492     Court and Testamentary Business, 1649.

          Liber A.     Tho: Gerrard Esqr plte Jo: Thimbleby The pltes suite being for

                  Adm of Peter Mackarell deft 350 l of Tob and caske due to

                  him from Peter Mackarell deceased as was alleadged by Mr

                  William Bretton the pltes Attorney, And the deft being

                  Administrator as bee expressed knewe nothing to the contrary,

                  But George Manners being psent in Court and sworne deposed

                  that in January 1647 hee being then Under sheriffe there was

                  an Execucon delivered to him at the suite of William Lewis

                  against Mr Gerrards estate, wch hee executed vppon 300 l of Tob

                  and cask and tendred the same for Wm Lewis his vse, Wch

                  Tobacco was due from Peter Mackarell to Mr Gerrard by Bill

                  vnder his hand wch was then in the possession of John Hatch

                  Attorney of Mr Gerrard And further deposeth that vppon

                  receipt of the Tobacco vppon the execucon hee gave Peter

                  Mackarell a Receipt therefore vnder this deponts hands To wch

                  deposicon the pites said Attorney made noe obieccon but

                  desired that the further hearing of the Cause might bee

                  respited till the next Court that in the meane tyme hee might

                  bee further instructed wch is ordered accordingly.

          p. 254 Ralphe Beane plte    The pltes suite being for 2585 l of Tob:

                  Willm Smoote deft and caske due by Bill and 3000 l of Tob:

                  more in damages in not pformance of Covent about a Boate

                  and the want thereof three monethes; The defendt being

                  prsent in Court produced an Accompt, and likewise vppon his

                  oath deposed that over and aboue his Agreemt with the plte

                  for trimming a Shallopp wch bee vppon May day last was

                  tweluemonethes vndertooke to trymme for the plte, that hee

                  put in a false Keele vppon the Tymbers and spiked and

                  trunnelled them and put in 2 Timbers before and 2 abaft and

                  fitted a place for a foremast and put a Stepp therein But the

                  parties being not ready with theire proofes for the cleeringe of

                  the Cause It is ordered that the further hearing thereof bee

                  respited till October Court next.

                  ffrancis Vanenden plfe    The plte sueth to bee releived touching

                  Raphe Beane deft    a Cowe wch was made over to the deft for

                  security of paymt of a certaine quantity of Tobacco Wch being

                  most of it paid the deft nevertheles detayned the Cowe in his

                  possion is since dead to the pltes great damage. To this

                  the defts Attorney answered that there being part of the

                  Tobacco vnpaid the deft might iustity the delaying of the

                  Cowe, and was not lyable as hee conceived to give the plt any

                  satisfaccon for her, the death of her being not occasioned by

                  any neglect of the deft Wherevpon the Court pceeded to

                  proofe as followeth viz.

                    The deposicon of Lt Richard Bancks sworne and examined