500        Chancery Court Proceedings, 1677.

       Liber P C   what was Sold he knows not And the Def.t having bargained and
              agreed for the Said four hundred acres of Land as aforesaid &
              paid pant as aforesaid and there being about Two Thousand pounds
              of Tobacco unpayd of the Purchase and the Said Nicholas being
              Returned againe and the Province Reduced to his Londps obedience
          p. 114   and the Defend.t having had noe assureance from Hawley in his
              life tyme for the said four hundred acres of Land and the land
              being as the said Manij told him as aforesaid setled as aforesaid the
              Defend.t Conceived the said Nicholas could not make the Def.t a good
              title to the Said four hundred Acres of Land And therefore urged
              the Said Nicholas Severall tymes to Repay the said Three Thousand
              pounds of Tobacco but the Said Nicholas assured this Defend.t that
              he had a good title to the said land and could Lawfully Convey the
              Same to him and make him a good title of Inheritance Thereupon
              this Defend.t being Ignorant in the Lawe applyed himseife to the
              Honn.ble Phillip Calvert Escq then Secretarij of this Province and
              to severall other Eminent and learned persons for advice in the
              premisses who all assured the Defend.t that the said Guythers Right
              was good to the Said Land but the Secretanij advised him that
              unlesse his Lordps Rent were paid the said Land would be forfeited
              & the Said Guyther Solicited the Def.t to pay the Said Two Thou-
              sand pounds of Tobacco remainder of the purchase moneij to enable
              him to paij the Rent aforesaid w.ch the Def.t refuseing untill an
              assembly Satt the Defend.t thinking that would be the best way to
              secure his Land to have itt made over in a generall Assembly and
              thereupon the said Nicholas att a Generall assembly held for this
              Province by indenture duely Executed in the Lower house of as-
              sembly and attested by William Evans & Luke Gardner members
              of the Said house and W.m Britton Clarke of the said house the
              Sixth day of Aprill Anno Domi one thousand six hundred Sixty &
              one between the said Nich.° Guyther and the Defend.t w.ch wittnessed
              that the Said Nicholas in Consideration of five Thousand pounds
              of Tobacco had sold aliened and Bargained the said four hundred
              Acres of Land w.th the Appurtenances to the said Defts & his
              heyres for ever under the Rent of one Bushell of Indian Corne and
              other rents and Covenants in the same Indenture Contayned And
              further the Said Nicholas did in the Same indenture declare that
              whereas he was Lawfully possessed of the Estate that did formerly
              belong to Will.m Hawley deceased as by a Lawfull order of the
              Provinciall Court bearing date the four and twentieth day of March
              one Thousand Six hundred fifty and two might appeare had sold
              the said Land to provide a Sufficiency wherewithall to pay what
          p. 115   arrearages of Rent were behind that the whole might not be for-
              feited for non payment of his Lordpps Rents and therefore the said
              Nicholas did bind himselfe and his heyres to make the Said Sale
              good as by the Said Indenture might appeare by vertue whereof the