Provincial Court Proceedings, 1674.     389

      upon himselfe and to the Said Henry faithfully promise that he Liber M M
      the said William would Shipp a quantity of very good Virginia
      tobacco by the first good Shipp that goeth from Virginia to London
      after the fiftenth of October the next for the Satisfaction of the
      fifty pounds sterl Provided the said Henry Webb was to stand to the
      danger of the Seas for the One halfe of the aforesaid Summe of p. 295
      fifty pounds which is for twenty and five pounds Notwithstanding
      which the said William in his life tyme his said promises and assump
      tions So as aforesaid in his life time to the said Henry in his life
      time made little regarding but deviseing and intending him the said
      Henry of the said fifty pounds to deceive the said fifty pounds to
      him the said Joshua Woolnough or to any other by the said Henry
      his Order hath not paid but the same to him to pay though often
      required doth refuse to the great damage of him the said Samuel
      and whereupon he saith he is dampnified and hath losse to the value
      of One hundred pounds Sterling and thereupon he bringeth his
      Suite And he the Said Samuel bringeth here into Court the said
      Letters of Administration to him by the Honble Philip Calvert
      Esq Cheife judge and Cothissary for probate of Wills and granting
      administrations granted whereby it may plainly & Sufficiently ap
      peare to the Court that the said Samuel is admr of the goods and
      Chattells of the said Henry and thereof hath the administration.
        And the said John by Robert Carvile his Attorny Saith that the
      Said William Battin did not assume upon himselfe and to the said
      Henry Webb promise in manner and forme as the said Samuel hath
      above declared against him and of this he putts himself upon the
      Country and the plaintiff likewise therefore it is Comanded the
      sheriff of St Maries County that he cause to come here twelve &c
      by whom &c who neither &c to recognize &c because as well &c.
        Now here at this day to witt the twelfth day of December in the
      43th yeare of the Dominion of Caecilius &c Annoq Doth 1674 Came
      the Said Samuel by Kenelm Cheseldyn his Attorny the Said John
      Bowles by Robert Carvile his Attonny and the jurors of that jury
      likewise came to witt Mathew Stone Thomas Gant Joseph Edloe
      Thomas Doxey John Bailey George Gunnell Peter Watts Edward
      Winckes John Hollins Gerard Slye William Harper & Richard
      Bayly Who being impannelled sumãned and Sworne to say the truth
      in the premisses upon their Oathes doe say Wee of the jury doe find
      for the Plaintiff with costs of Suite. Therefore it is considered by
      the Court here that the Said Samuel Winslow recover against the
      estate of the Said William Battin deceased the said Summe of fifty
      pounds Sterling as also against the said John Bowles the summe of
      One thousand One hundred Sixty Seaven pounds of tobacco for his
      costs and charges in this behalf e expended and laid Out.