208 Provincial Court Proceedings, 1673/4.




        Liber M M Philip  Shapleigh The Defendt having appeared by Vincent Lowe
                     agt his Attorney who will pleade in time to Come to
                 John Steward tryall next Court.

                Philip    Shapleigh John Brookes late of Dorchester County otherwise
                     agt Called John Brookes of Dorchester County Chirur
                 John Brookes gion was suthoned to answere unto Philip Shap
                 leigh & Joyce his wife Executrix of the goods & Chattells of Daniel
                 Holland Deceased in a plea that he Rendr unto them the Sume of
                 One Thowsand six hundred Seaventy Two pounds of Tobacco wch
                 from them he unjustly Deteineth.
                  And whereupon the said Philip and Joyce by Kenelm Chiseldyne
                 their Attorney saith that whereas the said John Brookes the thir
                 teenth day of ffebruary in ye yeare of our Lord 1671. by his Cer
                 teine writing obligatory sealed wth the seale of the said John here in
                 Court pduced whose date is the same day and yeare abovewritten did
                 binde himself his heires Executors Admrs to pay or Cause to be payd
                 unto the said Daniel Holland of the same County his heires Executors
                 Admrs the full & Just sume of One Thowsand six hundred seaventy
                 Two pounds of Tobacco in Caske according to act of Assembly
                 due to be payd according to act of Assembly the last of November
                 next Ensueing the date hereof at some Convenient place in the
                 abovesd County Notwth standing the said John Brookes the sd
                 sume of 1672 l of Tob according to the Tenor of the sd bill hath not
                 payd though often thereunto Required to the sd Daniel Holland
                 while he was living nor to the said Joyce whilst she was sole nor
                 to the sd Philip and Joyce since Espowsalls but the same to pay
                 altogether Denyes to the Damage of the sd Philip & Joyce 3000 l Tob.
                 & thereupon they bring their suite. and the sd Philip and Joyce bring
                 eth also here in Court the Lres Testamentary of the sd Daniel that
                 it may appeare to the Court here that she is Executrix of the same
                 & thereupon hath Admcon.
                  And the said John by Robert Carvile his Attorney Cometh &
                 Defendeth the force & injury when &c & prayeth the hearing of the
                 writing obligatory aforesd and it is Read unto him wch being Read
                 & heard he sayth that the said Philip & his wife ought not to have
                 their accön agt him for yt he saith that the said writing obligatory
                 is not his act & Deed of this he puts himself upon the Judgt of the
                 Cort if the sd plts their accôn aforesd ought to have agt him the sd
                 John.
                  And now here at this day to wit ye 10th of ffeb: 1673. Came the
                 said Philip & Joyce by the sd Kenelm their Attorney & offered them
                 selves agt the said John Brookes of & upon the prmises & the said
                 John Brookes appeared not but made Default wherefore it is Con
                 sidered by the Cort here that the sd Philip & Joyce Recover agt the
                 sd John Brookes as well the sd sume of One Thowsand six hundred