Provincial Court Proceedings, 1659. 355

To the demand of the plf for 50^l Sterl. The deft sayth That hee
shipped ffiue hogsheads of Tob, in the Ship Crescent Cap^t Thorow-
good Master, as hee was Ordered by direction from the plf, And
therefore conceiueth th^t th^t Debt is allready satisfyed by him unto
the plf, it being only 25^tSterl.
W^ch the plf denyeth & thereuppon procluceth M^r Ninion Butchers
Ire to M^r Joseph Rock, & the Accompt of Deb^r & Cred^rs concerning
this Tob.

Whereuppon the Gouerno^r appoynted M^r Robert Slye, M^r Nich-
olas Spencer, M^r Edward Prescott & M^r Augustine Herman to
consider of the Accounts, & Bargaine, & make report thereof to the
Board.

Who uppon consideraon make their Report as followeth. In
Obedience & complyance to the Commands of this hon^ble Court, to
Report the State of Accounts betwene Joseph Rock of New Eng-
land, and Will^m Battin of this Prouince.
Will^m Battin to pay Joseph Rock 25^t for goods bought in New
England to bee payd in the proceed of Tob to be Shipt aboard for
London to bee rated att 3^d 1/2 p^r ft Being the positiue words of the
Condicon w^th out further explayning, being what Tob Shipt aboard
is worth for New England goods, or goods att New England prizes.
M^r Battin an illiterate man, & the Condicon written by M^r Rock,
thus, That hee the s^d Rock to runne the Resgo of the Seas: M^r Battin
to stand to the markett, M^r Battin offereth to depose that his uerbal
agreem^t was, That if the Tob should produce more then the s^d 3^d 1/2,
the s^d ouerplus was by the s^d M^r Rock to bee allowed him: & th^t the
Certaine price of the Tob. to M^r Rock should bee 3^d 1/1 Shipt aboard.
Now the Tob. being woa fully damaged when it came out of the
Ship, as M^r Butchers letters declare, & M^r Rock being to runne the
Resgo of the Seas The Consideraon arryseth from that, Whither og
noe ffiue hogsheads of principall Tob might not haue payd 25^l had
not the Resgo of the Sea woafully damnifyed it, The Ship prouing
uery leaky ?

Liber
P. C. R.

On M^r Rocks behalf e it is alleaged that but Three hund^d & odde
pownds of Tob were damnifyed. The Court can Judge whither or
noe soe much dammage in the s^d hogshead, bee not the cause of the
inualid price of the rest, of the Tob. Nothing appearing to the
Contrary but th^t the 3^d 1/2 in the condicon is the price of the Tob. &
soe much being Shipt, as payeth the 25^l att the s^d price w^th in 6 or 7
Shillings. And Bills of Lading being taken according to M^r Rocks
order, & according to the Obligaon.
Cap^t Battin alleageth the paym^t to bee according to Condicon &
nothing appearing to the Contrary, by w^ch any thing can be otherwise
decided, & moreouer otherwise beside this price M^r Battin can neuer
certainely know an end of his paym^t. Moreouer Cap^t Battin is ready

p. 354