146       Provincial Court Proceedings, 1677/8.

             Liber N N  the said Oliver of the said two thousand two hundred & eleven
                    pounds tobacco to deceive & defraud, the said two thousand two
                    hundred & Eleven pounds of tobacco to him the said Oliver accord
                    ing to his promise hath not paid, but the same to pay hath denyed &
                    refused & to pay the same as yet doth deny & refuse to the damage
                    of the said Oliver three thousand pounds of tobacco & thereupon he
                    bringeth his suite.
                      And the said Daniel by Robert Carvile his Attorney cometh &
                    defendeth the force & injury when &c & saith he did not assume upon
                    himselfe nor to the said Oliver make such promise as the said Oliver
                    hath above declared, & of this he putts himselfe upon the Countrey
                    And the said Oliver likewise
                      Now here att this day to witt the twentieth day of ffebruary in
                    the third yeare of the dominion of Charles & Annop Doni One
                    thousand six hundred seventy seven came the said Oliver Davis &
                    offered himselfe agt the said Daniel Hamand, but the said Daniel
                    came not but made default Whereupon itt is granted by the Court
                    here that the said Oliver Davis recover against the said Daniel
                    Hamond as well the suffie of two thousand two hundred & eleven
                    pounds of tobacco damages occasioned by the trespas aforesaid As
                    also the sume of Six hundred pounds of tobacco costs of suite

                    ffeb: 16th 1677
                      Memorandum, that a letter being delivered to the Honble Councell
                    directed to the Governor & in his absence to the Councell from the
                    high Sheriffe of Somrsett County Upon perusall thereof they thought
                    itt convenient to send the said letter imediatly away with all speed to
                    the Governor And ordered that the Inhabitants of Somrsett County
                    offer no Affront nor abuse to the Indians, but stand only upon their
                    owne defence till further order from the Governot & Councell And
                    that Cot Wm Coleborne make what speed he can back to Somrsett
                    County to defend the Inhabitants there from the outrages of the
                    Indians

                    Tho: Carvile Admr Auditors being appointed to state the accompts
                    Robert Hunt between the plaintiffe & deft Comission issued
                     agt         And no Report thereof being made to this
                    Joshua Guibert     Court, upon motion made by Kenelm Cheseldyn
                    Attorney for the plaintiffe, Itt is ordered that a
                    new Comission issue returnable the next Court—And that this cause
                    be continued

                             p. 408 John Staynes
                                     agt
                                  John Allen