536 Provincial Court Proceedings, 1674/5.




          Liber M M  Six hundred Seventy foure Sealed with the Seales of them the said
                  Philip and George and here in Court produced whose date is the day
                  and yeare abovesaid did covenant promise grant and agree to and
                  with the said John to pay him the said John or his Order the full
                  quantity of twelve hundred pounds of tobacco to help to repaire &
                  secure the fencing upon the plantation of him the said John to allow
                  the said John or his Order Such Satisfaction as might be by any
                  two indifferent men adjudged in worth for their not tending and
                  housing what Corne was planted in the feild called Nicholas's Peece
                  as also two thousand Corne holes more which they were formerly
                  intended to tend & house for the Said John and also should One
                  day in a weeke dureing Sider time help the said John or his Order
                  in gathering of apples and quinces and makeing Sider and quince
                  drinke and farther to doe any necessary thing whatsoever about
                  the plantation as by the said articles of agreement it doth and may
                  more fully appeare And the said John in fact Saith that the said
                  Philip and George have not performed the Covenant aforesaid
                  though often thereunto required but the same to doe & pforme
                  have refused and Still doe refuse to the great damage of the said
                  John whereupon he Saith he is dampnified & hath losse to the value
                  of five thousand pounds of tobacco & thereupon he bringeth his suite
                  And whereupon the said Philip Rossell and George Mathews by
                  George Oldfeild their Attorny come and defend the force and injury
                  when &c and say that the said John Blomfeild Ought not to have
                  his action against them the said Philip and George for that they have
                  performed all and Singular the Covenants betweene them made
                  which on their Part Ought to be performed and Kept according to
                  the forme force & effect of the said Articles of agreement and upon
                  this they putt themselves upon the Country and the said John also
                  Therefore it is comãnded the Sheriff that he cause to come here
                  twelve &c.
                   Now here at this day to wit the fiftenth day of ffebruary in the
                  43th yeare of the Dominion of Caecilius &c came the said John by
                  his Attorny and the said Philip and George by their Attorny and
              p. 521 the jurors of that jury likewise came to wit John Bailey John Luellin
                  Richard Ackworth Morgan Jones Henry Rider John Hunt Thomas
                  Doxey John Doxey Joseph Edioe Richard Ball Thomas Courtney &
                  Stephen Murty who being impannelled Sumoned and Sworne to
                  say the truth in the premisses the defendants appeared not but suf
                  fered judgment to passe against them by default Whereupon it is
                  considered by the Court here that the said John recover against
                  the said Philip and George his damages by Occasion aforesaid to
                  gether with costs of Suite and the said Philip and George in
                  mercy &c

                   Upon the Petition of ffrancis Partis Commander of the Shipp
                  Prosperous of Hull and Edward Tarleton Comander of the Dublin