188 Provincial Court Proceedings, 1658.

Libe
P. C. R

yo^r Pet^r humbly conceaues in Equity still liable to the Attatchm^t,
granted by Cap^t Stone, all Justice being impeded from th^t time, untill
yo^r Pet^r proceeded agst Job Chandler for the s^d Estate, In tender
Consideraon of all w^ch premises yo^r Pet^r humbly prayeth That the s^d
parties may according to the usuall Cours in Chancery putt in their
answere uppon Oath, & declare why the s^d Estate was soe protected as
afores^d, & after w^th out any notice gyuen to your Pet^r, or his
Attorney, or any Legall proceeding for recalling of the obligaon
past as afores^d for securing the s^d Estate, Deliuered up & p^emitted
to be exported. And uppon what tearmes, or security the same was
done & permitted. As allso who hyred or borrowed the s^d Sloope
for the exportaon, And if hyred whither by the month or the
Voyage, And what men were in her to sayle her, how called, & how
& by whom payed & uictualed. What was the hyre of the Sloope,
where & by whom payd, & in what Comodity? By w^ch yo^r Pet^e

p. 145

doubts not but yo^u will find sufficient cause to relieue him, And th^t
untill this suite be determined, the Sheriffe may be Ordered to take
into his possesⁿ the negroes, th^t were formerly part of the Estate
attatched, now in the possesⁿ of the s^d Chandler & Ouerzee: or they
Ordered to be responsable for them when the s^d suite is ended.
And yo^e Pet^e shall pray &c :
Thomas Cornwalleys.

Ordered That the defendants putt in their answere uppon oath,
att the next Prouinciall Court.

Barton v.
Gerard

Command Thomas Gerrard Esq^r & Susan his Wife to hould plea,
to William Barton; of Barton Hall Mariner in an accon of Couen^t
to him the s^d Will^m Bartin of Three hund^d Acres of Land, one
dwelling howse One Orchard, Two Tobaccho howses Lying or being
in the Manno^e of S^t Clem^ts in the County of S^t Maries, according to
a Couen^t or Deed of Bargaine & Sale from the s^d Thomas Gerard,
to the s^d Will^m Barton Bearing date the Twentieth day of Septemb^r
Ano Dni 1658, and is as followeth. Josias ffendall.

This Indenture made the Twentieth day of Septemb^r in the yeare
of Our Lord God One Thowsand six hund^d fifty & Eight, Betweene
Thomas Gerard of S^t Clem^ts manno^r Esq^r of the one part, And Will^m
Barton of Barton Hall Mariner of the other part, Wittnesseth That
the sayd Thomas Gerard hath for a ualuable Consideraon Bargayned
& sold, And by these p^ents doth bargaine & sell unto the s^d Will^m
Barton One neck & parcell of Land Bownded w^th a marked white
Oake, Standing from the head of the back Creek of Canow neck One
hund^d & Sixteene perches running East to the head of the s^d Creek
of Canow neck by the neck East Sowth East into S^t Clem^ts Bay for
the length of One hund^d & Twenty perches or thereabouts And on
the East w^th the s^d Bay of S^t Clem^ts for the length of One hund^d &