Provincial Court Proceedings, 1658. 249

Order of Court yo^r Pet^r was outed by the Sheriffe, & to his great
preiudice forced to accept a new Tytle from M^r Edward Lloyd of the
s^d Land purchased by him from Thomas Greene, who had marryed
the Widow of Nicholas Haruey whose Land it was formerly. And
further Sheweth that since th^t time & in this p^ent yeare yo^r Pet^r hac
fiue hogsheads of Tob Leauyed by way of Execuon for his L^ps Rents
notw^thstanding the s^d Articles were neuer p^eformed, & it is held of
M^r Lloyd, & not his L^p as more att large (relaon to the s^d Articles &
writings being had) may appeare.
yo^r Pet^r therefore humbly moueth this hon^ble Court to take the
premises into their Consideraon, & declare whither hee ought to be
chargeable w^th the s^d Land, in order to the s^d Articles or whither hee
ought to hold it by Graunt from M^r Edward Lloyd. And he shall
&c:
Vppon the Petⁿ afores^d it is Ordered That when the Arreares of
Rent to the Lord Proprietary bee payd & satisfyed according to th^t
former Order for Extent, Then the Bond betweene the Pet^r & M^r
Thomas Hatton his L^ps then Attorney Grail Concerning the Extent
be deliuered in, by M^r Secretary. And It is further Ordered th^t the
heyre of the s^d Haruey pay his proportion of the arreares & Rent.

Liber
P.C.R.

Judgm^t is Graunted to the plf agst the deft for Three hund^d &
Eighteene pownds of Tob & Cask.
The Deft being lawfully summoned, & not appearing according to
the writt.

M^r Will^m
Bretton v.
Walter
Smith
p. 206
Vid. fol. 142

The plf alleageth th^t hee deliuered to the deft a man Seruant, in
Consideraon th^t the deft should nurse the plfs Child. And further
th^t the deft was the occasion of his seruants goeing away in th^t time
of seruice, & cause of his not working as was exspected; hee hauing
by this meanes lost the Crop of his s^d seru^t & satisfyed the deft
otherwise for the nursing of his Child.
The deft (p^r Attornat) sayth th^t hee did not counsell the seruant
to goe away, & absent himselfe: But confesseth th^t hee promised to
goe along w^th the seruant to M^r Prestons, & see whither the s^d Seruant
could obteine his freedome or noe, w^ch (as he sayd) hee hoped to
gett att Court.
The plf replyeth th^t the deft ought to haue defended his owne
Tytle & the plfs Tytle allso to the seruant att Court, w^ch hee did not,
but quite contrary, neuer sending after him, but suffering him to
loyter to & againe.

Josias
ffendall v.
Michael
Baysey
Vid. depos^ns
fol. 137

The Judgm^t of the Court is th^t the deft shall make good the
seruants Crop to the plf , according to their agreem^t for Twelue hunds
pownds of Tobaccho & Cask.

Exeqⁿ
issued
vid. fol. 322