354 Provincial Court Proceedings, 1659.

Liber
P. C. R.

The Cause is putt to a Jury
The Juro^rs Returned by the Sheriffe for this day are
fforemaⁿ

M^r Thomas Manning,
M^r Hugh Stanley,
M^r Luke Gardiner,
M^r James Lindsey,

M^r John Ashcomb,
M^r Walter Hall,
M^r Rob^t Cole
M^r Tho: Lomax,

Rob^t Kedger,
Will^m Whittle
M^r John Abington
George Mackall.

Le Compte
v. Ashcombe

And the Juro^rs brought in their Verdict (Noe Cause of accon)

Anthoyne le Compte Petitioneth the Board agst M^r John Ash-
combe, shewing therein how th' the s^d Ashcombe hath trespased, &
still persisteth soe to doe uppon his Lands surueyed & pattented by
him, to the dammage of One Thowsand pownds of Tob. & therefore
craueth Order agst the s^d Ashcomb for the s^d dammage susteyned
through such wrongfull trespasse.
To which the deft sayth, th^t the plf susteyneth noe dammage by
his meanes neyther encroacheth hee uppon his bownds.
And the plf not able to proue what hee alleageth in his s^d Petⁿ, The
deft Craues a nonsuite, W^ch was graunted by the Board.

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

Rock per
Attorn.
More v.
Battin

The humble Petⁿ of Richard More Humbly Sheweth That Cap^t
Will^m Battin is indebted unto yo^r Pet^r fifty pownds sterl, as by his
specialty may appeare. May it therefore please this hon^ble Court
to graunt order for paym^t of the s^d Debt togeather w^th forbearance &
Court Charges And yo^r Pet^r shall pray &c :
This wittnesseth th^t I Will^m Battin of Virginia Merch^t doe
acknowledge my selfe to stand indebted unto Joseph Rock of Boston
shopkeeper in New-England, the iust sume of Twenty fiue pownds
sterling. The w^ch s^d Sume I promise to pay out of the produce of a
parcell of Tob, w^ch I engage to send in one of the first ships bownd
for London, & to consigne it unto Ninion Butcher Merch^t in Adly
Streete, for the paym^t of the Sume aboue for the proper use of the

p. 353

s^d Rock. And it is further agreed that the s^d Rock is to runne the
Resgo of the Sea, the Tob being rated att 3^d 1/2 p^l & the s^d Battin to
stand to the markett, Likewise I the s^d Battin doe engage my selfe to
send to the s^d Rock a Bill of Lading under the Masters hand, uppon
whom the Tob is shipt, by the first opportunity unto the s^d Rock in
Boston. And for the true p^eformance of the same I bind my selfe,
Execute^rs, & Assignes in the dowble ualew, for the true p^eformance
of the aboue named Sume. In wittnes hereof I haue hereunto putt
my hand this 27^th day of this p^ent Septemb^r 1654.
Wittnes Jeremiah Murells Josiah Robinson. Signe
Will^m I X B Battin