Provincial Court Proceedings, 1668—69.   421

    and william Barrett of Londn merchant for a greater sume, where- LiberFF
    fore this is held a thing but Collusiuely done to defraud the said
    Barrett, and is therefore by the Court throwne out & not heard

William Barrett plaintiffe Morecroft p quer:
    Humphery Warren defendant Nottley defendt
      The plt sues the defendt upon a Bond in a plea that hee render
    unto him One Thowsand flue hundred Sixty two pounds wch hee
    oweth to him and unjustly deteineth &c: The Condicon of which
    Bond is for the deft to per forme seuerall Articles and Agreemts speci-
    fyed in one paire of Indentures of Bargaine and sayle bearing date
     the said Bond and made betweene the plt of the one party and
    the said warren of the other party Which said Bond being read and [p. 765]
    heard The sd Humphery saith that the aforesaid William Ought not
    to haue his accon aforesaid agst him, because hee saith that the afore-
    said William att the time of the making the said Obligacon in
    the Citty of London in the Kingdome of England in the time of
    the great pestilence or Visitacon in the said Citty did him bee said
    Humphery Threaten to Cast into Prison and did likewise impose
    upon the said Humphery such and soe great threats of his life, and
    of maime of his members to be brought upon him, unless the said
    Humphery would make and Seale the aforesaid Obligacon att Lon-
    don aforesaid in the time of the pestilence aforesaid, That hee the
    said Humphery for feare of the imprisonmt and those threats a fore-
    said, the aforesaid Obligacon to the said William did then and
    there make, And this hee is ready to auerr whereupon bee demands
    Judgmt whether the sd willm Ought to haue his accon agst him &c:
                                     Nottley p defendt

      The defendt Craues an imparleance to next Court by reason Capt
    Thomas Smyth theire Materiall wittnes is in Virginia, not hauing
    time to bring hime to Court since the Arrest
      The Major Vote of the Board is for an imparleance which was
    granted untill next Court

    Richard Attkins plaintiffe Jenifer p quer:
    Richard Bayley defendt Morecroft p def:
      Thomas Carleton & Jno Blomfeild appointed Auditors upon the
    Acct depending between the plt and defendt doth now deliuer in
    theire Report thereof which is as followeth
      In pursuance of yor Honnrs Order Wee the Auditors to heare the
    Accompts between Richd Attkins plt and Richard Bayley defendant
    in a plea that the said Bayley render to him the said Attkins a rea-
    sonable Accompt att the time hee was receiuer of the tobaccoes of
    the said Attkins