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72 Provincial Court Proceedings, 1678.
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Liber N N
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seven hundred seventy one pounds of tobacco for costs of suite.
Jasper Howley informed your Honor that he was Copartner with
the said Davis And that part of the Goods pretended to be left in
yor peticonrs possession did properly belong to him the said Howley,
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p. 741
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which Informacon was Altogether false, neither was the said Howley
any way concerned as Copartner with the said Davis, neither was
any of the said Davis's Goods left in yor peticons possession, but
was himselfe much a sufferer by Capt Allens Troop carrying away
with them severall of his own proper Goods Nevertheles judgemt
hath passed agt him which with damages & costs amounts to Seven
thousand four hundred fifty one pounds of tobacco, which should
yor peticon pay would with his other losses ruinate him & his ffamily
The prmisses considered And for that yor peticonr had never any of
the Goods of the said Davis in his possession (as was pretended)
he doth humbly request yor Honors favourable consideracon of the
prmisses & to doe therein what to yor Honor shall seem most agree-
able with Equity & good conscience
On the backside of the aforegoing peticon was written Vizt I am
willing to remitt unto the peticonr Thomas Binkes the moiety of the
Judgemt obtained against him upon the within menconed Infor-
macon And doe hereby order that Jasper Howley by himselfe or his
Attorney by mocon to his Lordpps Justices att the next Provinciall
Court request, that Execucon may issue for the remainder of the
said judgemt with costs of suite Given under my hand the twenty
ninth day of June in the third yeare of his Lordpps Dominion &c
Annoq Doni 1678.
Thoma Notley
Now here att this day to witt the Sixteenth day of October in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 came the said Jasper Howley by Christopher Rousby his
Attorney And the aforegoing peticon & Endorsemt being read lit
is Ordered by the Court here that Execucon issue for two Thousand
seven hundred Seventy & one pounds of tobacco being the remainds
of the judgemt aforesaid Together with two thousand three hundred
& forty pounds of tobacco costs of suite And that the said Jasper
pay unto Benja Rozer Esqr so much tobacco as the said Benjamin
paid for ffees upon tryall of the cause
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Richard Covell
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Edward Gunnell
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Whereas by vertue of a Comission directed to us
whose names are hereunto subscribed from the
right Honble the Lord Propry of this Province
bearing date the Eighteenth day of June last past
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We were impowered to Audite state & examine the accompts between
Richard Covell & Edward Gunnell, & to meet att such tyme & place
as to us should seem meet & convenient in pursuance whereof we
the said Auditors formerly under our hands & Seales ordered the
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