72 Court and Testamentary Business., 1649 50.

         Liber A.  good the said Accompt bee would satisfy the same to the

              defendt as soone as he could heare from Mr Mottram con-

              cerning that busines It is therevpon ordered that the defend'

              shall pay vnto the pite the said five hundred and eighty pounds

              of Tobacco by him paid to Mr Mottram as aforesaid and the

              Bill to bee cancelled and made voide.

              Cuthbert ffenwick plte The plte sues for fourteene hundred

              Thomas Warr defendt and nyne pounds of Tobacco and Caske

              remayning due vppon a Bill of fifteene hundred pounds of

              Tobacco. The defendt confessing the Bill and noe proofe

              being made of further paymt It is ordered that the defendant

              shall pay the said fourteene hundred and nyne pounds of

              Tobacco and Caske to the pite And vppon paymt thereof the

              Judgmt formerly entred by Tho. Ashbrooke the Principall to

              bee vacated

                       The Bill is cancelled

              William Eltonhead gent Attorney    The pltes suite being for three

              of Mr Edwyn Conoway plte } hundred and fifty pounds of To-

              Marty Kirke defendt  bacco p Bill and forty pounds of

              Tobacco p Accompt And the defendt confessing the debt

              It is ordered that hee the said defendt shall pay vnto the said

              mr Connoway or to Mr Eltonhead for his vse Three hundred

              and nynety pounds of Tobacco and Caske

               At a Court held at St) prseflt The Governor Thomas Gerrard Esqr

               Maries the 12th of

               ffebruary 1650 Capt John Price Capt Willm Mitchell

                  Mr Willm Eltonhead Mr Secretary

              James Lindesey plte The pltes suite being for Three hundred

              Barthol: Phillipps deft f pounds of Tobacco and Caske payable by

              Bill in November 1649 The Court being informed that the

              defendt by reason hee was disabled to travell could not attend

              the hearing and that in that respect bee prayed a Reference till

              the next Court It is therefore ordered that vnles the defendt

              shall by himself or his Attorney at the next Court shewe good

              Cause to the contrary hee shall pay vnto the plte the said

              Three hundred pounds of Tobacco and Caske

              Phillipp Land pite vppon the entring into the hearing of this

              Thomas Warr deft Cause. The pltes suite being to bee releived

              for breach of Covenant about the building of a House & dam-

              ages The defendt acknowledgeth the Covenant, but saith the

              plte was to bring Timber wch the plte neglecting to provide

              and Nayles as bee agreed hee the defendt was not onely dis

         p. 396    abled to performe the worke but also much dampnified [by the

              plaintiffes] delay therein and produced his proofe.