390  Provincial Court Proceedings, 1674.




         Liber M M Samuel Winslow admr John Bowles late of Charles County Gent
                   Henry Webb executor of the last will and Testament of
                      agt        William Battin merchant deceased was at
                  John Bowles executr tached to answer unto Samuel Winslow ad
                Wm Battin        ministrator of the goods and Chattells of
                                 Henry Webb merchant deceased of a plea of
                                 trespas upon the case.
                   And whereupon the Said Samuel by John Morecroft his Attorny
                  complaineth that whereas the Said William Battin in his life tyme
                  to witt the twelfth day of September One thousand Six hundred
                  fifty three Stood indebted to the said Henry Webb in his life time in
              p. 296 the Summe of fifty five pounds foure Shillings three pence Sterling
                  for divers goods and merchandizes before that time Sold by him
                  the said Henry in his life time to him the said William in his life
                  time In consideration whereof the said William in his life time did
                  assume upon himselfe and then and there to the Said Henry in his
                  life did faithfully promise that he the said William would Shipp in
                  the first good Shipp as should present to him the full value in the
                  best large merchantable tobacco at the rate of three pence pound
                  to be consigned to Mr Joshua Woolnaugh at the Kings head in
                  Gratious [?] Street London which tobacco was to be sold at the
                  best by the Said Joshua Woolnough and the Said Henry Webb was
                  to run the Rises of the Seas and the Said Battin to stand to the
                  markett prices and if the said quantity of tobacco did clearely give
                  more then three pence pound all charges deducted then the Over-
                  plus to be devided betwixt the sd Webb and Battin and for the
                  performance the said Battin did bind himselfe in the double value
                  Notwithstanding which the said William Battin in his life time nor
                  the said John Bowles the executor after his death hath shipped the
                  full value of the said fifty five pounds four shillings three pence
                  Sterling at the rate abovesaid and the same consigned to the said
                  Joshua Woolnough as aforesaid nor the double Value of the said
                  fifty five pounds foure shillings three pence Stert to him the said
                  Henry Webb in his life time nor to him the said Samuel after his
                  death to whom administration of all and Singular the goods and chat-
                  tells of him the Said Henry Webb within this Province was committed
                  according to his promise hath not Satisfied according to his Promise
                  aforesaid but the Same to him to pay and Satisfie doth altogether re
                  fuse whereupon he Saith he is dampnified and hath losse to the value
                  of One hundred and fifty pounds Sterling and there upon he bringeth
                  his Suite. And he the said Samuel bringeth her in Court the said
                  letters of administration to him by the Honble Philip Calvert Esq
                  Cheife judge for probate of wills and granting administrations
                  granted by which it may appeare to the Court here that he is the
                  administrator of him the Said Henry.
                   And the Said John by Robert Carvile his Attorny Saith that the