404       Provincial Court Proceedings, 1677/8.

            Liber N N  ninth day of September One thousand six hundred sixty seven being
                   part owner of the good Shipp called the Richard & James of Bristoll
                   aforesaid of which the said Wm Nichols was then Master, for & on
                   the behalfe of himselfe & the Rest of the owners of the said Shipp for
                   the consideracons therein menconed did Grant & to ifreight lett
                   twenty five tunn of the tunnage of the said Shipp unto the said
                   Richard Royston And in consideracon thereof the said Richard
               p. 629  Royston did thereby Covenant & Grant to & with the said Richard
                   Pope to pay for the freight of the said twenty five tunns be the
                   same laden or not laden the full sume of Eleven pounds of lawfull
                   money of England p Tunn accounting foure hogsheads to a Tunn
                   And the said Richard Royston falling short of twenty hogsheads of
                   tob to compleat his ifreight before the returne of the said Shipp,
                   he the said Richard Royston in cons ideracon that the said Wm
                   Nichols att the earnest request & desire of him the said Richard
                   would procure the said twenty hogsheads tobacco to be freighted on
                   board the said Shipp to supply the said Vacant tunnage, did assume
                   upon himselfe & to the said William faithfully promise that he the
                   said Wm should have the letting out the freight for the said twenty
                   hogsheads att six pounds sterl p Tunn as aforesaid which amounted
                   to the sume of thirty pounds sterl And that on the said Wm his
                   paying the said thirty pounds stert, he the said Richard would well &
                   sufficiently acquitt & discharge the said Wm of any further charge
                   or trouble for or touching the freight of the said twenty hogsheads
                   of tobacco And the said Wm in fact saith that thereupon he did about
                   May one thousand six hundred sixty eight give unto the said Richard
                   a noat in writeing under his hand for paymt of the said thirty pounds
                   stert & supplyed the said Vacant Tunnage by ifreighting twenty
                   hogsheads of tobacco on the said Shipp, & att the returne of the said
                   Shipp for England to the port of Bristoll to witt about the tenth of
                   August one thousand six hundred sixty eight pay unto the said
                   Richard Pope & John Rogers part Owner of the said Shipp the
                   sume of thirty pounds stert for the said twenty hogsheads tobacco
                   freight & twenty shillings stert for a varidge for the said twenty
                   hogsheads tobacco, both which sumes was allowed & discompted to
                   the said Richard Royston out of his accompt due for the ifreight of
                   the said twenty five tunns as aforesaid All which being well known
                   to the said Richard, yet he the said Richard his promise & assumpcon
                   aforesaid little reguarding but deviseing & fraudulently intending
                   him the said Wm in this behalf e craftily & subtily to defraud & de
                   ceive, did not sufficiently discharge the said Wm Nichols from the
                   freight of the said twenty hdds of tobacco so lett att six pounds p
                   Tunn as aforesaid or to deliver up his noat for the same though often
                   thereunto requested, but did about the six & twentieth day of March
                   one thousand six hundred seventy six cause the said Wm Nichols
                   (without any just cause) to be arrested by a capias out of the Pro-