Volume 57, Page 35 View pdf image (33K) |
Provincial Court Proceedings, 1666. 35 menconed betweene them, neither cann he say any thinge to the Liber FF Counter bond interminis though agreed upon to signe & seale the Indentures by both partyes and further saith not sworne in open Court Daniel Jenifer Samuell Dobson sworne in open Court saith that hee Knowes nothing in the Bussiness being not at the making of the Bargaine but he heard Capt Boreman was to giue 4000 lb tob: for the plantacon for this yeares rent, and that Boreman had reed the proffitts of the plantacon and he had Order from mr Gerrard to deliuer a Cow & a Calfe to Capt Boreman upon this Bargaine, And further saith not James Bowling sworne in open Court saith, That he was not att the making of the Bargaine but some of Capt Boremans seruants liued uppon West Wood Mannor and was by when the Ground was markt, and they desired him to pace the land he did not see possession deliuered nor heard of any exceptions on either side, And further saith not The plt: alleadgeth that the deft did receiue the proffitts of the land and accepted the same The deft dcnyes not but that he had possion and did receiue the proffitts for which he past his bill for that yeares rent but noc more Bills for any more yeares Alleadging allsoe that the first yeare is not [p. 245] yet expired & therefore presumes noc dammage cann be susteyn'd by the plt: noc other Bargainc being made for longer time, yet hee hath sattisfyed the tobaccoes and hath his bill deliuerd in and Can- cell'd, the which the deft produceth and was read as followeth (uizt) This Bill bindeth me Capt William Boarman of St Marys County in the prouince of Maryland, my heires Executors and Administrators to pay or Cause to be paid unto Thomas Gerrard of the County of westmoreland in the Collony of Vergenia Esçp: his heires Executors Administrators or Assignes, the full & Just quantity of flue thowsand pounds of sound Merchantable Maryland leafe tobaccoe and Caske in some Conuenient place in St Marys County, on the of Decem- ber next ensucing the date hereof, being in full for One yeares rent of a Tract of land on westwood Mannor as appeares by Indentures bearing date the 25th decembr 1664 Tn wittnes to which I haue here- unto sett my hand this 22th day of August 1665 Signed sealed & deliuered Benja Rozer doth further declare In the prsence of Us that this bill was One of the seauen Benja Rozer Bills which was to be signed by Willm Williams the deft but at that time refus'd to doe it untill hee had security, (to witt) before he would signe 7 the other 6 bills |
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Volume 57, Page 35 View pdf image (33K) |
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