Provincial Court Proceedings, 1658. 157

M^r Henry Coursey deposed sayth, That James Bowling had goods

of M^r Anderton & the s^d Bowling desyred this Depon^t to rate those
goods hee receiued, & hee Judged them to bee worth fowre pownds
sterl. or thereabouts, att first penny.
Both parties being heard, It is Ordered That the deft deliuer to the
plf, John Standish, w^th his proper hyre; & soe much goods att first
penny, as shall make up the summe of Twenty pownds, Into w^ch
summe of Twenty pownds the goods & seruant is to bee allowed, w^ch
the plf hath allready receiued for the deft.
The Court adiorned by the Gouerno^r till tomorrow morning.

Liber
P. C. R.

Sub pen. to the Sheriffe to warne Rose Smith, Will^m Osberstone,
& Jane Chambers to attend the Court. Eliz. Potter

The same Court proceeded

Sub poenas

Thursday 7^th of Octob^r 1658
Pnt^e.

Josias ffendall Esq^r Gou^r Cap^t Will^m Stone M^r Baker Brooke
Philip Caluer Esq^r Secr. Co^ll John Price Co^ll Nathan: Vtye.

1658
Oct. 7

Whereas Henry ffox is ingaged for mee to M^r Thomas Hatton
for fowre hund^d fowrty & three pownds of Tob & cask & to M^r
Gwyther for flue hund^d and ninety pownds of Tob & cask & some
odde, of w^ch I haue made him paym^t of Three hund^d & six pownds of
Tob & cask, now know all men by these p^ents That I Cap^t Will^m
Mitchell haue for & in consideraon of the s^d Ingagem^ts graunted
bargayned & sold unto the s^d Henry ffox, as his Assignes all my
Estate, right tytle & interest of & in the howse wherein I now dwell
commonly called S^t Thomas, w^th the Land & appurtenances thereunto
belonging, To haue & to hold to him & his Assignes untill the re-
mainder of his s^d ingagem^ts amounting unto Seauen hund^d Twenty &
seauen pownds of Tob & Cask be fully satisfyed & payd: or hee the
s^d Henry ffox be fully & sufficiently saued & kept harmelesse &
indempnifyed from soe much of them. In wittnes whereof I the s^d
Cap^t Will^m Mittchell haue hereunto sett my hand, this 20^th of Aprill
1653 Will Mitchell
Tested by Vs
Pa. Simpson
Raph Crouch.

Vppon the demand of the plf for Seauen hund^d Twenty & seauen
pownds Tob & cask, The deft not appearing, And the plf producing a
Couen^t shewing th^t the deft ingaged a Tenem^t in consideraon of that
debt demanded, as is expressed in the s^d Couen^t The Court not finding
any debt due from the deft to the plf, but by th^t Ingagem^t of S^t

Hall v.
Mitchell
p. 115