390 Provincial Court Proceedings, 1660.

Liber
P; C. R.

Knowe yee therefore that the said Vmpire takeing upon him the
charge and burthen of the said Vmpiradge or award, and haueing
taken due and serious deliberation in considering the matters of
difference betweene the concearned parties before mentioned I doe
by these presents deeme Judge order and award in reference to the
premisses in manner and following that is to say, ffirst that M^rs
Elizabeth Oversee her Executors or Adm^rs or some of them shall well
and truely pay or cause to be paid vnto M^r Augustine Herman mar-
chant or to his certaine Attorney Executors or Administrators or
some of them fifteene thowsand pounds of good sound well con-
ditioned Tobacco and Caske (according to the lawe of the Countrey
in that Case provided) as also Six thowsand Pounds of good mar-
chantable neate Porke, Which payment both for tyme and places is
to be performed as is hereafter expressed, that is ten thowsand
pounds of the said Tobacco and Caske, and ffower thowsand pounds
of the said porke to be paid conveniently in Potomacke Riuer, Pa-
tuxent or both in twelue seuerall places at the most and by the last day
of January next ensuing at the furthest
Secondly the said Vmpire doth order deeme and award that the
other fiue thowsand Pounds of Tobacco, and two thowsand Pounds
of Porke for the makeing up of the aforesaid quantity of fifteene
thowsand Pounds of Tobacco and Caske and Six thowsand Pounds
of Porke shalbe well and truely paid by the said M^rs Elizabeth Over-
see her Executors Administrators or Assignes to him the said M^r
Augustine Herman his Executors Administrators or Assignes by the

p. 389

last day of Nouember in the .... Thirdly in case M^r Augustine
Herman make appeare that hee hath paid M^r Overzee his Bill of
Exchange of one hundred Gilders to Abraham Johnson then M^r
Overzee is awarded to pay M^r Augustine Herman seuen hundred
and Eighty Pounds of Tob and Caske in liewe thereof. It is also
deemed, ordered and decreed by the said Vmpire that the Anker and
Grapling be paid for according to the true vallue thereof, M^r Augus-
tine Herman makeing sufficient prooffe that M^r Oversee disposed of
them for his owne priuat use, Likewise that M^r Augustine be al-
lowed one hundred pounds of Tobacco for the Case of wine that hee
paid to M^r White for freight of M^r Oversee his Caske and other
goods in the barque Susannah,
ffowerthly It is ordered and awarded that M^r Augustine Herman
commence a Suite against M^rs Overzee, and that shee confesse Judg-
ment for twenty one thowsand pounds of Tobacco and Porke, and
that shee pay the Court Charge, likewise that shee acknowledge
Judgment for what M^r Augustine Herman can make appeare due in
reference to the Bill of Exchange Anker, Graplin, and Case of wine,
and that she pay the charge of Court for that also
Fiftly I award that if there be loss in the two bills one of Phillip
Lands the other of M^r Rosiers M^rs Overzee ought to beare it, and