326

Provincial Court Proceedings, 1659.

Liber
P. C. R.
Oct. 5 Pnt^e

Wednesday 5^o Octob^r att M^r George Reades howse.

Josias ffendel Esq^r Gou^rl
Philip Caluert Esq^r Sec^r
Cap^t Will^m Stone

M^r Thorn: Gerard
Co^tt Nathan: Vtye

M^r Baker Brooke
M^r Ed: Lloyd.

To the hon^bfe the Leiut^t of Maryland &c :

Utye v.
Sharpe

The humble Petⁿ of Rich: Collett Attorney of Co^tt Nathaniel Vtye
Sheweth That whereas Cornelius Abramson did transport out of
Virginia into this Prouince one Daniel Browne indebted to Thomas
Poole in Virginia, who obteyned Order there agst the s^d Abramson
for the Debt, in Case he returned not the s^d Dan: Browne downe
againe. And whereas the s^d Cornelius being ready to carry downe
the s^d Browne, Robert Kingsbury undertooke before M^r Preston to
satisfy th^t Debt of Brownes to what euer it amounted unto, And

p. 2g6

whereas since againe M^r Peter Sharpe undertooke to pay that
Debt, w^ch amounteth to 500^l Tob. w^th Costs of suite (as by the Copey
of the Order from Virginia appeareth) And whereas That order was
assigned ouer in Court to Cap^t Lawrence Washington] Deceased,
now belongeth to Co^tt Nathaniel Vtye, who [married] the Relict of
the s^d Cap^t Ward, now the s^d M^r Sharpe not hauing satisfyed that
Debt according to his undertaking & promise to M^r Vtye whose
Attorney yo^r Pet^r is. He humbly therefore Craueth an Order of this
Court agst the s^d Sharpe for the s^d Debt, according to the Order of
Court had in Virginia w^th Costs thereunto belonging & hee shall eu^r
pray &c :
To the Petⁿ of the plf , the Deft sayth, th^t hee hath allready satis-
fyed th^t Debt, by paying unto the Pet^r one hogshead of Tob. The
plf replyeth th^t he receined one hogshead of Tob, yett after he had
receiued it the deft would not suffer him to carry it away
The Deposⁿ of Samuel Leister sworne & examined this 15^th of
Septemb^r 1659.
That about two yeares since this Depon^t went w^th M^r Richard
Collett to receiue a hogshead of Tob from M^r Peter Sharpe & after
the s^d M^r Collett had marked the s^d hogshead, That M^r Sharpe did
declare th^t the s^d hogshead should not goe uppon that account &
further this Depon^t sayth not
Jurat Cora^m Henry Coursey.
The Deft replyeth, That that hogshead of Tob, w^ch the plf marked
is still lying in his howse, w^oh he hath euer since looked unto as his
owne.
Both parties agreeing betwixt themselues
The Deft assumed to pay unto the plf One hogshead of Tob, &
satisfy ouer & aboue all Charges of Court.