Provincial Court Proceedings, 1658. 159

Gerard further promising your Pet^r to take in his Bill, then in the
hands of Henry ffox, in consideraon of the fores^d Tob. W^ch hee hath
noe wayes p^eformed, Soe th^t yo^r Pet^r still remaines ingaged to the s^d
Hen: ffox w^ch is likely to proue uery dammeagble to yo^r Pet^r, in
respect of his great pouerty, & the afores^d Bill remeyning soe long
unsatisfyed.
The premises considered yo^r Pet^r most humbly desyres th^t yo^r
hon^rs will be pleased to constreine the s^d M^r Gerrard to secure yo^r Pet^r
from the afores^d debt by procuring him, & deliuering him his Bill,
w^th all charges belonging to the suite & yo^r Pet^r shall eu^e pray &c :
Vppon the Petⁿ afores^d the deft denyeth th^{ the hogshead doth
belong unto him.
Edward Turner aged 22 yeares, or thereabouts sworne & exam-
ined, 30^th of Septemb^r 1658, Sayth That about January or ffebruary
was Tweluemonth M^r John fflood came to the howse of Thomas
Dyniard, & did there demand a hogshead of Tob of Charles Maynard,
for the use of M^r Thomas Gerard, by uertue of a note, th^t M^r Gerard
sent by the s^d M^r fflood to Charles Maynard wherein he desyred M^r
fflood might haue a hogshead of Tob deliuered him by the s^d Charles,
for the use of M^r Gerard. ffurther this Depon^t sayth that M^r fflood
did receaue a hogshead of Tob uppon the account of M^r Gerard att
that time of Charles Maynard: allso th^t M^r fflood marked the hogs-
head w^th T. G. att the same time, & further sayth not
Jurat Cora^r Rob^t Slye.

Robert Thomas sayth uppon oath in open Court, th^t M^r ffloyd
brought a note from M^r Gerard, to receaue of Charles Maynard a
hogshead of Tob, for M^r Ger^rads use, W^ch he did receaue, & marke
w^th M^r Gerards marke.

Liber
P. C. R.

Thomas Dyniard deposed allso in open Court, Sayth That M^r
ffloyd ueiwed a hogshead of Tob of Charles Maynard & opening the
hogshead sayd, The Tob is small, but I cannot find fault w^th it &
receaued it & marked it w^th M^r Gerards marke T. G.
The Court uppon the fores^d Testimonies doth find That the hogs-
head in dispute was receaued by M^r Gerards order, Weighing Two
hund^d seauenty & fowre pownds neate, & thereuppon ordereth th^t
the deft satisfy soe much unto the plf, w^th Costs of suite. Writt of
Exeqⁿ according the order, fol. 217.

p. 117

Respited till next Prouinciall Court.

Stanley v.
Pott

To the hon^ble the Gouerno^e & Councell

The humble Petⁿ of Thomas Gerard, Humbly Sheweth Whereas
Cap^t Will^m Euans hath iniuriously taken yo^r Pet^rs marke from him,
& the same hath recorded.

Gerard v.
Evans