510       Provincial Court Proceedings, 1669—70.

         Liber jj   said Daniel eleaven hundred forty fowre pounds of good tobacco of
              the aforesaid two thousand three hundred and five pounds residue
              to be paid to him the said Daniel or to his certaine Attorny upon de-
              mand, To the payment of both which bills the said Edmund did
              bind himselfe his heirs executors and administrators firmly by the
              said bills Yet the aforesaid Edmund though often required the a fore-
              said two thousand three hundred and five pounds of tobacco to him
         [p. .59]   the said Daniel hath not rendred but the same to render to him hath
              denyed and yet doth deny and unjustly detaine whereupon he saith
              that he is dampnified and hath damage to the value of three thousand
              pounds of tobacco and thereupon he brings his action.
                                            pleg depss John Doo
                                                    Ri:     Roo
                                              Jenifer p p.

                And the said Edmund by Benjamin Rozer his Attorny cometh and
              de fendeth the force and injury when &c and as to the two thousand
              three hundred and five pounds of tobacco and caske in the declaration
              mentioned the said Benjamin saith he is not informed by the said
              Edmund his Client of any answer thereunto to give therefore the said
              Daniel doe remaine against him the said Edmund as to the said two
              thousand three hundred and five pounds of tobacco and caske
              undefended.                         Benja Rozer

              Thomas Notley agt
              Edmund Lindsey
                Edmund Lindsey of the County of Charles County was attached
              by writt of priviledge to answer to Thomas Notley Gent One of the
              Attornyes of this Court according to the liberty and priviledge of
              Attornyes &c in a plea of trespas upon the case.
                And whereupon the aforesaid Thomas in his proper person Corn-
              plaineth against the aforesaid Edmund for that that is to say that
              whereas the aforesaid Edmund was indebted to him the said Thomas
              in the summe of two thousand seven hundred thirty eight pounds of
              tobacco for divers goods and merchandize sold and delivered by the
              said Thomas to the said Edmund and being so indebted the said Ed-
              mund in consideration thereof the twenty eighth day of July in the
              xxxviith yeare of the Dominion of Caecilius &c did assume upon
              himselfe and to the said Thomas did faithfully promise that he the
              said Edmund the said summe of two thousand seven hundred thirty
              eight pounds of tobacco to him the said Thomas when thereunto re-
              quired well and truly would satisfie and pay Notwithstanding which
              the said Edmund his promise and assumption little regarding but
              deviseing and fraudulently intending him the said Thomas of the
              said two thousand seven hundred thirty eight pounds of tobacco sub-
              tilly to deceive the said two thousand seaven hundred thirty eight