370 Provincial Court Proceedings, 1679/80.

Liber W. C.

of the said County Court to bee held att Newtowne on the ffirst
Tuesday in June then next To answere unto Joshua Doyne in a plea
that hee Render unto him the sume of seaven hundred sixty nine
pounds of Tobacco w^ch to him hee owed and unjustly detained, and
that hee should have there then the said writt, W^ch said writt was
directed to the then sheriffe of the County aforesaid to bee Exe-
cuted, And hee did at the first Tuesday in June aforesaid make
retorne of the said writt. Cepi et Languidus) That is to say that
hee had taken the body of the within named Nathanael ffisher as by
the said writt hee was Comanded, and that hee was Languishing
in Frisson, Afterwards to witt the sixth day of November in the
yeare of our Lord 1677 Came before his Lopps Justices of the
County Court aforesaid, The said Joshua Doyne by Henry Bonner
his Attorney and offered himself against the said Nathaniel ffisher
in the plea aforesaid, and the said Nathanael ffisher in his prop pson
Came likewise, and the said Nathanael ffisher sayth nothing in barre
or avoydance of the accon aforesaid of him the said Joshua Doyne,
for that hee oweth unto the said Joshua Doyne the sume of seaven
hundred sixty nine pounds of Tobacco in manner and forme as is
before declared against him Therefore Itt was Considered by the
Justices of the said County Court That the said Joshua Doyne
should Recover against the said Nathan^ll ffisher aswell the sume of
seaven hundred sixty nine pounds of Tobacco the debt aforesaid
as also the sume of Two hundred ninety five pounds of Tobacco
Costs of suite, w^th said writt the said Joshua afterwards & before
the Returne of the Same writt, Att Newtowne in the County afore-
said to the said Gerrard Slye being then sheriffe of the County afors^d
Delivered in forme of Law to bee Executed, By reason of w^ch said
writt the said Gerrard slye afterwards and before the Keturne
thereof as aforesaid, the said Nathanael ffisher for the Cawse afore-
said Did take and Arrest, and him the said Nathanael und^r his

p. 339

Custody had and Kept, and the said Nathanael ffisher und^r the
custody of the Said Gerrard for the Cawse aforesaid in forme afore-
said being, The said Gerrard Afterwards (that is to say) upon the
Twentyeth day of January in the yeare of our Lord 1677 afore-
said Then being sheriffe of the County aforesaid, the Said Nathanael
ffisher out of his Custody, and without the Licence & Contrary to
the will of the said Joshua, the said Joshua of the debt and Costs
aforesaid Amounting in the whole to the sume of One thousand
sixty foure pounds of Tobacco not being Satisfyed Did suffer
freely to goe att Large whether hee would. To the manifest losse
of the debt aforesaid Whereupon hee sayth hee is the worse and hath
damage to the Vallue of Three thousand pounds of Tobacco And
thereupon hee brings his suite

Pledges de psec: 4- . -n f Rob^t Carvile p quer