198 Court and Testamentary Business, 1649 50.

          Liber B. Some use of the Said housing, and afterwards to leave the

              free possession thereof to the Said Potter, and this deponent

          P• 347 further Saith that the Said Potter in pursuance of the Said

              J3argainc as he taketh it, fenced in part of the Sd Clear Ground,

              and tht after the Said fence Soe made the Said Potter planted

              upon that part which he had Soe fenced in, and Hall upon the

              other pte, and that he hath heard the Said Hall confess that

              the Sd housing and part of the plantation Soe fenced in by the

              Said Potter as aforesaid did belong to the Said Potter, and this

              deponent further Saith that the peach Trees and other fruit

              Trees then Growing upon the Said Cleer Ground were upon

              the Said Potters Said Dividend all which or the Same in effect

              this deponent averreth upon his Oath to be true and further

              Saith not. Jurat 20 November 1652 Tho: Hatton

                this Bill bindeth me Richard Ben nit my heires Executrs Ad-

              ministrators or Assignes to pay or Cause to be paid unto

              Richard Banks his heires or Executors, Administrators or As-

              signes the full and Just Sume of three thousand Eight hundred

              pounds of Good Sound Merchantable leafe Tobacco and Caske

              to thousand of this Tobacco due for to he paid upon the tenth

              day of November in the yeare of our Lord 1653 and one thou-

              sand Eight hundred in the yeare of our Lord 1654 and in the

              true performance hereof I the Said Richard Bennit have here-

              unto put my hand alsoe I Richard Bennit doth here bind the

              plantation lying upon the North Side of Brettons Bay wch was

              formerly Called Jozyph Cadells and two Cowes Called by the

              Name of Cherry and pie and one heifer of two yeare old

              Called by the name of Nanccy which plantation and Cattell I

              the Said Richard Ben nit doth here bind over unto Richd Banks

              for his Security in Case that I the Said Bennit Should any

              wayes Miscarry or faile in the payment of the Said Tobacco

              and in the true performance hereof I the Said Richard Bennit

              have hereunto put my hand this present first of December in

              the year of our Lord God 1652

              Teste                      his mark

              John Thimbleby        Richard Bennit.

              Henry x Midlap

                 his mark.

        p. 358      At a Court held at St Maries the 24th day of

                    November, 1652

                       the Governour, Collonell Francis Yardley

                Present

                       M Thomas Hatton, Mr Job Chandler

              Capt Cornwallis Esq plt   The Complt Sueth to have Cer

              Mrs Katheren Hebden widow by  tame Cattle and theire Increase

              William Marshall her Attorney deft of the Estate of Thomas Hebden

              deceased to be delivered to him according to a Deed of Mort