Provincial Court Proceedings, 1663.



       5

       conteyned to the Contrary notwthstanding. Neuerthelesse for that Liber B B
       it is the expectaon & Reall Intent & true meaning of all the sayd
       parties to these prsents That the sayd John Nutthall shall send &
       aduenture goods & commodities from Virginia & Maryland both
       or one of them by Sea to London therewth to rayse and pay the sayd
       Twelue hundred pownds in manner & forme aforesayd, Hereuppon
       It is now expresly declared prouided & fully agreed uppon by and
       betweene all the sayd parties to these prsents for themselues their [p. 5]
       heyres Executors Admistrators and Assignes That if the sayd John
       Nutthall his heyres Executors Admistrators & Assignes shall really
       & bona fide yearely Lade or shipp sufficient goods & merchandizes
       for London, wherewth to pay the sd yearely payment of Three hun
       dred pownds from time to time And that by any Reall Casualty att
       Sea or otherwise the sayd goods shall bee lost, taken by Enimies
       or Pyrates, cast away or miscarry, wth god forbid And tht good &
       due proof e shall bee made thereof in London That then & in such
       Case or Cases noe forfeiture shall happen by such delay of payment
       soe occasioned, Soe allwayes that all the sume of Twelue hundred
       pownds and Interest att six pr cent pr Annü for what shall bee for
       borne longer then the tyme of payment bee fully payd before the
       end of flue yeares to bee accounted from the day of the date of these
       prsents All Casualities & excuses whatsoeuer then layd asyde Any
       thing aforesd to the contrary notwithstanding And the sayd John
       Nutthall for himselfe his heyres Executors Admistrators & Assignes
       doth Couenant promise graunt & agree to & wth the sayd Thomas
       Cornewalleys his heyres Executors Admistrators & Assignes & euery
       of them by these prsents That the sd John Nutthall his heyres Execu
       tors Admistrators or Assignes shall & will well and truly pay or cause
       to bee payd unto the sayd Thomas Cornewalleys his heyres Execu
       tors Admistrators or Assignes all the sd somme, of Twelue hundred
       pownds for & in full satisfaction of the sayd purchase by Three hun
       dred pownds yearely as aforesd or att the furthest wthin ffiue yeares
       next after the date hereof according to the tenor true intent & plaine
       meaning of these prsents, And for that the sayd John Nutthall in
       tendeth to pay the ffirst Three hundred pownds out of his owne
       proper present Estate, And the Remainder is by him his heyres or
       Assignes to bee raysed out of the mannors Lands Goods & premises
       aforementioned, Now It is declared and agreed uppon That after
       such payment made of the sayd first Three hundred pownds, It shall
       lawfull for the sd John Nutthall to sell parcell of the premises, as
       hee shall see good to rayse monies for payment of all or any part
       of the Remayning Nine hundred pownds, Prouided hee imploy the
       money soe raysed for such payment, and for noe other use, Which
       Sales the sd Thomas Cornewalleys & Penelope his wife doe by these
       presents ratify & confirme, & are to stand & Remaine in full force
       & effect. And Lastly it is prouided & agreed by and betweene the