Provincial Court Proceedings, 1659. 363

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

The humble Petⁿ of Will^m Battin humbly Sheweth, That Richard
Smith was imployed by yo^r Pet^r in the yeare 1659 to procure seruants
in England to be transported into this prouince for yo^r Pet^rs use, &
was allowed Sallary for the same, as it may appeare by seuerall
sumes of moneys receiued during his abode both in this Prouince &
England. But hauing shipped the seruants aboard M^r Haskeynes
tooke their Indentures in his owne name (notw^thstanding yo^r Pet^r
undertooke for the transport of himselfe & seruants soe shipped) &
hath contrary to the ffayth reposed in him, disposed of the s^d Ser-
uants. And yo^r Pet^r then being not in Bristoll, att the discharge of
the ship, could not perfect his Acc^ts w^th the s^d Master. By w^ch
meanes the s^d Master attatcht the Tob, w^ch was given for the s^d
Seruants. Whereuppon yo^r Pet^r is much damnifyed in the Con-

Liber
P. C. R.
Battin v.
Smith

tract betweene the s^d Master & himselfe, W^ch was To pay for the
transport of a seruant att Bristoll 5^l, 10^s, or att the returne of the
Ship 7^l, 10^s, or in this Prouince 800^l of Tob. & Cask. All w^ch
Contract & agreem^t was made uoyd, by the s^d Smith in the indirect
sale of the s^d Seruants as by the deposⁿ of the s^d M^r Haskeynes may
appeare. ffurther the s^d Smith is indebted to yo^r Pet^r 19^l, 18^s, 6^d,
Soo^t Tob & Cask & 13 armes length of Roanoke as p^r Acc^t may more
att large appeare.
May it therefore please this hon^ble Court to Order That the s^d
Smith make satisfaction for the dammages soe by yo^r Pet^r susteyned
in the sale & indirect disposure of his seruants, & pay the aboues^d
Acc^t, w^th Costs & Charges of suite & hee shall pray &c :
This Cause being sent up from the County Court in Charles County
to this Prouinciall Court. The deft, by his Attorney M^r James
Langworth, denyeth whatt is alleaged in the Petⁿ & willeth the plf
to make proof of of the same. And uppon reasoning the Case on both
sides The Board putt the same to a Jury, Who returne their Verdict.
Noe Cause of suite.

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

p. 362

The humble [petition] of Sampson Waring Sheweth That whereas
John Waghop hath uery much trespassed yo^r Pef by uniustly paying
away & disposing of a hogshead of Tob, belonging to yo^r Pet^r to the
ualew of 386^l as hee can iustly make appeare. Yo^r Pet^r humbly
Craueth satisfaction from the s^d Waghop w^th damages & Costs of
suite, & he shall pray &c :
Vppon the demand & Petⁿ of the plf the deft sayth, That that
hogshead of Tob was rotten, or damnifyed, & lay to & agen about the
Tobacco howse; neyther tooke hee any care of, or concerning it,
Imagining that the plf did soe likewise.

Waring v.
Waghop