Provincial Court Proceedings, 1659. 367

And uppon Oath made by the plf, th^t his s^d Accompt is true &
iust, & That hee neu^r yett receiued satisfaction, It is Ordered th^t
the plf haue Judgm^t agst the deft for the s^d some of Twelue hund^d
pownds of Tob. & Cask.
M^r Richard Lee, & Richard Wrights Condicon ffor the building
of a Twenty fiue foote howse square w^th a Cellar fowre foote in the
grownd| The Posts to stand uppon groundsells all Locust | w^th sum-
mer & small Joyce | The first roome to be the pitch of the hall,
wherein I Hue now or thereabouts my Cellar to bee six foote, Light,
& other Conueniences to it) The Roome of the hall pitch, to bee
layd w^th sawen boards, the same to bee lathed, to be playstered. The
upper Roome to be layd w^th splitt boards ioynted close, w^th a window
out of each side. And the stayres to goe up att the end, the same to
bee seald, Two Closetts & Chimney to bee in the hight pitcht roome,
a Porch w^th windows to iett out of the roome, ffurther I the s^d Rich-
ard Lee doth bind my selfe & assignes to p^eforme the aboue men-
tioned Condicon unto Richard Wright or his assignes. And further
& the s^d Richard Wright doth bind my selfe & assignes uppon the
finishing the aboues^d to pay unto M^r Rich: Lee Eight pownds sterling
in goods att the first penny; & th^t the s^d Lee shall not stay for any
help, th^t the s^d Wright can make of those hands hee hath att home.
And if the s^d Lee shall doe any thing as sawing or mawling or felling
that the, s^d Wrights poeple cannot doe, then the s^d Wright to satisfy

Jber
P. C. R.

the s^d Lee for the same. In wittnes whereof wee haue sett our
hands, September the 23^th 1658
Rich: Lee Rich: Wright
Testes ffrancis Clay Rice Maddocke.

Vppon dammage of the plf susteyned, The deft not hauing
p^eformed according to his Condicon & agreem^t, It is Ordered th^t the
plf haue Judgm^t allso for Two Thowsand pownds of Tob.

p. 366

Whereas the plf hath petitioned the Board, Shewing th^t the deft
is indebted unto him 1800^l Tob, for a Seru^t & other goods bought
of him, of w^ch the deft hath payd him 1038^l Tob, soe that there re-
maynes from the deft, to the plf to ballance 762^l Tob.
The deft sayth th^t Cap^t Samuel Tilghman oweth him 700^l Tob,
w^ch hee is willing to assigne him ouer, for his satisfaction.
James Langworth sworne on the behalfe of the deft, Sayth th^t
in his p^esence uppon ballancing an acc^t of about Eleauen hund^d
pownds of Tob betweene the deft & Cap^t Tilghman, say sometime in
ffebruary last, that hee would pay 700^l Tob, remayning; due uppon
the Acc^t to the deft.
To w^ch the plf sayth That if Cap^t Tilghman will pay him ready
Tob, hee will accept it, But is not content to take goods for his
Debt.

Capt Miles
Cooke v.
Mr Robert
Clearke