Provincial Court Proceedings, 1658. 177

Hee humbly requests th^t yo^u will passe yo^r Censure thereuppon, &
th^t it may bee entred uppon Record, And yo^r Pet^e shall euer pray &c :
Vppon the fores^d Petⁿ The Gou^e requesteth the Councell then p^ent
in Court to declare, each, their Opinion in this Cause.
Co^ll John Price declareth That hee iudgeth it better for the behoofe
of the Children to sell it, then keepe it in their hands.
Cap^t Will^m Stone his Opinion is, That the Exequuto^r hath done
well, if hee dispose of it.
M^r Baker Brooke sayth, That he thinketh it the best way for the
benefitt of the Children, Yett hee doth not thinke it in the power of
the Court to order the Sale.
Gouerno^r That it would bee for the Childrens best aduantage if it
were sould, But the Pet^r cannot make the Bwyer any assurance of
the Tytle to the Land.

Liber
P. C. R.

Whereas Cornelius Johnson stands indebted unto Henry Thick-
penny, in Six hund^d & odde pownds of Tob. as is proued by the
Oaths of Michael & Joane Baysey, And the deft being lawfully sum-
moned, & not appearing, but by his Attorney crauing a Reference,
And whereas the s^d suite was respited the last Court, by reason of
the Defts absence in that Court, It is Ordered th^t the Deft pay or
satisfy unto the plf, Six hund^d & odde pownds of Tob & Cask, els
Exequuon, Writt. Exeqⁿ &c: fol. 217.

Thickpenny
v. Johnson
Vid. fol. 30

& 31
Vid. fol. 39

& 46

Vpon the Petⁿ of the plf, alleaging That being the Cheife or great-
est Cred^e to the Estate of John Crabtree deceased, & entring his
caueat agst the s^d Estate in M^r Hattons Record in the time of the
last troubles, & since the surrender of the Gouerm^t hath taken out
Lres of admistraon of the s^d Estate, Yett during the s^d troubles,
Will^m Stephens by far the lesse Cred^e, had Lres of Admistraon
Graunted him, & hath disposed of the s^d Estate, according to the
same by Vertue of his Lres of admistraon the ptf sues, & requesteth
the Court, that the s^d Stephens giue his s^d Admistraon up, & account
to the ptf for the same The Judgm^t of the Court is, (There appearing
noe Cause of accon) That the ptf be nonsuited, & pay Costs to the
deft.

Philip Land
v. Will"
Stephens

The Plf sheweth by Petⁿ, that the deft engaged himselfe to pay a
Debt unto the plf, w^ch one Rob^t Nugent owed her, The deft sayth that
hee engaged not, Only in Case the s^d Nugent lyued w^th him, Hee
would secure soe much Tob, in his hands for the use of the plf,
yearely (his necessaries & cloathing being first prouided for) as hee

Ellionor
Martin v.
Capi Nich:
Gwyther

made it, till the Debt was satisfyed & payd, But the deft being kept
prisoner att Seauerne, the s^d Nugent went away from him & dyed.
The Court see noe Cause of accon, & thereuppon the plf is non-
suited

p. 135