Provincial Court Proceedings, 1673.  I0I




       the same doe finde due from the said Philip Shapleigh to the said Liber M M
       John Gilbert the quantity of sixteene Thowsand seaven hundred
       thirty and six pounds of Tobacco as by the account above-
       written it doth appeare he the said Gilbert having the Respective bills
       mentioned on the Creddit side of this account Delivered him In
       Testimony to this our Report wee have hereunto set our hands this
       10th of Aprill 1673.
                                         Benja Rozer
                                         Tho Dent.
        which said account so stated as aforesayd, and the Report signed
       by the auditors aforesayd being Read here in open Cort and John
       Gilbert having proved (the article of 785l of Tob (on the Dr side
       which is Charged To sundry goods sold Shapleigh) by his owne
       oath here taken, and the Court having Delivered into the hands of
       the said John Gilbert here prsent in Cort the bill taken by the said p. 37
       Shapleigh in the said Gilberts name mencOned on the Creddit side
       of the said account amounting unto seaven Thowsand Eighty and
       Two pounds of Tobacco. the Court was all clearly satisfyed that
       the said Philip Shapleigh Remaines Dr upon the ballance of the said
       acct to John Gilbert the said sume of sixteene Thowsand seaven
       hundred thirty & six pounds of Tobacco, wherefore it is Considered
       by his Lopps Justices here that the said John Gilbert Recover agt
       the said Philip Shapleigh aswell the said sume of sixteene Thow
       sand seaven hundred thirty and six pounds of Tobacco and Caske
       for his Damages in this behalfe susteined as also the sume of Twelve
       hundred pounds of Tobacco for his Costs and Charges
       in this behalfe Expended and the said Philip Shapleigh in mercy &c.

      Thomas Jones It is ordered by the Court that all the proceed
            agt ings in this business touching the scire fac be
    William Thompson  quashed, and that a scire fac a new issue out
                    for the vacating both Patents on the behalfe of
                    the Right honoble the Lord Proprietary.

       Jesper Allen In this Cause it is ordered by the Core that both

       Richard Ladd partyes Come to tryall peremptorily the next Cort.

       Richard Ladd
          agt    Entred before
       Henry Mitchell

       Lord Proprietary
           agt
       Luke Barbor