Provincial Court Proceedings, 1663-64. 119






      intents & purposes of the Law for the Recouery of my due rights, as Liber B B
      if I my selfe were prsonally prsent. In wittnes whereof I haue here
      unto sett my hand. Dated in Virginia the 22th of January 1661
       Test, Robert Goodyears           John Saffin
          Henry Bentley.
      John Saffin pr AttorThe plf humbly declares before
       nat. Thomas Dentthis honble Court, That Mr Willm
      Margery Battin pr At-    Battin late deceased did in his life
        tornat C. Jos: ffendall     time become bownd unto the plf in
      a bond of one hundd & fifty pownds sterl. money for the paymt of
      Seauen thowsd pownds of Tob. in cask, according to Condicon an
      nexed to the sd Bond Bearing date 16th of Septembr 1657 as may
      appeare.
        The prmises considered by this honble Court the plf humbly craues
      order agst the Estate of the sd Battin wth forbearance & Costs of
      suite, And hee shall as in duty bownd pray &c:
        The Petr producing the defts Bond as abouesd for the paymt of
      7000t Tob, on the Back side of web the plf under his hand hath gyuen,
      or made a Receipt for Two Thowsd fine hundd & Eighty pownds of
      Tob. in Cask, Whereuppon The deft doth acknowledge Judgmt for
      ffowre Thowsd ffowre hundd & Twenty pownds of Tob in Cask unto
      the plf It being the Remainder of the Tob due uppon tht Bond.

      To the honble the Gouernor & Councell for the Prouince of Maryland
        The humble Petn of Margery Battin, Adthistiix to her late De
      ceased husband Capt Wm Battin, Sheweth
        That Bartholomew Gatherell standeth indebted to the sd Capt
      Willm Battin by Bill 3 146t Tob. & cask, & by account 370t Tob. for
      wch yor Pet” humbly craueth yor honrs to graunt her order wth Costs
      & charge of suite, & shee as in duty bownd shall pray &c:
      Margery Battin pr Attor- If The Ptf sues as in her Pet”. The [p. 163]
        nat. Capt Josias ffendall deft not appearing in Court & the
      Bartholomew Gatherell deft plf by her Attorney making excep
      tions agst the sufficiency of the Bayle taken by the sheriffe. Ordered
      tht the sheriffe pay unto the plf 3146t Tob, & tht the sheriffe bee left
      for his remedy agst the Bayle. And in the uery interim the sd
      Gatherell appearing in Court, & the sheriffe tendring him to the Board,
      the sheriffe is releiued & remitted. And sd Bartholomew Gatherell
      deft, acknowledgeth Judgmt in open Court for the sd Debt unto the
      plf, being Three Thowsd one hundd ffowrty six pownds Tob. & cask.

        This Indenture made the second day of ffebruary in the yeare
      one Thowsd six hundd sixty & Three betweene Luke Barbier of
      Mitcham Hall &c: of the one partie, & Capt Richard Banks & Mr