Provincial Court Proceedings, 1673/4. 195



      County brought here into Court It is by the Court this day ordered Liber M M
      in prsence of the Attorneys of both sides that Mr Thomas Dent and

      Mr Christopher Rousby be and are hereby appointed Auditors to
      audite state & Examine the account of the said Thomas Marsh wch
      to Render to the said Henry Phipps he ought, And that the sd
      Auditors meete at St Maryes on Thursday the 20th day of November
      next To audite the said account, and that the said Thomas Marsh doe
      then & there attend the sd Auditors and so doe attend from day to
      day untill the sd account shalbe fully stated by the said Auditors,
      And the said Justices doe hereby Empower the said Auditors to
      administer oath or oathes to any witnesses that shalbe pduced before
      them on Either Pt And the said account when audited & stated
      betweene the said ptyes that the said auditors retorne unto the said
      next Provincial Cort undr their hands & seales, and for their pceed
      ings herein this shalbe their warrant.
         At web said Day that is to say the 10th day of ffebruary in the
          yeare of the Dominion of Caecilius &c Annocp Domini 1673
      Came aswell the said Henry Phipps by Kenelm Chiseldyne his At
      torney as the said Thomas Marsh by Robert Carvile his Attorney
      and the Auditors aforesayd (vizt) Thomas Dent & Christopher
      Rousby gentl Came likewise and in their pp psons Delivered into
      open Court their Report following wth the acct stated & Examined
      wch follow in these words (vizt)
        To his Excellency The Capt Generall and the Rest of his Lopps p. 133
      Justices of the Provincial Court.
        By vertu of a Comission to us Directed out of the said Court
      dated the 17th day of this Instant November to audite and state the
      account between Thomas Marsh gentl of the one pty and Henry
      Phipps Admr of Edward Maynard Deceased of the other pt wee
      have Received the account of the said Thomas Marsh attested by him
      upon oath, and upon Examinacon of the same and also of the Charge
      Exhibited agt him p Doctor Morecroft Attorney of the said Henry
      wee doe humbly Certefy as followeth.
        That wee finde the said Thomas Marsh to be indebted to the said
      Henry Phipps the quantity of Seaven Thowsand Two hundred sixty
      and six pounds of Tobacco, as by the ballance of the account be
      tweene the said ptyes stated by us undr our hands and seales and
      hereunto annexed Does appeare.
        And whereas by Consent of ptyes of both sides Thomas Marsh is
      Charged in the afd annexed account with three thowsand five hun
      dred thirty and five pounds of Tobacco being debts due for Pantyles
      sould by the sd Marsh to the seurall psons hereafter named (vizt)
      to Nathaniel Stinchcomb 441l Tob, John Honnywood 804l Tob
      Capt Loyd 300l Tob Major Waters 1390l Tob & Dr Jordenie 600l
      Tob, wch said Debts the said Marsh hath not yet got in, wee humbly
      Conceive the said Henry Phipps should give sufficient authority to