300       Provincial Court Proceedings, 1668.

       Liber FF   Walter King his action against him Ought not to haue for he saith
              that the said Richard Stone at the time of his decease was not in-
              debted to the said Walter the Said Summe of eleaven thousand two
              hundred and fifty pounds of tobacco as is by the Said Walter alleageth
              and of this he is ready to averr and therefore craveth judgmt.
               Ordered that Comission issue to Thomas Notley and Benjamin
              Rozer authorizeing and impowering them to audite the accounts on
              both sides and make their report to the justices at the next pro-
              vinciall Court, and that the severall accounts be sealed up and sent
              to the said Auditors.

               John Warren and Edward Clarke being Ordered the last pro-
              vinciall Court that they bring in accompt of the estate of William
              Browne deceased and the Court to Stand to and abide the judgment
              of the Court therein the said Warren and Clarke haueing now pre-
              sented an accompt of their disbursmts which the Court not admitting
              legall therefore
               Ordered that they bring in a full and true inventory of the estate
              of the said deceased and that administration thereof be forthwith to
              them Committed.
              Thomas Heathcott agt    Morecroft p quer
              Walter Pake     Notley p deft
               The plaintiff Sued the deft the last provinciall Court for twelve
              hundred pounds of tobacco, being referred till this Court
               Walter Pake by Thomas Notley his Attorney Comes and defends
              the force and injury when &c and Saith that he cannot deny but that
              he did Owe the said Thomas Heathcott the said quantity of tobacco
              expressed in the plaintiffs declaration but that he hath long since
              paid the same since his promise made and of this he putts himselfe
              upon the Country and the Said Thomas likewise Therefore Comand
              is Given to the Sheriff &c.        Tho: Notley.
       [p. 5971 The names of the jurors impannelled and Suthoned to try the issue
              joyned betweene Thomas Heathcott plaintiff and Walter pake deft
               Thomas Paine       William Tettershall
               Thomas Taylor      Thomas Covant
               Wm Marloe     Francis Hill
               Edward Clarke Robert Hunby
               John Warren   James Veitch
               Richard BennittJames Martin
               The jury being Sworne in Open Court they went forth to Consider
              of their verdict, who returned and Gave their verdict as followeth
              vizt, Wee find for the deft.
              Wm Moffett the Attorny of    Morecroft p quer.
               Richard Allen plaintiff
              agt Thomas Bowdell deft Rozer p deft