Provincial Court Proceedings, 1668.     359

     Patrick Due plt     Rozer p quer Liber FF
     John Grammer deft Morecroft p deftf [p. 659]
       This Cause being an appeale from the County Court of Caluert
     and here resplted from last Court unto which the said John Grammer
     doth now demurre and saith that in prosecucon of the said Appeale
     the said John Grammer by John Morecroft his Attorney saith that
     matter in Euidence by the said Patrick due giuen is not sufficient in
     law to proue the Issue Joyned betwixt them and this he is ready to
     auerre Wherefore for default of sufficient Euidence hee Craueth
     Judgmt against the said Patiick if &c
                          And the deft Joyneth in demurrer
                                         Ben:     Rozer

       Opinion of the Bench that it is no sufficient Euidence wherefore
     Judgmt past agt the said Patrick Due

       John Blomfeild gent was this day Sworne Attorny of this Court
     According to the Oath for Attornys
     Daniel Jenifer plaintiffe                    Jenifer p p
     Cuthbert witham deft                         Morecroft p def
       The plt sues the defendt in a plea that hee render him Twenty
     Two Thousand Seauen hundred & twelue pounds of tobacco wth he
     oweth him and unjustly doth detaine &c:
       The defendt replyes (uizt)
       And the said Cuthbert by John Morecroft his Attorny cometh and
     defendeth the force and Injury when &c: and as to the Two and
     Twenty thowsand Seauen hundred and twelue pounds of tobacco in
     the declaracon menconed the said John saith hee is not informed by
     the said Cuthbert his Clyent of any Answere thereunto to giue There-
     fore the said Daniel doth remaine against him the said Cuthbert as
     to the said sume of Two and Twenty thowsand Seauen hundred and
     twelue pounds of tobacco undefended, non Sum informatus
                                        Jn0 Morecroft

       Therefore it is Ordred by the Court here that the saide Daniel
     recouer of the said Cuthbert the said Sume of Twenty Two Thow-
     sand Seauen hundred & twelue pounds of tobacco Costs
       The said Daniel doth humbly pray the Court here to grant him an
     Elegit against the Estate of the aforesaid Cuthbert witham for his
     aforesaid debt of Twenty Two Thowsand Seauen hundred and twelue
     pounds of tobacco Costs which said Elegit by the Court here to
     the said Daniel is granted
     Daniel Jenifer plaintiffe                    Jenifer p p    [p. 66o]
 John pltt defendant    Morecroft p def:
       The plt sues the defendt in an accon of debt for Seauen thousand
     Foure hundred & Sixty pounds of tobacco and Caske