380       Provincial Court Proceedings, 1668.

        Liber FF John Halfhead Complt      Morecroft p quer
              Joseph Edloe defendt    Caluert p defendt
               The Complt Exhibites his Bill in Chancery against The defendant
               Time giuen the defendt to put in his Answer unto the Complts
              bill of Complaint untill the seauenth day of January next
              Oliuer Holloway Complt       Morecroft p quer
              John Homewood defendtf Nottley p defendt
               The Complt exhibites his Bill of Complt in Chancery against the
              defendt, who refusing to put in his answere upon Oath, It is there-
              fore Ordered that an Attachment of Contempt doe issue out agst
              the defendt

             The Court adjourn'd till tomorr morning

        The Justices all prsent as yesterday this being the 15th day of

                           Decembr 1668

               Benjamin Rozer one of the Attornys petitioneth the Court That
              whereas Walter Pake who now stands indicted as a Criminall for
              murder did long before the Committing of the said fact make ouer
              unto him all his Estate for security of a Considerable debt due to
              the peV as by a deed undr the said Pakes hand and seale may appeare
               Wherefore hee humbly prayes the benifitt thereof as farr as shall
              sattisfy his said debt before hee bee Conuicted of his fact which
              said deed was proued to be the Act and deed of the said Walter Pake
              by the Oath of Mr Thomas Nottley, but the petr not prouing that hee
              had deiiuery made to him of the said Pakes Estate, the Court would
              not giue Judgmt thereon
[p. 682]              Oliuer Hollaway Complt      Morecroft p quer
              John Homewood defendt        Nottley p deft
               The defendt hauing taken it into better Consideracon doth now
              put in his Answer to the Complts Bill of Complaint and did Sett
              forth the same upon Oath upon the holy Euangelist in Open Court
               Time giuen the Complt to put in his replicacon till the first day
              of the next Prouinciall Court
              Reymond Staple fort plt Morecro ft p quer
              John Auery defendt Jenifer p deft
               Ordered this Court that the defendt not appearing the sherriff
              was amerced fourty shillings
               The defendt now appearing the plaintiff desires a reference alleadg-
              ing that upon the last ordt his Euidences departing home Wch by the
              Court is Granted
               Further Ordered that if the defendt doe by himself e or his At-
              torney appeare att the next Prouinciall Court, that the first Order
              then to be reuerst agt the sherriff till when it is to remaine in full force