Provincial Court Proceedings, 1659. 275

Whereuppon the s^d M^r Lloyd willeth the plf to proue what is
alleaged in his Petⁿ. To whom the plf sayth th^t hee hath shewed by
his testimonies read in Court th^t the deft was to deliuer him a mayd
seruant sownd & in p^efect health, according to th^t later Condicon
made w^th the deft, he hauing made paym^t of the whole summe of Tob
agreed uppon, w^ch is not unknowne euen unto M^r Lloyd himselfe, as
he uerily supposeth & beleiueth.
And M^r Lloyd acknowledgeth th^t there was a Collaterall contract
or bargaine made between the plf, & the deft, & signed, concerning
this mayd seruant, w^ch was cancelled & deliuered in unto the deft
by the plf, & thereuppon the deft ought not, to be molested, as con-
cerning th^t contract. It appearing to the Court, That att the first
bargaine or agreem^t for th^t seruant there was noe doubt of her
health, But, because p^ent deliuery was not made, there might bee
some doubt thereof: otherwise th^t Collaterall bargaine had not bene
(ffor the seruant to be deliuered sownd & in perfect health as afores^d)
Whereuppon the Judgm^t of the Court is, That seing the deft did
contract or make such Condicon, as is proued, w^th the plf, that hee
ought to haue performed his s^d condicon & contract w^th the plf, w^ch
he hath not.
It is therefore Ordered th^t the deft pay or deliuer unto the plf a
woman seruant for fowre yeares, & satisfy or pay the Charges of this
suite incurred this Court only, & noe further.

Liber
P. C. R.

This Cause being respited the last Prou; Court & the defts At-
torney alleging, th^t he supposed th^t the plf had w^th drawen his accon,
because the plf, nor his Attorney was not att th^t Court, And it
being shewen unto the Court, th^t the plf himself e could not bee att
Court, by reason of the year's ( ?) ffrost: & his Attorney was im-
ployed about his L^ps & the Country affayres; neyther did the defts
Attorney motion to haue this Cause determined. It is therefore
Respited till the next Prouinciall Court.

Coll.
Nathan :
Vtie v.
Peter
Sharpe

To the Petⁿ of the plf in this Cause, & Respite the last Court; The
deft not being personally present att th^t Court, but by his Attorney,
Sayth, That he knoweth not what is become of the Condicon gyuen
to Thomas Gregory, Yett he acknowledgeth th^t he passed a Condicon
unto the s^d Gregory for seauen yeares, for a small parcell of grownd

Cap^t Tho:
Cornewaleys
v. Michael
Baysey

adioyning to his plantaon, or cleared ground.
The plf sayth th^t he understands th^t the Condicon was for nine
yeares, & th^t the deft forced, in a manner the s^d Gregories Wife,
after her husbands decease to leaue her howse builded on th^t grownd,
& goe of her plantaon allso, and further th^t the plf hath euer since
made use of th^t grownd & howsing, & to th^t effect produceth these
Testimonies.

Vid. fol. 178