Court and Testamentary Business, 1649—50.    545

      Lre to the plte Mr Husbands after his arrivall here agreed to Liber A.

      accept of the 700 l Tob. principall debt and Vppon paymt thereof

      to deliver vpp the Bond to bee cancelled And that the plain

      tiffe had paid the said Tobacco accordingly But the deft being

      nowe ready to depart the Province with his Shipp (contrary to

      his Agreemt and all equity & good conscience) refused to

      deliver vpp the said Bond. Wherevnto the deft acknowledged

      hee had power from ffreeman to receive the said debt & dis

      charge the same and produced his Lrë of Attorney for that

      purpose whereby it appeared hee had power to compound and

      agree the debt as hee thought fitt But denyed that hee agreed

      to accept of 700 l Tob: in Caske in full discharge of the said

      Bond. Yet after other evasive allegacons at length confessed

      hee received 700 l of Tob: & Caske vpon the said Bond, but

      not in full: Herevppon the Complte alleadged hee could pro

      duce severall Witnesses to cleere the matter in question if the

      Court should thinke fitt. And John Sturman the pites sonne

      nowe prsent in Court being therevnto required deposeth vppon

      his Oath as followeth. viz: That the defendt Mr Husbands

      since his last arrivall in this Province out of England did agree

      to accept of 700 l of Tob: in Caske in full satisfaccon of the

      Bond in question, and about a fortnight or 3 weekes since at

      the Governors House the said deft did acknowledge hee had

      received the said 700t of Tob: & Caske or some part thereof,

      (the certainty whereof this depont cannot depose) and then

      asked this depont to whom the said Bond did belong to him this

      depont or to the plaintiffe his ffather or words to that effect.

      To wch this depont answering it did belong to his said ffather.

      Therevppon the said Mr Husbands replyed, that this deponts

      ffather should haue it or to that effect. And did not at that

      time demand any further satisfaccon vppon the said Bond.

        Herevppon the defendant alleadged hee had some Witnes

      to bee examined on his behaulf in this Cause and desired time

      to pduce them, but in a wilfull contemptuous manner refused

      to deposite the Bond or Lre of Attorney in Court till further

      hearing, This Court therefore (vppon pvsall of the said Lre

      of Attorney and Mr ffreemans Lre before memconed and vppon

      proofe already taken the plte likewise averring hee could if

      time would pmitt pduce divers other witnesses further to cleere

      the Cause on his part, and having some refleccon on the defts

      rigid pverse carriage in the busines) is satisfied in conscience

      the said debt is satisfied according to Agreemt and that the

      said Bond ought to bee delivered vpp to bee cancelled before

      the defendants departure out of the Province being nowe vppon

      his departure hence And doth therefore Order that the said

      Bond bee vacated and that the defendt shall deliver vpp the

      same to the Plaintiffe to bee cancelled.