Court and Testamentary Business, 1649-50.199

       gage of the 26th of May 1643 whereby the Said Thomas Hebden Liber B.

       assigned and made over to the plaintiffe Certaine Cattle therein

       Specified for his Security of payment Two thousand five hun-

       dred pounds of Tobacco and Caske at the time therein Men-

       coned which Tobacco the plantiffe had not yett received as he

       alledged to which the Said Defendants Attorney by his An- P. 359

       swers not denying the Said Deed of Mortgage craved to be

       relieved against the Same in Equity, for that the defendant

       being the widdow and relict of the Said Mr Thomas Hebden

       had payd all or the most part of the Said Debt to Mr Cuthbert

       ffenwick the pltes Attorney by Tobacco due to her out of

       the Leavyes and other debts assigned over to him for Satisfac-

       tion of this debt, but the Said Mr ffenwick being present in

       Court, denied that So farr as he knew he had received any

       more Tobacco of the deft towards Satisfaction of this debt then

       four hundred and two pounds of Tobacco out of the Said

       Levy; Whereupon the Said defendts Attorney craveth Some

       further time to make proofe of the payment. It is therefore

       Ordered that the further hearing of this Cause be respited till

       Wednesday next, and then the Said defendants Attorney is to

       produce his proofe.

         Thomas Simons acknowledgeth Judgmt in open Court upon

       a Bill of Nine hundred pounds of Tobacco and Caske Made to

       ffrancis Martine dated the 5th of May 1651

       Mr William and ihomas Daines by     The Complainant Sues for

       Henry Coursey theire Attoiney plfes     Seventy pounds of Tobacco be-

       John Nicholls defendant  ing the ballance of a Bill of three

       hundred and twelve pounds of Tobacco and Caske, the de-

       fendt Answers that Mr Guythar received the Tobacco formerly

       and it weighed two hundred Ninety and Eight pounds of To-

       bacco neat, It appearing to the Court by a receipt which Mr

       Wilkinson was Wittness to, that It weighed when the Compit

       received it, no more than two hundred forty and and two

       pounds of neat Tobacco It is ordered that the dcfendt pay the

       Seventy pounds of Tobacco Sued for to the Complt with

       Caske and Cost of Suit, and the Bill to be deliver'd up to be

       Cancelled.

          At a Court held the 23 day of November 1652

         prsent  The Governour Collonell Francis Yardley Capt

           Jno Price Mr Thomas Hatton Mr Job Chandler

         Mr Thomas Marsh demandeth Sixteen hundred fifty and

       Eight pounds of Tobacco and Caske p Bill Richard True p. 360

       acknowledgeth a Judgment in open Court to the Said Master