462 Court and Testamentary Business, 1656.

 Liber B.    Should Come into the Countrey, The Court weighing both

             their allegations, have thought fitt to Confirme the Sale made

             by Johnson untill the Said Mitchells Comeing in and have

             thereupon Ordered that the Said Langworth Shall forthwith

             dd the Said Servant unto the Said Mitchell and both parties to

             have their Remedy against the Said Johnson or his Estate

             wherein either of them are Injured in the Sale of the Said

             Servant.

               Andrew Wilcox Sworn and Examined Saith that going up

             along with mr Iohn Hawkins to Cornelius Abramson's house

             mr Hawkins going to Receive a hhd of Tobacco Ordered by

             mr Robert Taylor for him, the hhd being marked R T upon the

             opening of the head he found it rotten and Called yor Depo-

             nent to look upon it which your Depont put his hand betwixt

             Some of the layes of the Tobacco and feeling it Rotten took

             out my hand againe being very wet with the Moisture of the

             Tob. also your deponent heard Cornelius Abramson's wife Say

             that Thomas Seamore had Struck Some of the Tob: before it

             was Cured.

             Robert Taylor pltf Whereas there is a difference between

             John ffelton defendt Robert Taylor plft and John ffelton defendt

             Concerning one hhd of Tobacco which the Said ffelton and mr

             Morgin Received at Cornelius Abramsons and marked it with

             R. T. and when the Said ffelton reced the Said Tob it was

             Sound and John Felton paid the Said hhd of Tob to Robert

             Taylor, and the Said Taylor Received it upon the words of

             Phillip Morgin and John Felton and afterwards the Said To-

             bacco proved Rotten, The Court hath therefore ordered that

             the Said hhd of Tobacco being 400l neat that Robert Taylor to

             bear half the Loss and half the Charge in the Suit and John

             Felton the other half with half the Charges of the Said Suit.

               Nicholas White Sworne & Examined Saith, That Richard

             True and Goodman Smoot agreed with Markes Pheypoe to

             trim him a Shallop and Richard True and Goodman Smoote

  p.  211    tooke the Shallop into their Possession And further Saith Not.

                                            Nicholas White

             Marks Pheypoe plft Nonsuit is Granted unto Richard True in

             Richard True dcfendt the Suit of Markes Pheypoe with Charges

             and 200 l of Tob for his Loss of time

             Capt Mitchell pltf Upon a difference depending between Capt

             Luke Gardnor Deft Wm Mitchell plft and Luke Gardnor defdt Con-

             cerning one man Servant Named Iohn Spurdance and Sold by