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               Provincial Court Proceedings, 1665.     433

     one mile from the water side the said Couant did refuse to fetch Liber F F
       them whereupon yor petr gaue him 4 hhds out of his owne house
       which made up the said sume of 40 hhds which he was engaged to
       ship on board as aforesaid but the said Couant hauing an intent to
       defraud yor petr of the said 4 hhds of tobacco after they were shipt
       on board his shipe seazed unjustly upon the said 4 hhds of tobacco
       and scratches out the markes of them and marks and numbers them
       as he thought fltt, in prtence of stoppadge of a debt that was due to
       him from the said ffoxhall though nener demanded, which yor petr
       is ready to make appeare by sufficient wittnes—
       Theref ore yor petr humbly prayes Ordt of this Honble Court agst
     the said Couant for such his unjust proceedings as the Act in that
     Case prouided doth direct And he shall pray &c
       Know all men by these prsents that I Abraham ffoxall of Burning- [p. 5]
     ham in the County of warwick am bound and firmly obleiged vnto
     Thomas Yate of the Citty of Bristoll mercht the full weight of Eight
     thowsand Eight hundred pounds of good merchantable tobaccoe to
     be paid to the said Thomas Yate his Executors or Admrs to the which
     paymt well & truely to be made I binde my selfe my heires Executors
     and Admrs firmly by these prsents sealed with my seale and dated the
     24th day of September in the yeare of Our Lord God One thowsand
     six hundred sixty and fower—
     The Condicon of this Obligacon is such that if the aboue bound
     Abraham ffoxall his Executors or Assignes doe and shall wthin the
     space of forty dayes next after his arriuall in Vergenia well and
     truely pay or Cause to be paid unto the aboue named Thomas Yate
     his Executors or Assignes the full weight of fower thowsand eight
     hundred pounds of good sound merchantable Virgenia in Caske, that
     then this Obligacon to be uoid or else to stand in full force and Vertue
Sigitt and deliued in           Abraham ffoxall Seale
        the prsence of—
          Tho: Webb
          Richard Pill

       Thomas Paine desires the marke of his Cattle may be recorded Apr 19tth
     which is as followeth (uizt) Cropt and slitt on both eares And vnder
     keel'd on the Rigt Eare.

       John Wright dds writt agst CaV Thomas Smyth in an accon of
     Assault and Battery to the uallue of One hundred thowsand pounds
     of tobaccoe
       Warrt to sherriffe of St Marys County to arrest &c. Ret 13th June
     next Prouinall Court
       The said Wright dds summons for Wm Caluert Esq and Stephen
     Tully to testifye in ditto Causo—
       Summons to sherr of St Marys and Kent County to warne





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