentn plf uers Jno

                  Shirtliffe & Henry Spinke defts for i 100 l Tob. & cask. The

                  deft Henry Spinke appearing denyeth soe much to be dew;

                  but acknowledgeth 1034 l Tob & cask to be dew, & noe more.

                  And the Court fownd according as is confessed.

                    Vppon the demand of Willm Wheateley plf uers Owen James

                  deft for 500' Tob. The deft denyeth the demand. The plf

                  alleageth tht the deft oweth him soe much for seruice & hyre,

                  wch he is ready to proue.

                    Robt Kedger deposed in dittä caâ, tht Owen James & him

                  selfe made couent wth the plf. to serue them a certaine time;

                  But wthin a short time the plf falling sick, & not being able to

                  worke, desyred to bee acquitted of the bargaine wch hee had

                  made wth them.

               p. 236 Owen James likewise deposeth, tht he acknowledgeth tht he

                  hyred the plf. but the plf falling sick & the depont calling the

                  plf out to worke. The plf replyed to him, tht hee was not able

                  to worke, & desyred tht the Cout wch was drawne betweene

                  them might be tore & it was thereuppon torne, but by whom

                  bee knoweth not.

                    And the Jury returned their Verdict. Wee find for the deft.

                  & the Gour gaue iudgment accordingly.

                    Vppon the complt of Barnaby Jackson plf uers Jno Hallowes

                  deft. for transporting out of the pro: Jno Walton who owed the

                  plf 300' Tob & cask. George Manners the defts Attorney

                  denyeth not the debt: but denyeth the charge of the Attatchmt

                  for tht the debt was neur demanded of the deft & the defts

                  Attorney promised paymt of the debt, soe soone as hee heard

                  it was in suite agst him. & the Jury goeing uppon tht Allegaon

                  touching the charge, returned, & fownd for the plf. & the Gour

                  gaue iudgmt accordingly.