106      Provincial Court Proceedings, 1663-64.

               Liber B B To the honble Gouerno” & Councell.
                      The humble Pet” of Abraham Harman Sheweth
                      That uppon the 27th day of Nouemb” last, William Smith indented
                     wth yor Pet” to saw plank one whole yeare only for the use of the sd
                     Smith, yor Pet” not to dispose of any of plank soe sawed wthin the
                     time aforesd uppon forfeiture of Ten Thowsd pownds of Tob, The
                     sd Smith obliged thereby to allow for Euery foote of plank one
                     pownd of Tob. in Cask, moreouer to sell yo” Pet” such Tooles as
                     were necessary for his imploymt, & uppon refusall thereof to for
                     feite the like sume of Ten Thowsd pownds of Tob.
                      Now soe it is yor Petr on the 28th day of January 1663 came to the
                     Lodging of the sd Smith, & demanded such Tooles as were Requisite
                     & needfull for p”sent occasion in yo” Pet”' imploymt (Vizt) a Crosse
                     cutt saw, wrest, narrow Axes, & one broad Axe; who replyed yor
                     Pet” should pay for them if hee would haue them. Yo” Pet”5 answere
                     was hee would: & againe demaneded them of him, who then was
                     positiue, hee should not haue the worth of a hayre of any Tooles
                     belonging to his imploymeut, as can bee proued by Three sufficient
                     wittnesses.
                      Wherefore yo” Pet” craues order of this honble Court for speedy
                     satisfaction from the sd Willm Smith hauing forfeyted the Penalty in
                     the Articles of agreemt to the greate dammage of yo” Pet” wth Costs
                     of suite And hee shall pray &c:
                      Edward ffuller aged 27 yeares or thereabouts sworne on the 29th
                     day of January 1663 Sayth, That whereas there was a Contract made
                     & concluded uppon betweene Abraham of the one part & Willm Smith
                     of the other part in wch Contract was specifyed tht sl Smith was
                     to furnish the sd Abraham wth such Tooles or instruments as the sd
                [p. 148] Harmans profession a Sawyer should requyre for the space of one
                     whole yeare, uppon forfeiture of Ten Thowsd pownds of Tob & cask.
                     The Abraham Harman hauing occasion for such Tooles necessary
                     for his imploymt demanded of the sd Willm Smith on the 29th day
                     of January 1663, a Crosse cutt saw, a wrest to sett a Saw wtball,
                     narrow Axes & a broad Axe to hewe the Timber wthall in the p”nce
                     of this Depont who sayth, That the sd Smith replyed tht if hee would
                     pay for them he should haue them, Who sayd hee would. Then it
                     was againe demanded by the sd Harman for the abouesd Tooles from
                     the sd Smith, who answered hee should not haue the worth of one
                     hayre of Tooles from him. Vppon wch the sd Harman called this
                     Depont as a wittnes, & further this Depont sayth nott.
                                             The mrk of E Edw: ffuller