346 Provincial Court Proceedings, 1659.

Liber
P. C. R.

The plf not being p^ent in Court, But by his Attorney M^r Henry
Coursey who is one of the Wittnesses summoned in this Cause, Or-
dered that the Cause bee respited till next Prouinciall Court, And
further, th^t M^r Rob^t Clearke & M^r Henry Coursey (being lawfully
summoned) giue in their Depos^ns att this Court, touching the plfs
claime.

Philip
Calvert Esqr
his LP^S
Receiv
grail v.
Cap^t Miles
Cooke
Vid. Order
Attatchmt
fol. 320

The plf sheweth how th^t according to his Order & appoyntment
from his L^p, hee demanded of the deft, The Fort duties (as is
prouided by Order of Assembly) w^ch the deft refused to pay. And
thereuppon obteyned Order for Attatchm^t.
The deft sayth th^t hee did not deny the paym^t of the Port Duties,
if in Case his L^p requyred them of him, But being his L^ps serut, &
one of his Admiralls here, hee supposeth himselfe not chargeable w^th
those Duties. And how that those duties were not demanded of him
according to the Act or Order of Assembly.
Will^m Bretton Sayth uppon Oath That hee went in Company w^th
M^r Caluert aboard Cap^t Cooks ship, when hee demanded the Port
Duties. And Cap^t Cooke sayd th^t if his L^p requyred them in Eng-
land, hee would satisfy them. But being pressed by M^r Caluert,
whither hee would giue him his Bill of Exchange into England there-
fore, yea or not, the s^d Cap^t Cooke absolutely refused, & sayd hee
would not, ffurther sayth not.
Zachary Wade sworne in open Court sayth That hee was on board
Cap^t Cookes ship when M^r Caluert was aboard. And uppon motion
of M^r Caluert touching Port Duties, Cap^t Cooke sayd That if his L^p
requyred it in England hee would pay it, But hee would not giue
Bond for it here, & further sayth not.
The Gouerno^r requyreth the Councell to deliuer their Judgm^ts
seuerally whither Cap^t Cooks answere were ssufficient yea or noe.
Co^tt Vtye. Powder & shott ought to haue bene demanded accord-
ing to the Act, & payd by him: & That his answere was sufficient
& the sloope not iustly attached.
M^r Baker Brooke the same.
D^r Luke Barber the same.
M^r Thomas Gerard. That the Sloope ought not to be condemned
or attatched.
Co^ll John Price. Answere not sufficient: & the sloope iustly
attatcht.

p. 345

M^r Rob^t Clearke. That the Attatchm^t of the Sloope was iust, in
th^t Cap^t Cooke complyed not: nor payd those duties eyther in this
County or in England.
Gouerno^r. That Cap^t Cookes answere was not sufficient, ail-
though the Port Duties were to bee payd in money & his L^ps Receiuer
demand it.