460  Provincial Court Proceedings, 1665.





                Liber F F To the Gouernor and Councell
                       The humble petn of Tho: Gerrard agst Marmaduke Snow humbly
                      sheweth
                       That whereas Marmaduke Snow is and standeth endebted unto
                      yot petr in the sume of flue thowsand & thirety ffowre pounds of
                      tobacco and Caske as by seuerall bills and other merchandizes
                      Comodities & accompts, he can and is ready to make appeare, not
                      withstanding the aforesaid Marmaduke the aforesd sume 5034lb
                      tobb alithough often requested thereto, unto yor sd petitionr hath not
                      paid nor sattisfyed, but the same to pay hath heitherto Contradicted
                      and as yet doth Contradict to his Damage of tenn thowsand pounds
                      of tobacco & Caske and thereuppon he produceth his suite
                       May it therefore please yor Honnors to grant y0r petr Order for
                      the sd tobacco and Caske wth his damage and Costs and he shall
                  [p. 42] John Six dds writt agst Richard Smyth in an accon Vppon his
                July 12th Case to the uallue of 10000lb tobacco
                       Warrt to sherriffe Caluert County to arrest &c. Ret. first August
                  next Prouinall Court—
                  ditto John Six dds summons for Tho: Sprigg Stephen Hobbs Joseph
                      Edley and Hugh Sherwood to testifye in ditto Causo next Prouinall
                      Court uppon perill of forfeiting flue hundred pounds of tobacco
                      each prson
                       Warrt to sherriffe of Caluert County to warne &c
                  ditto John Six &ts summons for Barnaby Edley to testifye in ditto
                      Causo next Prouinall Court uppon perill of forfeiting 500lb tob:
                      in Case hee appeare not—
                      To the Honble the Gouernor and Councell
                       The humble petn of Jno Six Declareth
                       That yor petr did owe a Certaine sume of tobacco to Richard
                      Smyth for the which the said Six did prouide; Smyth obtained an
                this petn Order of Court in Caluert County whereuppon yor petr had pro
               uoid another uided Tobacco ready in Conuenient time and place and by Mr Smyths
                    46   Ordr did marke 2 hoggsheads of tobacco R: S: as the said
                      Smyth did Order the said John Six: afterwards gaue him notice
                      seuerall times there was 2 hhgds of tob: ready for Mr Smyth or his
                      Order, but now it is soe, that the said Smyth did neither send nor
                      Come for his tobaccoe but after some time took out an Execucon
                      and gaue Order to the sherriffe to serue it uppon the Body of yor
                      petr the next day after it was serued the sherriffe Mr Sprigg did
                      send a letter to W Smyth if he would receiue the two Hoggsheads or
                      Impower Mr Sprigg and what yor petrs debt was more Mr Sprigg
                      would pay it for yor petr; by this meanes in soe much and soe long
                      a time that your petr suffers much wrong and is like to suffer greate
                      damages to his utter ruine by the losse of his time disparagmt and