Provincial Court Proceedings, 1658. 227

named Henry Adams & Thomas Mathews for the use aboues^d a mare
betweene fowre & fiue yeares old, uisibly sownd wind & limb, uppon
the Receipt of Eight hund^d pownds of good sownd merch^ble leafe
Tob & cask as wittnes my hand this 7^th of January 1656
Will^m Mitchell.
In Case I fayle performance hereof my seruant Jane Witton is
hereby engaged for satisfaction.
Test Robert Thimbleby
This Bill bindeth me Will^m Mitchell of S^t Maries, in the prouince
of Maryland Esq^r, my heyres Executo^es admistrato^es or assignes
to pay or Cause to be payd unto Henry Ellery of the fore^sd prouince
Plant⁶ his heyres or assignes, the iust summe or quantity of Eight
hund^d weight of good sownd merch^ble leafe Tob & cask to be payd
att or before the Tenth of Nouemb^r next ensuing as wittnes my hand
this p^ent 14^th of August 1656 Will^m Mitchell
Wittnes Math: Stone Rich: Hotchkeys.

Nouemb^r 7^th 1656

I Henry Ellery the w^th in named doe by this presents assigne &
sett ouer all my right tytle & interest of this Bill (w^th the consent
of Cap^t Mitchell) unto Robert Cleark of this prouince.
Wittnes my hand the day & yeare aboue written
Henry H E Ellery
Daniel Johnson

January 20^th 1658

Henry Ellery aged 45 yeares or thereabouts Sayth uppon Oath
That this Bill was assigned ouer unto M^r Rob^t Clearke w^th Cap^t
Mitchells consent. Both Cap^t Mitchell & M^r Clearke, & this Depon^t
being alltogether in a Boate in S^t Georges Riuer, att the assigning
thereof Hen: H E Ellery
Jurat Coraⁿ me Will^m Bretton

Liber
P. C. R.

Whereas att a Court held in Caluert County on the 30^th of Aprill
last Attatchm^t issued out agst the Estate of Cap^t Mitchell for Two
Thowsand fiue hund^d pownds of Tob att the Request of M^r Robert

Vid. fol. 47

Clearke And whereas not long after the s^d Attatchm^t was Layd M^r
Robert Thimbleby Attorney of the s^d Cap^t Mitchell came into this
prouince, & had notice gyuen him of the s^d Attatchm^t by the Gou-
erno^r. And whereas likewise th^t former Attatchm^t was by order of
the last Prouinciall Court held allso in the County of Caluert on the
sixth day of Octob^r last continued, yett soe as in the names of M^r
Henry Adams & M^r Thomas Mathewes in the behalfe of the Or-
phanes of M^r Nicholas Cawsine, (as appeareth by the s^d Order of
Court) to whom the specialty was signed & consequently the Debt
due. It is Ordered (the s^d Cap^t Mitchell not appearing nor any

P. 185