Provincial Court Proceedings, 1661. 559

haue had a greate pte of the debt abated, if they would haue payd
the Remaynder (as M^r Langworth confessed in the Governors
p^rsence) when they had tobaccoes enough in their hands; and much
more then would haue sattisfyed the def^ts bond which vnder favor
he maketh bold to Instance that he conceiveth they ought to haue
payd before any single bill or other debt and that they might haue
the less p^rsence for doing the Orphant this wrong I proffered to take
& keepe him [as] I kept my owne children without any charge to
the Estate
But before he proceedeth to answere yo^r Comand he humbly crau-
eth that there may be noc acccpcons nor advantages in lawe taken
against him which granted he will w^th Gods Assistance make a true
answere to each particuler as the Complt requireth as fully as he is
abell
To his first Complaynt I answere upon my oathe That the bargaine
Betweene John Greenwell and I touching the land in question was
conditionall thus that for Eight thousand pounds of tobacco and
caske to be payd att three severall payments, as they are menconed
in a Bond, the aforesaid Land should be his, And if he fayled of
any of the three paym^ts the Inheritance was to remayne to the vse
of me and my heires, And to the end wee might make this our
bargaine the more cleare in case of mortallity wee according to the
best of our Judgem^ts performed itt in this manner, as wee then
thought might be to the benefitt of each party, First I delivered John
Greenwell the deeds of the land with posson, afterwards John Green-
well redeliu^red me posson with a deed (that I haue to showe) To the
vse of me and my heires the posson was performed in this manner
in the p^rsence of M^r Walter Hall, W^m Thompson M^rs Grinwell, and
W^m Wennam, John Grinwell went forth of the howse and all the
rest of the company with him to give me lawfull posson; and I lockt
the doore to take .... depose that afterwards I heare .... a
Condicon for one thousand pounds of tobacco & caske w^ch John

Liber
P. C. R.
p. 1070

Greenwell owed me for the hyre of a servant which Condicon M^r
Langworth desired should be cancelld and discounted vpon the
Tobacco in my hands received by me before John Greenwells death
wherevnto I condescended, and itt was then p^rsently cancelld One hhd
more was due vnto me from John Greenwell for hoggs which M^r
Langworth payd to M^r Gardner on my Accompt not long before
his death as M^r Gardner informed me further I affirme that I did
showe vnto Coronall Evan's and M^r Langworth a true and just Acc^o
of all tobaccoes received by me from John Greenwell in Coll Euans
his howse when they were both together .... they might haue
knowne if they pleased what was due vpon the Condicon of land,
and I doe affirme upon my oathe th^t I haue never to my knowledge
concealed the vallue of one pound of tobacco to wrong John Green-
well or his children

p. 1071