Provincial Court Proceedings, 1674.     289

                              dred flinty foure pounds of to- Liber M M
                              bacco which to them he Oweth
                              and unjustly deteineth
         And whereupon the said Richard and Thomas by Robert Carvile
       their Attorney say that whereas the said Henry Mitchell upon the
       eightenth day of ffebruary in the yeare of Our Lord One thousand
       six hundred sixty nine by his certaine bill or writeing Obligatory
       Sealed with the seale of him the said Henry and here in Court
       produced whose date is the day and yeare abovesaid did bind him
       selfe his heirs executors and administrators to pay unto the said
       Richard Covell and Thomas Groves the summe of 9194 pounds of
       tobacco and casque upon demand Yet notwithstanding the said
       Henry the said summe of nine thousand One hundred ninty foure
       pounds of tobacco to them the said Richard and Thomas though
       often thereunto requested according to his said writeing Obligatory
       hath not contented or paid but the same to them to pay doth hitherto
       altogether deny and refuse whereupon they say they are dampnified
       and have losse to the value of fifteene thousand pounds of tobacco
       And thereupon they bring their Suite.
         And the aforesaid Henry Mitchell by Vincent Lowe his Attorny
       Comes and defends the force and injury when &c and as to six thou
       sand two hundred twenty five pounds of tobacco of the said nine
       thousand One hundred flinty foure pounds of tobacco in the declara
       tion aforesaid above specified the same Henry says that the afore
       said Richard Covell and Thomas Groves as to the aforesaid six
       thousand two hundred twenty five pounds of tobacco Ought not to
       have their action against him because he saith that after the make
       ing of the bill aforesaid the said Henry did pay unto John Manning
       Attorny or receiver for them the said Richard and Thomas the said
       summe of six thousand two hundred twenty five pounds of tobacco
       in part of the said bill of nine thousand One hundred flinty foure p. 213
       pounds of tobacco in the aforesaid declaration mentioned and this
       he is ready to averr whereupon he demands judgment if the afore
       said Richard and Thomas Ought thereupon to haue their action
       aforesaid against him and as to two thousand nine hundred sixty nine
       pounds of tobacco of the aforesaid nine thousand One hundred flinty
       foure pounds of tobacco residue of the same the said Henry Saith
       that he was and is ready to pay the same.
         And the said Richard and Thomas as to six thousand two hun
       dred twenty five pounds of tobacco in the plea of the said Henry
       mentioned part of the said nine thousand One hundred flinty foure
       pounds of tobacco say that they by any thing before alleadged ought
       not to be debarred from haveing their action aforesaid against him
       for the said six thousand two hundred twenty five pounds of tobacco
       for that they by protestation say that the said Henry did not pay
       to the said Richard or Thomas or either of them or to the said
       John Manning or any other person or persons whatsoever by any