538    Court and Testamentary Business, 1649—50.

            Liber A.   cerning ffrancis Jarvise and otherwise. ffor a full and finall end

                  of all differences betweene them. The said ffrancis Brookes

                  doth hereby sell and deliver to the said Willm one yearling

                  Heifer on St Georges side croppt on the right Eare and the

                  left Eare slitt and half taken away And the said Willm

                  Edwin in consideracon thereof doth release and acquit the said

                  Mr Brooks of all Accons debts & demands vnto this day.

                  And the said Mr Brooks in like manner acquitteth and dis

                  chargeth the said WiHm Edwin witnes theire hands the day

                  and yeare first aboue written The marke of

                  Testor Tho: Hatton           ffrancis  Brooks

                                               William Edwine

                    At a Court held at

                                           Willm Stone Esqr Governor

                  S Maries 25o die Jan- Present

                                          Mr Tho: Hatton Secretary

                                 uary 1649

                  John Court plte mr Richard The Plaintiff declared against the

                  Husbands Marriner deft deft vppon twoe severall Accons. By

                  one whereof hee chargeth the deft for deteyning from him a

                  servant wch hee bought of him to the value of 2000 l Tob: &

                  Cask & damages And by the other for 294 l of Tob: & Caske

                  wch bee having got into his possion doth wrongfully deteyne

                  from him. To wch the deft denyeth that hee made any absolute

                  Bargaine with the pite for the servant being his Cabbin Boy

                  but onely condiconall in case the said Boy were willing thereof

                  And for any Tob: hee had of the Plaintiffs aboard his Shipp

                  bee was ready to deliver the same vnto him Wherevppon the

                  Pite pduced one of his witnesses whose testimony is as followeth

                     The deposicon of Mr Cuthbert ffenwick being sworne &

                     examined the same day in open Court on the pltes behaulf

                     is as followeth viz:

                    The said depont saith that bee was prsent when there was

                  some speech betweene the Plaintiff and defendt touching the

                  pltes buying of a servant of the deft and heard the said deft

                  agree to sell the plte his Cabbin Boy for 1600 l of Tob: & Cask

                  as bee taketh it, in case the said Cabbin Boy was willing there

                  to And without this excepcon soe farr as this depont remem

                  bers hee did not heare the said defendt agree to sell the said

                  Cabbin Boy to the Complte Wch Agreemt and Proviso before

                  menconed was soe made and expressed as aforesaid before the

                  pite put any of his Tobacco aboard the defts Shipp to bee paid

                  for the said Boy. And further saith not

                                                Cuthb:    ffenwick

                    But the plte wanting one of his witnesses who had beene

                  sumoned prayed that the further hearing of the Cause might