Court and Testamentary Business, 1649.     493

       in the said Cause on the pltes behaulf in open Court saith. Liber A.

       That hee the said depont being desired by the plte to speake

       to the dept that bee might have the Cowe in question hee

       accordingly spake with him about it, wishing him not to deteyne

       the said Cowe for non payment of a small parcell of the debt

       or to that effect, Wherevppon the said dept tould this depont

       that hee intended not to keepe the Cowe if the plte would

       come to him and give him a Bill for the Remainder of the said

       debt, and wishes this depont to detaine the said Cowe in his

       custody till hee received a note from him the said deft for the

       delivery of her to the plte or to that effect, wherewithall this

       depont acquainted the said Complte

         Vppon considracon whereof and to the end the Court might

       receive further satisfaccon therein the Governor was pleased to

       referr the determinacon thereof till the next Court

       Abraham Johnson Marriner by John Hatch his     T he pltes Attorney pro-

       Attorney pite Phillipp Lannd defendt    duced an Accompt of divers

       by Referrence from the Assembly    goods wch the deft bought of

       the plte at the rates in the Accompt menconed amounting in the

       whole to 2313 l of Tob. by the non payment whereof the plte

       was much damnifyed, To the particulars of wch Accompt the

       defendant made noe obieccon saving to a pcell of blew lynnen

       rated at 20 l of Tob. wch bee denyed to have received of the plte

       This Court doth therefore order that the defendant shall pay

       vnto the pite or his said Attorney 2293 l of Tob in Caske and

       also such damages as vppon proofe shall appeare to bee sus

       teyned by the plte by the non paymt thereof in due time

       Robert Robins plte   The pltes suite being for a Cow and her

       Thomas Hebden deft  increase wch hee alleadgeth hee bought of

       the deft and hath already paid 300 l Tob: pt of the price and is

       to pay the Remainder being 500 l the next Cropp Yet the

       deft contrary to his Bargaine hath not delivered the said Cowe

       to the plte. for proofe whereof the plte produced his witnesses,

       theire testimonies being as followeth Viz:

         The deposicon of John Maunsell taken in open Court the 2d

       of June 1649 being sworne & examined on the pltes behaulf

       saith.

         That bee was prsent when Thomas Ebden sould to Robert

       Robins one Cowe called by the name of Mopus betweene 7 or

       8 yeares old and the said Robins was for to pay 300 l of

       Tob the last shipping and 500 l of Tob this next yeare And

       further saith that hee heard Robert Robins aske Ebden

       how hee should have the Cowe delivered vnto him Ebden

       making Answere that whensoever the said Robins did come p. 255