Provincial Court Proceedings, 1683.     427

     shipp Marrinrs Tackle Apparrell & other necessary furniture &              Liber W. C.
     provision together with the goods & Comodities aforesaid & all
     other necessary provission set sayle from Bush River aforesaid
     and by Gods grace wind & weather permitting sayle directly to the
     Island of Barbadoes or some of the Cariby Islands (Iff they should
     happen Casually to miss the Island of Barbadoes, And the said
     John Walls & John Pemberton did not at their owne prop Costs
     and Charges by the expiracon of the Thirty foure Dayes aforesaid
     when the said shipp was to saile from Bush River aforesaid & soe
     directly to Barbadoes aforesaid Provide the said shipp with Meate
     drinke & other necessaryes fitt for such a Voyage, But the said
     James sayth that the said John Walls sayled with the said shipp
     from Bush River aforesaid the fifth day of septembr 1682 And the
     ninth day of septembr 1682 the said John Walls with the shipp
     aforesaid Came to Anchor in Chesepeake Bay against Holland
     straights And wanting pvisitions for the said shipp the said John
     Walls was forced to stay with the said shipp till he could provide
     him with sufficient provisitions as aforesaid And before he Cleared
     the shipp aforesaid till the Tenth day of October being about thirty
     dayes, In wch time two horses of the Loadeing of the said shipp
     were Killd in a Storme the shipp at Anchor & the Rest of the horses
     much bruised battered & made worse, And the horses much Wasted
     in ifiesh, And the water and provisitions layd in by the said James
     for the horses aforesaid was much wasted & consumed wch had not
     beene If the sd John Walls had not Delayed the Voyage & made the
     Long stay aforesaid, And therefore the said James sayth the said
     John Walls the Articles of Affraightment aforesd and the Covenants
     and agreements in the same Contained hath not p formed fulfilled &
     Kept according to the purport and Effect and true intent thereof
     but, the same hath broken And this he prayes may be Enquired of
     by the Country
       Wch being read & heard & the Deft haveing by his Attorney afore
     said filed his Rejoyndr to the Replication aforesaid Wherein was
     set forth that the said Deft had fulfilled pformed. & Kept all &
     singular the Articles in the Charterparty aforesd mentioned, It is
     Ordered & adjudged by the Court that the plt ought to signe the
     breach of the Charterpty aforesaid, by the said defendant upon one
     Article thereof, And not upon the whole [Chartepty] And there—          p. 742
     upon the Court Ordered the said Deft to signe the breach of the
     Charterpty aforesaid by the sd Deft Upon the ffifth Article thereof
     And that the said Deft should Joyne the said Issue wch the said
     Defts Attorney refuseing to doe It is Considered that the said
     James Mills Recovr agt the sd John Walls aswell the aforesd sume
     of Two hundred pounds stert debt as also the sume of Two thou
     sand Eight hundred fifty two pounds of tobacco for Costs of suite
     & the deft in Mercy &c.