Provincial Court Proceedings, 1658. 167

dammages your Pet^r humbly referreth to yo^r hon^rs arbitraon in
Equity, for reparaon w^th cost of suite & yo^r Pet^r shall pray &c :
Vnto the plfs Petⁿ the deft alleageth, That hee gathered fowrty
barrells of Come, att one place, & Sixty barrells att another place, &
hauing occasion to goe downe to Virginia, he left the care of the
Corne & striking the Tob to Andrew Laremore, What Tob was
cured, hee struck before hee went downe. And the plf replyeth That
when the deft was in Virginia, he susteyned much dammage, both
in his Tob & Corne, being heated during his absence.
John Hollinsworth sayth uppon oath th^t there was (as hee sup-
poseth) about 100^l of Tob, w^ch lay up & downe on the sticks, some
whereof hee this Depon^t made up in twist, & other Tob there was in
fowre seuerall Bulks: But what quantity there might bee, hee cannot
tell, All w^ch was naught. But being proued th^t the deft went downe
to Virginia, w^th leaue & lycence from the plfs mother in Law (as shee
her selfe acknowledgeth in Court) The Judgm^t of the Court is, That
they see noe Cause of accon, th^t the plf can bring hereby agst the
deft.

Liber
P. C. R.

Vppon the demand of the plf for 1800^l Tob. in cask, The deft
sayth th^t he hath satisfyed to M^r Hallows that debt.
John Bogue declareth uppon Oath That that Bill passed to M^r
ffenwick by the deft, was in consideraon of a Judgm^t had agst the
deft, W^ch Judgm^t did belong to M^r Hallowes.
Will^m Yowng sworne sayth, That the discharge produced by the
deft, is this Depon^ts owne writing, And th^t hee receiued full satisfac-
tion from the deft, in consideraon of that Judgm^t belonging to M^r
Hallowes.
It is Ordered the deft haue his Bills in w^th costs of suite.

Mrs. Jane
ffenwick v.
Walter
Pakes

Vppun the Petⁿ of the plf, concerning Two horses, (belonging to
the plfs owne proper Estate) lent to the deft, W^ch s^d horses were
through the defts carelessnes heated & killed, in pulling out Two
beifers, w^ch were myred belonging to Cap^t Cornewalleys, whose
howsekeeper the deft att th^t time was. The deft sayth, th^t the first
day hee went in company w^th M^r ffenwick himselfe And the plf not
being able to proue what is alleaged in her Petⁿ The deft is dismissed.
The Court adiorned by the Gouerno⁶ till to morrow morning

Mrs. Jane
ffenwick v.
William
Boreman
P. 125

ffriday 8^th of Octob^r

1658 Oct. 8

All present as yesterday.
Came Thomas Seymour, & assigneth that Order obteyned agst
M^rs Jane Eltonhead for Seauen hund^d & twenty pownds of Tob att
the last Prouinciall Court unto Robert Kingsbury for the use of
Dauid fferreira. The Costs of suite being Sixty two pownds of Tob.

Seymour v.
Eltonhead
Vid. the
Order fol. 42