508



                      Provincial Court Proceedings, 1665.

              Liber F F  Smyths mark & soe lett them Lye, hogsheads Sicks owed him the
                    sd Smyth, & promised to him, & tht It was good Tob made & tendred

                    by him this Depont & his Brother Joseph.
                      Joseph Edlow sweares the same uerbatim, made by him & his
                    Brother.
                      Hugh Sherwood sworne sayth, That Those Two hogsheads were
                    marked according to Mr Smyths order & appoyntmt, That hee saw
                    one of those hogsheads weighed & tht the weight amounted to ffiue
                    hundd & odde pownds grosse.
                      Mr Thomas Sprigge sworne sayth, That hee did serue an Exe
                    cüon on the Body of John Six, for a Debt due to Mr Rich: Smyth,
                    That Six after bee was this Deponts prisoner toald him bee had 2
                    hogsheads of Tob. ready for him & soe far preuayled wth this Depont
                    as to pay Mr Smyth the remainder of the Execuon, Wch I promised
                    him to doe, & to tht end wrote to Mr Smyth concerning those 2 hogs-
                    heads Six tould mee were ready, & tht I would pay him the Smyth
                    the remainder afterwards. The uery same day tht Mr Smyth receaued
                    my noate to tht purpose I saw him my seife, & Mr Smyth certifyed
                    mee tht hee had receiued tht noate by Stephen Hobbs, M' Smyth tell
                   ing mee then bee would haue it alltogether, But afterwards told mee,
                    Hee was content to forbeare soe bee might bee sure of it all the next
                    yeare. Afterwards Six asked mee, what hee should doe wth those 2
                    hogsheads? being Mr Smyth would not receaue them. To web I gaue
                    him noe Councell. Then Six fearing they might Lye uppon his hands
                    desyred mee to dispose of them: But those tht I ordered to looke &
                    ueiw them did not like them, & further sayth not/
                      Stephen Hobbs sworne sayth, That hee deliuered That noate of
                    Mr Spriggs into Mr Smyths owne hands wch was writt to him in the
                    plfs behalfe, That Mr Groome receiued one hogshead in part of tht
                    exeqüuon, weighing ffowre hundd & ffowre pownds neate, wch bee
                    this Depont payd him.
                      One hh recd & 2 hh. Tendred Putt to the Vote whither a good Ten
                    der yea or floe.
                       Chancelot good Tender
                       Gouernor idem
                       All the rest of the Board Contra
                      The plf nonsuited.
                      John Ellis, Elizabeth Bennet, & Thomas Courtney Cleared by
                    Pnoclamãon.

                      The Court adionned till afternoone.
                       Munday afternoone 16th Octobr 1665. All prsent as afore

                      The Leiut Grãll informes the Court att the request of John Nicholds
                    That there is Lying in his Tob. howse att West St Maries some hogs-