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              Provincial Court Proceedings, 1666.     33

    required would signe sea!e & deliuer the said seauen seuerall bills Liber FF
    for the said Fine thowsand pounds of tobacco and Caske yearely
    rent payable to the said Thomas Gerrard in manner & forme a fore-
    said and allsoe to signe seale and deliuer to the said Thomas Gerrard
    a Counterpart of a lease to be made by the said Gerrard to him the
    sd Boreman conteyning all and euery the said Couenants and Reserua-
    eons as is abouesaid when thereunto Required, Into which tract of [p.241]
    land the sd Boreman hath Entred & taken the proffitts thereof notwith-
    standing wch the said Boreman his promise not regarding but intend-
    ing deceitfully to defraud the said Gerrard the said Counterpart of
    the said lease and the said seauen seuerall bills for the said seauen
    seuenall respectiue yeares rent of Fine thowsand pounds of tobaccoe
    & Caske hath refused to signe seale & deliuer Contrary to his promise
    & doth still refuse, to the damage of the said Thomas Gerrard Twenty
    Thowsand pounds of tobaccoe & Caske whereupon he bringeth his
    suite, And prayeth Ordr agst the said Boreman either to per forme
    his said promise or to sattis f ye his damage by breach of the sd promise
    susteyned

    Thomas Gerrard plt The de ft alleadgeth (by his Attorney Wil-
    William Boreman deft liam Caluert Esq that the declaracon (aboue
    written) was to him deliuered wth seuerall blancks therein, for the
    dates of some dayes, therefore pleads an uncertainty therein
      put to the uote wether sufficient to pass or not (Voted Good)
    it not touching the materiall part
      The deft desires a reference till next Court not being prouided
    wth an answere looking upon the uncertainty of the said declaracon
    Which by the Board would not be allowed that being not cause
    enough shewne for it. The deft then puts in his answere (uizt)
    That he did not assume in manner & forme as in the declaracon is
    alleadg'd
      The plt: produc'd his wittnesses for proue (uizt)

      Robt Slye aged 38 yeares or thereabouts saith that sometime in
    July last being in Company wth Thomas Gerrard Esq and Capt
    william Boreman did heare the said partyes make a firme and possi-
    tiue agreement for Westwood Mannot house the Orchard and part
    of the land to the said mannot belonging together wth all Edifices [p. 2421
    buildings pastures proffitts priuiledges wtsoeuer to the Mannot belong-
    ing, as allsoe for all such Cattle & Swine as were att that time belong-
    ing to the said Thomas Gerrard upon the said Mannot, and att the
    same time Capt Boreman was put by the said Gerrard in quiet &
    peceable possession of the said land that he had hired upon tht Man-
    nor the which tract wth all other the bargained prmisses, hee was to
    haue and to hold to himself e his heires Executors Administrators and
    Assignes from the 25th day of Decembt 1664 untill the full end of
    seauen yeares thence next Ensueing during wth terme Capt Boreman