Provincial Court Proceedings, 1659. 353

To the hon^ble the Gouerno^r & Councell &c :

The humble Petⁿ of Augustine Herrman Sheweth That yo^r Pet^r
layd an Attatchm^t uppon the Estate of Maior John Billingsley att
the Cliffts for the sume & ualew of fiue thowsand pownds of good
merch^ble Tob & cask, due unto yo^r Pef by specialty euer since p^o
Septemb^r 1657, And whereas the s^d Maior John Billingsley hath Or-
dered M^r Tho: Manning by a speciall assignm^t for the satisfaction of
yo^r humble Pet^r. Hee therefore craues an Order of Court, th^t paym^t
forthw^th may bee made him, & hee noe longer delayed, w^th Court
Charges & forbearance. And he shall pray &c :
Vppon the fores^d Petⁿ of Augustine Herman agst the Estate of
Maio^r John Billingsley, The s^d Billingsley being since deceased, &
the Tob attatched like to bee lost, for th^t noe one yett hath taken out

Liber
P. C. R.
Herman v.
Billingsley's
Estate

lr^es of Admistraon, & uppon delay in danger to be spoyled: There
being fiue hogsheads of Tob Returned by the sheriffe Attatched on
that writt, The Attatchm^t being in nature of an arrest, And the s^d
Billingsley confessing and writing to M^r Tho: Manning, how th^t
hee is indebted to the s^d Augustine, & willing him to come to agreem^t
w^th him, & pay him such Tob, as was due w^ch the s^d Billingsley
acknowledged to bee about three thowsand pownds of Tob, (as the
s^d M^r Manning deliuered in Court)
The Judgnf of the Court is, And soe Ordered, That the s^d August-
ine Herman take those ffiue hogsheads of Tob allready attatched by
the sheriffe, Hee gyuing in security to bee accomptable to the Ad-
mistrato^r of the s^d Billingsley Estate, when euer hee shall bee called
thereto; & Returne the same, if in Case, it proue not due to him the
s^d Augustine
Augustine Herman demands Attatchm^t agst the Estate of Maio^r
John Billingsley for 3000^l Tob, There being due to him as he alleag-
eth 2537.
Writt to the Sheriffe of Caluert County to Attatch &c: Ret next
Prouinciall Court to be holden.

Vid. fol. 342

The plf sheweth to the Board, That hee made an agreem^t w^th M^r
Harrise, the defts Wifes former husband, to serue & supply the s^d
Harrise, & his family w^th physick, & other medicines touching his
practice from March till August following, hee paying him therefore
one Thowsand pownds of Tob, And auerreth uppon Oath in Court,
th^t hee neuer yett receiued any satisfaction therefore, & thereuppon
brings in his accompt for physick &c: amounting to sixteene hund^d
& thirty pownds of Tob.
To w^ch the deft, sayth, th^t the plf complyed not according to th^t
his agreem^t & further th^t the plf passed his Bill for goods bought of
his Wife, since th^t claime was due from M^r Harrise, & therefore
conceiueth th^t debt to haue bene discharged & payd

23

D^r Luke
Barber v.
M^r Henry
Coursey
P. 352