Court and Testamentary Business, 1649 50. 45

      William Scott of Virginia p Bill of wch the Defdt undertook Liber B.

      the payment as the plt alleadgeth, Yet now nefuseth to pay the

      Same, To which the Defdt acknowledgeth that he undertooke

      the payment if any be due upon the bill but conceives the

      Court will not adjudge the Bill to be good in respect the Con-

      sideracon whereupon it was entred was upon a bargain for

      another Man's Servant But it appearing that the Compit did

      not know but that he was a ffreeman nor the Said Scott when

      he entred the Bill, nor the Defdt when he undertook the pay-

      ment, The Court therefore Conceived that the Bill ought to

      Stand good, But upon further examinacon of the ground

      whereupon it was entred, and the Complaynt acknowledging

      he was once willing to accept of two hhds of the Said Come

      in full Satisfaction, The Court in point of equity as the Case

      Stands thinks fitt to give the Defdt Some relief agt the Bill,

      And doth Order that the Defdt Shall forthwith pay unto the

      Complaynant two Virginia hogsheads of good Sound Indian

      Come ready Shell'd at his the pits Landing place in Patuxent

      River clear of all Charge in ifull Satisfaction of the Said Bill

      which the plt is to deliver up to be Cancelled, And John Hilli-

      ard the Servant by whose defalt this Suit and Charge ariseth

      Shall Serve the Defdt one year over and above the time he

      was to Serve his Master of whom the Defdt bought him

      Robert Kedger plt   The Complaynt by Peticon this day

      Capt Wrn Mitchell Deft Shewed that the Defdt by Covenant ap-

      pearing upon Record for a very great consideracon in Case

      he the Defdt or his assignes did not deliver to the Complaynt

      three able men Servants, Such as the plt Should chuse out of

      all the Servants that Should be transported upon the Defdts ac-

      count (Tradesmen Excepted) to Serve for the term of ifour p. 278

      years or in Case noe Servants Soe to come in by the ffirst of

      ffebruary last the Defdt did assigne to the Comp” one Vincent

      Acheson and any two other Servants of his the Said Capt

      Mitchells then in Maryland wch the Complaint or his assignes

      Should chuse for the remainder of their termes which they

      Should have to Serve as by the Sd Covenant appears, And

      that the Defdt not bringing in or Sending any men Servts upon

      his account by the time limitted nor at all Since the Said Cove.

      nant, the Complt demanded of his Attorney before he came in

      the Servants assigned and Since his comeing in of the Defdt

      himself wch they have refused to deliver And prayeth reliefe in

      the prces with Satisfaction for his damage, To which the defdt

      acknowledgeth the Covenant and Assignment thereupon, but

      alleadgeth it to be in nature of a Mortgage against which he

      prays to be relieved in Equity for that by reason of their im-

      ployments in the Service of the Commonwealth of England