Provincial Court Proceedings, 1673/4. 201




       the same to him to act faithfully for him or to that Effect, but Uber M M
       some scruples were raysed about his the said Mr Phipps his former
       Concernes with Dent and Young and if that taking of freight would
       not Destroy his Cause of accön, and if the Tobacco should not mis
       carry whether it would not ly upon his owne account, nothing was
       Done though Mr Pery & this Depont both advized him Rather to
       Runn that hazard then to let it ly & Rot in ye Country, and this
       Depont further saith that he being prsent in Whitson Weeke last
       when Mr Marsh Came to acct wth Mr Phipps at St Maryes Mr Marsh
       as Mr Phipps did then owne he had given him a fayre account &
       Mr Marsh did offer him the Noates for the hdds Remayning in his
       hands upon ye sd account, that he might Receive the same (or if he
       would give him authority so to doe ship the same on board any
       ship at Reasonable freight then pd in Severne, wch Mr Phipps wid
       not Doe without the advise of Mr Morecroft his Attorney, who (as
       Mr Phipps tould this Dept) would not Consent to ye same, but
       Mr Phipps must pceed as the Law should Direct or words to that
       effect and further saith not.
       Ro: Carvile.        Sworne the 21th of November 1673
                               before us Tho: Dent
                                        Chr: Rousby.
        Miles Gibson aged about 29 yeares sworne saith that in Aprill
       1672 being at Mr Vanswearingens in Company Mr Phipps &
       Mr Marsh & others heard severall Discourses passe between the sd
       Mr Phipps & Mr Marsh about seurall Tobaccoes & accompts belong

       ing to the Estate of Mr Edward Maynard, and amongest wch Dis
       course I heard Mr Thomas Marsh offer to make up his accts wth
       him the sd Mr Phipps & withall likewise sedd in yor Deponts hear
       ing yt their were seurall hdd Tob ready Recd for ye sd Phipps use
        their markes & no also, but what answere the sd Mr Phipps made
       Concerning the sd accts I Cannot Certeinely Tell but for ye Tob, wch
       lay ready Recd for ye use aforesd the sd Mr Phipps did in yor
       Deponts hearing say to Mr Marsh after some Talke about the sd
       hdds of Tob that he wld send up an ordr for ye same by the sloope p 139
       yt Came for it, the sd W Marsh Replyed againe upon the same that
       without an ordr he would not Deliver any for feare of further
       Trouble wh sd speeches did not only passe once or twice but was
       Repeated oft I being Called for to testefy the same if occasion
       Required it, wch sd ordr was from undr his owne hand writing to
        sd Deposition I have hereunto set my hand this 21th November 73.
       Jurat Novemb 21th                Miles Gibson.
          1673
           Tho:  Dent
           Chr. Rousby.
         said Report of the said Auditors, account stated, accompt of
       Markes & Numbers of Tobaccoes & Depositions being Read & heard