Provincial Court Proceedings, 1669—70.    513

     thousand pounds of tobacco in caske merchantable according to Act Liber JJ
     of Assembly due upon demand to the said Christopher These are
     therefore to desire and authorize you or any of you to appeare for me
     in the said Provinciall Court to be held on the eighth of February
     next ensueing then and there to confesse judgment for the said
     summe of three thousand pounds of tobacco unto the said Christopher
     Rousby or his law full Attorny for which this shall be your sufficient
     warrant wittnesse my hand and seale this fourtenth of January One
     thousand six hundred sixty nine     the marke of
     Sealed in the prseflce of Jenkin I P Price (Sealed)
         John Brooke
         Francis Swinfen

     Christopher Rousby et ux iJenkin price of the County of Calvert [p. 621
     agt Jenkin Price Jwas attached to answer Christopher
     Rousby and Elizabeth his wife in a plea of trespas upon the case.
     And whereupon the said Christopher and Elizabeth by John More-
     croft their Attorny Complaineth that whereas the said Jenkin stand
     indebted unto them in the full quantity of three thousand pounds of
     good sound merchantable tobacco in caske for divers Goods and mer-
     chandize heretofore sold and delivered the said Jenkin and being so
     endebted the said Jenkin did assume upon himselfe and to the said
     Christopher and Elizabeth did faithfully promise that he the said
     Jenkin the said summe of three thousand pounds of tobacco in caske
     to the said Christopher and Elizabeth when thereunto required well
     and faithfully would satisfie and pay nevertheless the said Jenkin
     his promise and assumption so as aforesaid made little regarding but
     fraudulently intending them the said Christopher and Elizabeth of
     the said summe of three thousand pounds of tobacco to deceive the
     said three thousand pounds of tobacco in caske hath not paid or
     any wayes satisfied the said Christopher and Elizabeth for the same
     although often thereunto required whereupon they say they are the
     worse and have damage to the value of foure thousand pounds of
     tobacco And thereupon they bring their suite.
      And the said Jenkin price by Robert Carvile his Attorny cometh
     and defendeth the force and injury when &c and the said Robert
     saith that he is not informed as to the three thousand pounds of
     tobacco in the declaration abovementioned by the said Jenkin his
     Client of any answer thereunto to give wherefore the said Chris-
     topher and Elizabeth remaine against the said Jenkin undefended
     wherefore it is considered by the Court here that the said Christopher
     and Elizabeth shall recover against the said Jenkin the said summe
     of three thousand pounds of tobacco in caske with costs of suite.

      In the cause late depending before his Lopps justices to witt the
     fourtenth day of December in the xxxviith yeare of his Lopps Do-