Provincial Court Proceedings, 1658. 245

The Jury agreeing Returnes their Verdit (Viz) ffownd for the plf
Two Thowsand one hund^d & Twenty pownds of Tob. & Cask w^th
Costs of suite. The Remaynd^e of the demand the plf is left to
recou⁶ of the principall Credito^e to whom the goods were deliuered &
receiued.

Liber
P. C. R.

His L^ps Attorney chargeth M^r Symon Ouerzee w^th Theftboate &
requesteth of the Board, th^t the s^d Ouerzee bee brought to a Tryall
for the same
Daniel Clocker sayth uppon Oath in open Court How th^t coming

Attorney
General v.
Overzee
Vid. fol. 252

ouer from Virginia to his owne howse, M^r Land came to him, &
told him, th^t hee fownd M^r Ouerzee more moderate then hee was.
And desyred him to goe to Ouerzee himself e, & trye if hee could
take up the busines concerning his Wife, And comming to M^r Ouer-
zee, & relating the busines att large of his Wife, M^r Ouerzee told this
Depon^t (bringing out a List of his goods ualued by himselfe att 5000^l
Tob) th^t hee was much damnifyed. This Depon^t profered him first
1000^l Tob, Yett att last they both agreed for 3000^l Tob. to the intent
hee might bring of his Wife, & th^t shee might bee assured of her
life, w^ch hee promised to doe. And to th^t intent M^r Ouerzee receaued
Bills, & some small accounts (euen according to his owne reckoning)
of this Depon^t to the ualue of 3000^l Tob. And since th^t the busines
is come to a full tryall, & nothing effected by M^r Ouerzee according
to his Condicon & promise w^th this Depon^t, hee Demanded of M^r
Ouerzee his Bills back againe & M^r Ouerzee refused soe to doe,
saying he would giue him none. M^r Philip Land sworne Sayth th^t
being w^th M^r Ouerzee, the s^d M^r Ouerzee told this Depon^t, That hee
would be contented to stand to some losse, prouided hee might haue
his goods againe: & uppon th^t consideraon hee was willing, & would
be contented to forfeite his Recogniz it being but a Thowsand pownds
of Tob. Whereuppon this Depon^t went the next day to Goodman
dockers, & told him the s^d Clocker th^t if hee would goe to M^r Ouer-
zee, hee beleiued th^t hee might easily now compownd the busines w^th
him, & not bring his Wife uppon the stage, ffor M^r Ourzee did not
desyre to prosequute, soe hee might haue his goods againe, though
w^th some losse, & this Depon^t accompanied the s^d Clocker from his
howse towards M^r Ouerzee's as far as the White howse (S' Thom-
as's) & further sayth not.
M^r Ourzee denyeth what hee is charged w^th, & sayth th^t the Bills
hee receaued of Daniel Clocker, were receaued by him uppon another
account, & not uppon any such account, as is alleaged. Desyring the
Court to understand th^t what informaon the s^d Clocker hath gyuen
or made agst him, in this busines, to haue suggested the same to
an ill intent out of meere malice & spleene.

p. 202