370 Provincial Court Proceedings, 1659.

Liber
P. C. R.

peare. And Order Cap^t Battin to make him satisfaction, according
to Equity & Conscience, & his shall eu^r pray &c :
Whereas Richard Smith plf hath petitioned this Court Shewing
that hee hath bene extreamely damnifyed by Cap^t Will^m Battin cleft,
w^th false imprisonm^l, being kept close Prisoner 52 dayes (as is more
att large conteyned in his s^d Petⁿ) And further demands fowrty
shillings as a Debt due to him from the s^d Battin. And thereuppon
craues that a Jury be impanelled, to consider of his dammages.
The deft desyres to be tryed by the Board in Equity, & not by a
Jury. And euidenceth to the Board, That the plf tooke out of the
defts Cellar in Bristoll, a ffeatherbed, pillow, 2 blanketts, a Rugge, &
a payre of Red drawers, & still retaines the same, & therefore com-
menced suite & tooke out writt agst him.
The plf sayth That hee hath the Bed & blanketts, & th^t hee is in-
debted for them to the deft, & offers to make paym^t therefore.
Anne Rawser sworne in open Court in ditt, Sayth That shee was
bownd in England to Richard Smith, & the s^d Smith assigned her
Indenture ouer to M^r Battin; whereuppon shee knew not well who
was her Master, And as to the Bed, Shee sayth, That Richard Smith
had the same
Vppon the Euidence produced, & acknowledgm^t of the plf, The
Judgm^l of the Board is (noe false Imprisonm^t)
And thereuppon the deft craues a Nonsuite agst the plf, W^ch was
graunted by the Board.

Re Fox's
Estate

Whereas att a County Court held att New Towne for the County
of S^t Maries, on the 14^th day of ffebruary last past, The Commis^rs
then present fownd Cause to Order Walter Hall to exhibite his
Accompt of the Estate of the Orphan of Henry ffox late of New
Towne in the County afores^d Plant^r Deceased to this Prouinciall
Court according to the Act of Assembly in that Case prouided, under

p. 369

the paine, or penalty of Tenne Thowsand pownds of Tob & Cask, as
by the Order afores^d may appeare.
The s^d Walter Hall appearing att this Court, And hauing neuer
yett taken out letters of Admistraon.
It is therefore Ordered that the s^d Walter Hall take out Ires of
Admistraon of the Estate of Henry ffox afores^d deceased & giue in
security according to forme of Law, And an Accompt betweene this
& the next Prouinciall Court.
The Court adiorned by the Gouerno^r till to morrow 11 a Clock