Provincial Court Proceedings, 1659. 369

seuerall p^eson warned 10^l Tob. And for euery seuerall Returne other
10^l Tob. And the Charge of attendance, & dyett of the Juro^rs, w^th
the Sheriffs dyett allso, ouer & aboue that ffee.

Liber
P. C. R.

The plf sheweth how th^t uppon seuerall accompts & Bills to his
ffather, & him, James Pearce Deceased, was indebted; & that there
remaines still to ballance 1760^l Tob.
And the deft being Adrhistrato^r to the s^d Pearce the plf craues
Judgm^t agst him for the s^d Debt. And the plf making Oath to his
s^d accompt.
It is Ordered th^t the deft pay unto the plf Seauenteene hund^d &
sixty pownds of Tob. & Cask, according to his demand.

Co»
Nathaniel
Vtye v.
James
Manfield
Admr of
James
Pearce

The plf not appearing eyther by himselfe or Attorney, The deft
Craues a Nonsuite, W^ch was graunted.

Peter Yeates
v. Sarah
Marsh

The deft being lawfully summoned by Writt of Scire facias &
not appearing eyther by himselfe or Attorney, It is Ordered th^t the
plf haue Exequuon for ffowre hund^d pownds of Tob, besides Costs
of suite, according to the s^d writt, & former Judgment.

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

John
Harrise p^r
Attor Henry
Coursey v.
John Pott
Vid. fol. 321

The humble Petⁿ of Richard Smith Humbly Sheweth That yo^r
poore Pet^r hath bene extreamely damnifyed by a uexatious suite
Commenced agst him in this hon^bte Court by Cap^t Will^m Battin, w^th
false imprisonm^t: being a close Prisoner during the space of Two &
fifty dayes. By w^ch meanes hee hath not only bene uniustly re-

Smith v.
Battin

strayned in his liberty but allso lost his whole winters imploym^t,
euen to the utter impouerishing yo^r poore Pet^r. And extreamely
charged in hyring passage & hands into Virginia to procure testi-
monies to cleare himselfe from th^t sad & most iniurious restraint, for
the space of one & twenty dayes, ffurther the s^d Cap^t Battin hath
stopped thereby his returne for England to his great preiudice & what
goods & seruants hee transported, are eyther undisposed of, or what
are putt of for pay, the Debts are yett unsatisfyed & unreceiued, By
w^ch meanes hee cannot hope to make any returne this yeare thereof.
And allso fowrty shillings for the procurem^t of Two seruants:
w^ch hee bownd by assignm^t to the s^d Cap^t Battin for the Consideraon
afores^d in England the latter end of August last & yett unsatisfyed.
May it therefore please this hon^ble Court, the premises into their
serious & most tender Consideraon to take, & bee pleased to graunt
him a Jury to consider of the whole dammages, costs, charges, &
expences thereby incurred together w^th the fowrty shillings, w^ch hee
engaged unto yo^r Pet^r to pay, as before exprest, as by acc^t may ap-

24

P. 368