326       Provincial Court Proceedings, 1676.

         Liber N N   the Care & management of the said Robert ffarrer to sell & dispose
                  the same as the ifactor Agent assignee or Trustee of the said Robert
                  Swaine or his assignes. Afterwards to wit the twentith day of
                  November in the yeare aforesaid the said Robert Swaine in con-
                  sideration of the full moyety of the said five hundred sixty One
                  pounds Seventeen Shillings & a half e peny Sterling being the first
                  cost of the said Cargoe as aforesaid to the said Robert Swaine by
                  the said Wm Aubone in hand paid the said Robert Swaine (according
                  to the custome of merchants) by his deed under his hand & Seale
                  did transport assigne & sell the One moyety of the said Cargoes to
                  the said Wm Aubone, he the said William Standing to the danger &
                  running all Risques & hazards & receiveing all profitts & benefitts of
                  the said Moyety, as by the Said deed of transport sale or assignment
                  relation being thereunto had more fully & more at large it doth &
                  may appeare, By which meanes the said Cargoes and every part
                  thereof became vested & Setled joyntly in Copartnershipp betweene
                  the said Wm Aubone and Robert Swaine & their assignes And
              p. 198 the said Wm Aubone & Robert Swaine further in ifact say that the
                  said Shipp Endeavour with the said Cargoes & the said Robert
                  ffarrer arrived in the said Province of Maryland to wit at Pyney
                  Point in Potomeke River in the said Province the tenth day of Janu-
                  ary then next following & that the said Robert ffarrer the said goods
                  in the said Cargoes did take into his hands custody & possession &
                  the Same did Sell & dispose as ifactor Agent assignes or Trustee for
                  the said Wm Aubone & Robert Swaine. Notwithstanding which
                  the said Robert ffarrer in his life time nor the said Johanna ffarrer
                  since his death) to whom the execution of the testament of the afore-
                  said Robert ffarrer since his death hath been committed) did not
                  shipp home for Newcastle aforesaid the produce of the said Cargoes
                  to the said Wm Aubone & Robt Swaine or any part thereof in the
                  sd Shipp Endeavour of Hull that present yeare nor in any other
                  Shipp whatsoever Since nor for the same five hundred sixty One
                  pounds Seventeen shillings & one halfe peny Cargoes aforesaid to
                  the said Wm & Robert have given any Satisfaction but the same
                  have denyed and refused & Still doe refuse & deny to doe the Same.
                  to the damage of the said Wm Aubone & Robert Swaine One thou-
                  sand pounds Sterling & thereupon they bring their suite
                    And the Said Johanna by Keneim Cheseldyn her Attorny cometh
                  & defendeth the force & injury when &c & prayeth liberty of Speake-
                  ing hereunto untill next Court & it is granted unto her the same day
                  is given to both parties.
                    Now here at this day to wit the nine & twentith day of November
                  Anno 1676 Came the parties aforesaid by their said Attornyes & the
                  said Johanna saith that the said Robert ffarrer in his life time was
                  indebted by debts of a higher nature beyond which she hath not
                  assetts come to her hands to satisfie the debt of the said Wm & Robert.