440 Provincial Court Proceedings, 1660.

Liber
P. C. R.
p. 443

Hethcott .... should knowe that the said Hethcott did, and did
approue of itt, then comeing to a price for the tobacco; Nicholas
Keiting tould him he would take two for one, meaneing two pounds
of tobacco for one pound of tobacco as yo^r pet^r conceiues) where-
upon Argueing the matter on both sides Nicholas sayd if Hetchcott
did not Like the tobacco at the price aforesaid let him leaue with
him the tobacco or bring with him his Mayd Servant againe where-
upon the said Hethcott weighed and marked the said three hhds of
tobacco and the Examinatt tooke an accompt thereof
John Metcalfe
Sworne in open Courte.
The Deposicon of Elizabeth Greene wife to William Greene aged
34 yeares or thereabts:. Being duely Sworne and Examined Sayth
that Thomas Hethcott, being at her howse, she heard him demand
of Marks Pheypo whither his Brothere (whome she supposes he
meant) Nicholas Keitings tobacco was good tobacco or not, To
which Marks Pheypo answered it was good, And then she heard the
said Hethcott say that his Brother aforesaid dealte very hardly with
him for he made him pay two pounds a pound for itt; or words to
that Effect and then some in the howse sayd it was the Common
price, but whoe it was that sayd it she knowes not.

Herman v.
Colclough

To the hono^ble the Gouernor & Councell of Maryland

The humble peticon of Augustine Herman Sheweth That Symon
Overzee deceased did Enter with yo^r pet^r into a firme Coepartnership
and Cofhon fellowship of trade and traffique for three yeares Con-
tinuance vpon Condicon that all dammages Susteyned by casualtyes
and vnwillfull Error should be repay red but will full neglect and
fidellity should be payed w^th foure hund^d pounds sterl: forfeited.
Now whereas the said Overzee hath willfully discouered the p^emisses
by the said Common fellow ship intended yo^r humble pet^r Sues for
the s^d foure hund^d pounds Sterling forfeiture out of the Estate of
the said Symon Overzee aforesaid And that Reparacdn may be made
for all the damages as alsoe 12079^tt of tobacco and Caske proper
tobacco due vnto yo^r pet^r with the forbeareing thereof and aboute
5549^ll of tobacco and Caske, remaynder of the disbursed money vpon
the barque acco^t: And yo^r pet^r desires alsoe because the Couenant
is the deed Overzees will And all his Estate engaged Security that
yo^r pet^r may be possd of his Secu[rity] or the bond of M^r Henry
Meese and Collonell John Price ..... of not, that in the meane while

p. 444

.... and Secured vnto yo^r peticon^r vntill full Sattisfaccon is made
vnto yo^r pet^r or his order And yo^r humble pet^r shall praye &c.
The Compft Sueth as p peticon and the def^t alleageth that the Acc^ts
are not adjusted Whereupon the busines of Accompts was by the plt
and defd^ts owne mocon referred to the Arbitracon of Cap^t Samuell
Tilghman Cap^t Miles Cooke M^r John Bateman and M^r Henry Cour-