Provincial Court Proceedings, 1668.     375

     said Henry and John theire accon agst him ought not to haue for he Liber FF
     saith that at the time in their declaracon menëoned the said Thomas
     Freeman in his life time was not bound to pay to the said Henry and
     John the said Sume as in theire said declaracon is alleadged and of
     this prayeth Judgmt of the Court if the said Henry and John theire
     accon agt him ought to haue &c:         Jenifer

       The plaintiffs by theire wittnesses Richard Attkins and Compton
     Gwyther prouing theire declaracon (vizt) that in theire presence the
     said Tho: Freeman did signe seale deliuer and acknowledge the said
     specialty as his Act and deed to the use of the plts
       Whereupon Judgmt past agst the Deft as Admr aforesaid for the
     abouesd sume of Twenty Thowsand Two hundred pnds of tobacco,
     out of which is to be taken Two Thowsand Two hundred pounds of
     tobacco which by the said defendts was receiued in part thereof of
     the said Thomas Freeman in his life time.
     Richard Attkins plaintiffe             Morecroft quer
     Thomas Cooper the Admr of              Jenifer p def:
       Thomas Freeman defendant
       The plaintiff sues the defendt as Admr of the Goods & Chattles
     of Tho: Freeman late of Bristoll merchant deceased upon a specialty
     in a plea that he render him Six thousand Eight hundred pounds of
     tobacco which hee unjustly detaineth &c:

       And the said Thomas by Daniel Jenifer his Attorny Cometh and
     defendeth the force & Injury when &c: and for plea saith that the
     said Richard his Accon agt him ought not to haue for hee saith that
     at the time in the declaracon menconed the said ‘fho: Freeman in his
     life time was not bound to pay to the said Richard the sd sume as
     in the said declaracon is alleadged and of this hee prayeth Judgmt
     of the Court if the said Richard his accon agst him ought to haue &c:
                                            Jenifer

       The plt by his wittnesses John Staynes and Compton Gwyther
     proued his declaracon (uizt) that in their prsence the said Tho:
     Freeman did signe seale deliuer and Acknowledge the said specialty
     as his Act and deed to the use of the plt
       The plt acknowledgeth in Open Court that hee hath receiued in
     part of the abouesaid sume Two Thowsand seauen hundred pounds of
     tobacco of the said Thomas Freeman in his life time
       Wherefore Judgmt past agt the defendt as Admr aforesaid for the
     remaindr being Foure thowsand one hundred pounds of tobacco
     William King plaintiffe                      morecroft p quer    [p. 677]
     Thomas Cooper the Admr of                    Jenifer p defendt
       Thomas Freeman de fendt
       The plt sues the defendt in a plea of tresspas upon the Case For
     that the said Tho: Freeman stood endebted to the plt in his life time