322  Provincial Court Proceedings, 1664.





               Liber B B  was allowed—the deft by his Attorneys demands Security from the
                      plt: for Costs & damage in Case of being Cast in the Suite—the plt
                      alleadgeth that security is allready giuen to Sr Robert Carr Gouernor
                      of Delaware Bay of one hundred pounds sterling to prosecute the
                      suite in this prouince, the defendts say that Bond Obleigeth not to
                      sattis fye for Cost & Charge and further alleadging that there was noe
                      declaracon deliuer'd according to the Act of Assembly therefore de
                      sires a nonsuite which by the Board was granted wth Iudgmt for
                      theire charges as followeth,
                         Attcndancc and Comming downc 8 dayes          240lb
                         Nonsuite according to Act of Assembly    150
                         Attorney ffee                      6o
                                                           450

                       The defts now desires the Board that they would please to deliuer
                       up Mr Bedloes bond it being now uoid and they would now if the
                       plt please Joyne issue forthwith which by both parties is agreed, the
                       bond to be detain'd untill the defendts put in other security—
                       Therefore Ordered that Isaack Bedloe giue sufficient security that
                      in Case he be Cast he shall within six months produce the said ffrygott
                       here in Maryland and pay all Costs & damages, And that Henry Hud
                       son shall put in security to pay all Costs and damages ensueing uppon
                       the suite after this day in Case he be cast—
                       Whereuppon both partyes wthdrew to pass bonds wth securityes to
                      each other, in performance of the abouesaid Order—The Plaintiffe and
                Attorney wth the defts returnes againe into Court they not agreeing
                what sume they must passe bond for, therefore the defts desires to
                know the worth of the said ffrygott, and accordingly they shall enter
                into Bond wth security—
                [p. 396] Whereupon the Court Ordered Mr Wm Hollingworth and Mr
                      Obony to deliuer in the best of theire Judgmts upon Oath herein wth
                      Calculacon of New England Come where she was builte and the dath
                      ages for her being 9 months out of the plts handes, which by them was
                      deliuered into the boarde to be worth three Hundred pounds sterlinge
                       Whereuppon Concluded the defts giue bond for three hundred
                      pounds sterling, and the plaintiffe for tenn thowsand pounds of to
                      baccoe which accordingly was performed according to the intent of
                      the foregoeing Ordr in fo: 395 and Ordered the deft haue now his
                      Bond giuen up formerly taken of 500lb sterlinge
                       The plt: now put's in his declaracon as followeth
                       The humble petn of Henry Hudson Sheweth
                       That yor petr had a suite depending before the Gouernor & Coun
                      cell of New Yorke Concerning a ffrygott that is unjustly detain'd
                      from yor petr by one William Caruer of Virgenia which Suite was