Provincial Court Proceedings, 1670. 569

      value of Three Thousand Fower Hundred Nynety Seaven poundes Liber JJ
      of Tobaccoe As by a Bill of Perticulars heere in Cort by the said
      John Produced doeth appeare, The said Mathias in Consideracon
      thereof did Assume uppon himselfe, & to the said John did faithfully
      pmise, That he the said Mathias The said Three Thousand Fower
      Hundred Nynety Seaven poundes of Tobaccoe to him the said John
      would well & Truely Satisfye & pay when thereunto requiered, Not-
      withstandinge which the said Mathias his promise & Assumpeon to
      him the said John soe made as aforesaid Little Regardinge, Butt
      Devisinge & fraudulently intendinge him the said John of the same
      to deceive & defraud, The same unto the said John though thereunto
      requiered hath not paide Butt doeth Altogether refuse to pay the
      Same, whereuppon the said John Saith he is Dampnifyed & hath
      Losse to the value of Five Thousand pounds of Tobaccoe, And
      thereuppon he bringeth his Suite &c.
       And whereuppon the said Mathias De Costa by Kenelm Cheseldyne
      his Attorny doeth Come & Defende the force & Injury when &c, And
      sayeth he did not Assume in manner & forme as the said John Tully
      above hath Declared, And of this he putts himselfe uppon the Coun-
      try, And the said John likewise.
       Afterwards to witt the Fowerteenth day of this Instant December
      att the same Cort before Charles Calvert Esqr Cheife Justice & other
      his Associate Justices att or said Provinciall Cort att St Maries Came
      the above named John Tully Senr by Daniell Jenifer his Attorney
      & the Jurors Sworne beinge ready to give upp their verdict Butt the
      said Kene!m Cheseldyne not appearinge for the said Mathias De
      Costa It was therefore Granted by the Cort heere That the said [p. “31
      John Tu!ly Senr shall recover agt the said Mathias De Costa the
      said Sume of Three Thousand Fower Hundred & Nynety seaven
      poundes of Tobaccoe beinge soe much Adjudged him for his said
      Debt by the Justices heere, And the said Mathias in mercy &c.

      John Tully Senr Plt agt Comand was then given to the Sherriffe of
      Mathias De Costa St Maries County That of the Goods &
      Chattles of Mathias De Costa within yor Balliwicke you Cause to be
      made the Sume of Three Thousand Fower Hundred Nynety Seaven
      poundes of Tobaccoe beinge A Certaine Debt which John Tully Senr
      by the Consideracon of Or Justices of or Provinciall Cort att Or Citty
      of St Maries the Fowerteenth day of this Instant December weere
      Adjudged for his said Debt which he had by Occasion of A Cer-
      tame Accon of Trespas uppon the Case whereof the said Mathias
      De Costa is Convict And that the Tobaccoe by you soe made you
      Deliver unto the said John Tully Senr And of the Execucon of
      this yor writt you make Retorne to or Justices of or Provinciall Cort
      to be held att St Maries the Fowerteenth day of February next And
      have you there this writt &c.