386Court and Testamentary Business, 1654.

        Liber B.   wch delay and unconscionable proceedings of the Said Hamond

              your Petitioner requesteth this Honble Court to Examine and

           p. 600 relieve your Petitioner herein as according to equity & Con-

              science Shall Seem Expedient And he Shall Ever pray &c.

              Walter Pakes pite   The Compltes Suit being for 4500 l of

              mr John Hamond deft Tobacco and Caske for which he Sold the

              defendant his plantation as by the pltes Petition preferred in

              March Court last appeare, the Cause having ever Since Stood

              in reference, The defendt by his Answer Saith that he did agree

              to pay 4500 l of Tobacco & Caske for the Said Plantacon, And

              that towards Satisfaction thereof he paid mr Phillip Land Six

              hundred pounds of Tobacco and there remained due to him

              for a feather bed Sold the plte five hundred and that the pite

              remitted 2800 l Tob: part thereof upon his the defendt entring

              into a Covenant to be his Attorney or Solicitor in the differ-

              ence betwixt him and Paul Sympson, And that he gave the

              plte a Bill in January last for 600 ll of Tobacco and Caske being

              the Remainder of the Said debt, Whereupon the Complt (ac-

              knowledging the rest) denyed that he remitted the 2800 l Tob:

              upon the defendants Entring into the Covenant aforesd which

              he Entred into gratis without Expectation of any Satisfaction

              for his pains therein as appears by the Same now produced,

              And the defendant being not now able to prove any remission

              of the Said 2800 l Tobacco desired respite till the Next Court

              for his proofe therein, It is thereupon Ordered that the hear-

              ing be respited till the Next Court, And the Court will then

              upon the hearing (which is then to he pemptory) consider of

              fitting Satisfaction in respect of the delay menconed in the

              pltes Peticon this day Exhibited if there be Cause, All other

              differences now depending in Court betwixt the Said parties

              being by Consent on both Sides till then respited.

              John Hamond plt Upon reading of a former Order made

              mE Cuthbt ffenwick deft in this Cause the 4th day of March last the

              Matter having Ever Since Stood in reference and both parties

              now attending forasmuch as the defendt hath not yet per-

              formed the direction of that Order as touching the proofe

              therein Mentioned, It is now ordered that the defendt do pay

              to the Compit three hundre and fifty pounds of Tobacco and

              Caske for the Carpett and other things Menconed in that

              Order and in the pltes Peticon then Exhibited to be detained

              from him by the defendt with Court Charges

                                  The plt by his Attorney Sues for

              Capt Henry ffleet by mr  1

              John Hallowes his Attorney plte    490 of Tobacco and Caske due by

              William Edwyn defendant  the defendt to one Thomas ffrancklyn