200      Provincial Court Proceedings, 1673/4.

         Liber M M The said Robert Carvile being duly sworne saith that about Aprill
                 or May or June 1672 the positive time this Depont Cannot Remem
                 ber the said Henry Phipps Came to this Deponts Chamber for advise
                 in Relacon to some freight he tould me he had taken on board
                 the good ship Called the Convertine Capt Young Comandr, wch
                 Mr Thomas Dent prtended he had by ordr of Mr Thomas Mathewes
                 of Cherry Pointe in Virginia authority to let out, freight for 50 or
                 6o hdds as he told me lay ready Recd by Thomas Marsh, in
                 Ann Arundell & Baltamore County as Attorney of Edward Maynard
                 Deceased & Youngs seamen was to fetch the Tobacco on board that
                 the freight agreed on was as he tould me to this Depts best Remem
                 brance 7l 10s p Tunn, that Mr Phipps told to this Dept he gave to
                 Mr Dent a noate on Mr Marsh to Deliver the Tobacco by him Recd
                 and that he had given ordr to Mr Marsh without a noate undr his
                 hand not to Dispose of it Mr Phipps told me Mr Dent had given
                 the Noate to Capt Young & he to his seamen that went up the Bay
                 that the Seamen had lost the noate & yet Demanded the Tob of
                 Mr Marsh wch he did not pay That it was demanded the second
                 going up by the Seamen but for want of a noate Mr Marsh would
                 not pay it, Mr Phipps told this Depont that he Never Knew of the
                 losse of ye noate till after the second Demaund by the seamen, and
                 that he had offered another noate on Mr Marsh, to supply his agreemt
                 of freight but that was Refused then for that as he alledged they
                 had got a better Rate for freight and brought to their shipside,
                 My advise was that if he would pve Mr Dents power to let freight
                 & other thinges he then alledged to me he might have a good accön
                 agt Mr Dent, Mr Phipps so by me Resolved, goes as this Dept sup
                 poses to Dr Morecroft and advises about the same Case, and in
                 forme [s] this Dept that he was advised that their would be no
                 Cause of accon agt Mr Dent for want of a Charter pty for yt it
                 would appeare Nudum Pactum but that he must sue Young, this
                 as neare as this Depont Can positively Remember is the substance of
                 the Discourse this Depont had Mr Phipps at that time and this
                 Depont further saith that some short time after Mr Phipps Corn
                 playning that Young was gone, and he Could have no Redresse and
                 the Tobacco was like to ly on his hands, and that he had by Letters
                 acquainted Sr William Davison his Imployer that he had shipt
                 Tobacco on Young my advise was that he should ship the same in
                 some other ship and thereupon Mr Phipps as this Depont beleeves
             p. 138  did Desire this Dept if he heard of any freight to be let in Patuxent
                 to give him Notice, and that accordingly one Winder Coming in
                 about the Latter End of June or beginning of July for freight Only
                 as this Depont supposes, This Dept from Capt Perrys sent notice to
                 Mr Phipps of the same who Came thither, and Capt Pery Designing
                 then to goe in the sd ship offered to pcure freight for him at the
                 same Rate he had agreed with Winder for and if he would Consigne