Provincial Court Proceedings, 1658. 147

Wednesday 6^th of Octob^r 1658.

Josias ffendall Esq^r Gou^e |Co^ll John Price
P^ent. Philip Caluert Esq^r Secret^e | M^r Job Chandler
Cap^t Will^m Stone | M^r Baker Brooke.

Liber
P. C. R.
Oct. 6

Vppon the demand of Thomas Mathews the plfs Attorney for
3637^l Tob. The defts Attorney Philip Land acknowledgeth th^t there
were accounts betweeue the plf & the deft, & alleageth th^t the deft
payd Seauen hogsheads of Tob, & putt them on board M^r Webbers
ship, towards the paym^t of that Debt, & produced the Depos^ns of
Will^m Cornelius & Robert fford who make oath that the Tob. weighed
one Thowsand, Eight hund^d & fifty grosse.
The Deposⁿ of Will^m Cornelius Mariner Aged 34 yeares or there-
abouts sworne & examined the 16^th day of June 1654 Sayth That
about the middle of ffebruary the depon^t went in a Sloope of M^r
Symon Ouerzee merch^t of Virginia, & was by him Ordered to goe
aboard Cap^t Thomas Webber lying then in S^t Georges Riuer, in the
Prouince of Maryland, Where hee did meete w^th the s^d Ouerzee
aboard the s^d Ship, & by his Order unloaded Seauen hogsheads of
Tob. out of the Sloope, into the Ship. And then the Depon^t did
heare the s^d Ouerzee aske of Cap^t Thomas Webber afores^d whither
hee had order of M^r Will^m Allen to receaue some Tob of him. And
the s^d Webber gaue for answere hee had, & betweene M^r Ouerzee &
Cap^t Webber they opened the Tob. & Webber did receaue ffowre
hogsheads & refused Three. Whereuppon the s^d Ouerzee went
ashoare to Cap^t Will^m Stone w^th the Depon^t & finding M^r Will^m
Allen there told him That his Master had receiued ffowre hogsheads
of Tob, & refused Three more, & requested the s^d M^r Allen to goe &
looke uppon it himselfe, But M^r Will^m Allen did make an excuse to
goe att th^t time. But the Depon^t heard him say, hee would goe th^t
weeke & looke uppon it, & if it proued merchantable he would take it :
But if not hee must take it back againe, Since th^t time yo^r Depon^t
was seuerall times aboard the s^d Webber's ship. And by Order of
M^r Ouerzee did enquyre about the Tob, The master not being aboard
the Seamen told the Depon^t that M^r Allen hath looked uppon the
Tob, & gyuen order th^t it should be stowed away, w^ch accordingly it
was done. But yo^r Depon^t cannot iustly remember the weight of the
ffowre hogsheads receaued by Cap^t Webber, But as hee well can
remember was about Eighteene hund^d & oddc pownds of Tob. grosse,
& further sayth not.

Allen v.
Overzee

Robert ffoord aged 40 yeares or thereabouts, Sweareth the same,
and moreouer th^t hee uery well remembers the weight of the Tob, &
weighed Eighteene hund^d & fifty pownds grosse
It is Ordered that (the Tare being deducted & there remayning
1465^l) the deft pay unto the plf, 2172^l, Tob, the Remainder of the
s^d demand.

p. 106