Court and Testamentary Business, 1649 50.219

       troubles here, which the defendant denies by his Answer and Liber B.

       the plantiffe wanting his proofes desires a respite till the next

       Court, which is ordered accordingly, and the Complt is then to

       produce his proofes.

       Willm Stone Esq Governour plt The Governour moves the Coun-

       Mr William Battan defendant cell by Petition to have reliefe against

       the defendant for 10000 pounds of Tobacco and Caske which

       he alledgeth he hath been damnifled by the defendant by

       Entertaining his overseer to drink in his house & otherwise

       pnt p petition; the defendt pleads he wants his proofs in the

       Busieness and requests the Court to Grant him respite till the

       next Court, which is ordered accordingly by which time he is

       to Summon his Wittness: and to appeare peremptorily

         His Lordships Attorney Complained against Willm Battan

       for Selling or retailing of wine and other Strong Drink & Suf-

       fering the Same to be drunk in his owne house without

       Licence Contrary to the Law of England in that behalfe And

       the Said Battan not denying the Same, It is ordered that he

       pay one hundred pound of Tobacco & Caske fine to the Lord

       proprietary for his offence in that respect

              The Deposition of Robert Taylor aged about 30

              ycares being Sworne and Examined in open Court

              the 20th January 1652 Sayeth

         That he doth conceive that the Governor was much damni-

       fled for want of plants the last yeare, And he doth alsoe

       believe that the drink which James Morphew had at mr Battans

       was the Cause of it, and verily believeth the Governour could

       not be less prejudiced then twelve hhds of Tobacco by the Said

       James Morphews Neglect in his occasions the last yeare

                                 Sworne in open Court

              The Deposition of John Tompkinson Aged 35 years

              or.thereabouts Sworne and Examined in open

              Court this 20th January 1652 Sayeth

         That James Morphew Servant or Overseer to Wm Stone Esq

       Governour of this Province did Neglect his Busieness in the

       Beginning of the year in drinking at mr Battans Thereby Neg-

       lecting Sowing of Tobacco Seed and for the want of plants p. 389

       could not plant his Crop in a Seasonable time as other men

       did, By which means the Said Governor as this Depont verily

       believeth was damnifled in his Crop to the Value of fifteen or

       Sixteen hhds of Tobacco at the least more then he made, and

       further this depont Sayth Not

                               Sworne in open Court