238       Provincial Court Proceedings, 1667—68.

       Liber FF fendt for the said sume of Eight hundred pounds of tobacco, but

              execucon to Ceize and not to be leauyed untill next Crop
              Thom: Nottley p p accon of debt for Two Thowsand Eighte hun-
              Ri: Shyppey defendt dred and twenty pounds of tobacco in propr
              person Judgmt Confest by the Defendt to the plt f or the said sume
              of two thowsand Eight hundred & twenty pounds of tobacco

             Daniel Jenifer p p  the plt sues the defendts in an accon of
               Rich: and Geo: Wells the debt for twenty pounds sterling as Ex-
               Executors nf Ri: Wells ecutors of the last will and Testament of
               deceased defendants Ric: Wells deceased, being upon Bond—
              Tho:     Nottley p defts The defendts put's in their plea (uizt)
               The said Richard & Georg for plea saith that the plt ought not to
              haue or maintaine his accon &c: because they say that the Obligacon
              aforesaid was deliuered to the aforesaid plt: for his good Councell
              aduice and Attornyship to the said Rich: Wells senr afterward to be
              bestowed in a Cause then depending in the High Cort of Chancery
              of this prouince between John Stansby Complt and the said Ri: Wells
              senr and the said Ri: wells Jr one of the aforesaid defts and the said
              defendts further saith that since the death of the said Richard Wells
              senr they did apply themselues to him the said plt for further aduice
              & Councell in the sd Cause then by the said Stansby intended to be
              reuiued agst the said Richard one of the aforesaid defendth (to witt)
              the first day of September in the 36th yeare of the Domn of Caecilius
              &c: which the sd plt ought to haue giuen wch to doe the aforesd plt of
              the Councell and assistance of them the said defts wholy refused
              and this they are ready to auerr and therefore demandeth Judgmt
              if the sd plt his accon ought to haue Nottley

       [p. 541] And the said Daniel in his proper person saith that he the sd Daniel
              from his said accon ought not to be precluded, because he saith that
              as Attorny of them the said Richard Wells senr and Richard Junr
              he the said Daniel in the said suite did appeare and them the said
              Ri: wells senr and Richard Wells Junr did Councell and aduize till
              the aforesaid suite was determined by the death of him the said Rich:
              wells senior and further auerreth that according to the prouisoe in
              the Condicon the said Richard senr was not cast or Ouerthrowne in the
               suite wherefore the said Daniel as formerly pray the Judgmt agst
              them the said Richard & George Executors &: for the said sume of
              twenty pounds Sterling              Jeni fer p p

               And the said Richard & George likewise &c:
                                          Nottley