236        Provincial Court Proceedings, 1674.

          Liber M M John England & Thomas Jones Keneim Cheseldyne p plts
            P. 171  agt
                Randall Revell       John Rousby p deft.

                  Randall Revell late of Somersett County otherwise called Randall
                Revell of the County of Somersett in the Province aforesaid Gent
                was SumOned to answer unto John England and Thomas Jones of
                the Citty of Bristoll merchant in a plea that he render unto them the
                Summe of twelve thousand Six hundred eighty & One pounds of
                tobacco which to them he Oweth and unjustly deteineth
                  And whereupon the Said John England and Thomas Jones by
                Keneim Cheseldyn their Attorny Saith that whereas the Said Randall
                Revell the fifteenth day of June in the yeare of Our Lord One thou
                sand Six hundred Seventy two did by his certaine writeing Obliga
                tory Sealed with the Seale of the said Randall here in Court pro
                duced whose date is the Same day and yeare abovewritten acknowl
                edged himself e to Owe and Stand indebted unto the Said John
                England and Thomas Jones the just and full Summe of twelve
                thousand Six hundred eighty One pounds of good Sound merchant
                able tobacco in caske to be paid convenient in Somersett County to
                the said England or Jones or either of them their or either of their
                lawfull Attorny or Attornyes executors administrators or assignes
                or any or either of them to which payment well and truly to be made
                he did bind himselfe his heirs executrs and administratrs firmly by
                those presents notwithstanding which the Said Randall Revell the
                Said Summe of twelve thousand Six hundred eighty One pounds of
                tobacco according to the tenor of the Said bill hath not paid though
                often thereunto required but the same to pay doth altogether refuse
                and deny to the damage of the Said John England & Thomas Jones
                the Summe of fourteen thousand pounds of tobacco and thereupon
                they bring their Suite.
                  And the abovesaid Randall by John Rousby his Attorny cometh
                and defendeth the force and injury when &c and Saith that the said
                John and Thomas their action abovesaid ought not to have because
                he Saith at the time of the makeing of the Said writeing Obligatory
                he the Said Randall was imprisoned By the Said Thomas and others
                of his Covin that is to Say at Manoakin in the County of Somersett
                within the jurisdiction of this Court and therein prison Kept till he
                the Said Randall by force and duresse of his imprisonment the
                aforesaid writeing Obligatory to the Said Thomas then and there
                made And this he is ready to aver whereupon he demands judgment
                whether the plaintiffs ought to have their action against him
                  And the aforesaid John and Thomas Say that they by any Mat
                ters prealledged from their action aforesaid haveing precluded
                ought not to be because he Saith that the aforesaid Randall at the
                tyme of the makeing the writeing aforesaid was in his Own power