Provincial Court Proceedings, 1667.     177

    names answered euery man thereunto and likewise said they were Liber FF
    all agreed
      Theire Charge being allowed according to Act of Assembly They
    then deliuer in theire Verdict on the back side of the declaracon in
    these words following
      The Jury finde for the Defendt Non Assumpsit

    William Smyth plant Defendt according to the Order yesterday [p. 459]
    William Price defendt past puts in his plea, alleadging that he hath
    Morecroft p quer a receipt for Nine thowsand pounds of tob:
    out of twenty thowsand pounds which the Defendt acknowledgeth to
    be pd the plt: and wch was the whole that the defendt was to sattis-
    fye the plt as by Agreemt betweene them made, Whereupon the
    defendt acknowledgeth Judgmt to the plt for the remainder of the
    said twenty Thowsand pounds of tobaccoe Which is Eleauen Thow-
    sand due to the plt: p ditto Judgment
      Ordered the deft doe Continue in the sherriffs Custody till he sat-
    tisfye the same

    Reymond Staplefort Ordered that the Estate of John Bayley in
      petitioneth the Court the hands of Robert Brooke be secured by
    the sherriffe of Caluert County, That it be not paid away to Bayley
    and that Robt Brooke appeare next Court to defend his said Attachmt
    agt the said Estate, and that Reymond Staplefort haue a new At-
    tachmt agt any part of the said Bayleys Estate in any other persons
    hands

      The Gouernor by a letter to the Chancellor doth Certifye therein,
    That he doth Assigne Ouer to Capt Josias Fendall for the use of
    Samuell Cooper that Recognizance of fifteene thowsand pounds of
    tobaccoe to be paid and sattisfyed by wm Price who marryed the Relict
    of Hugh Lee and forfeited by the said Lee, since which it is to be
    sattisfyed by William Smyth who become security for the said wm
    Price
      The Gouernor hauing Obleiged himselfe therein to giue the said
    Wm Smyth a discharge for the same when by him sattisfyed as
    aforesaid

    William Smyth plaintiffe The plt sues the defendt in a plea of
    Henry Pennington defendt Tresspass upon the Case for foure hun-
    Morecroft p quer dred fourty nine pounds of tobacco &
    Caluert p defendant Caske—The defendt puts in his plea
                          (uizt)
      In Nulo est Culpabilis de transgressione praedicta and upon this
    wee put orselues upon Our Country Will: Caluert