Provincial Court Proceedings, 1674. 313

       Pope Alvey Comand was given to the Sheriff of St Maries Liber M M
         agt County that he take John Saunders merchant if &c
    John Saundersj    to answer unto Pope Alvey in a plea of trespas upon
                the case.
         And whereupon the Said Pope Alvey by Robert Ridgely his At
       torny complaineth that whereas the Said John Saunders upon the
       thirtith day of March in the 42th yeare of the Dominion of Caecilius
       &c Annocp Doth 1674 in consideration that he the Said Pope at the
       Speciall instance and request of him the Said John would Sell and
       deliver unto him the Said John two hogesheads of tobacco containe
       ing neate Seaven hundred and eighty pounds the Said John did
       assume upon himselfe and to the Said Pope did then and there faith
       fully promise that he the Said John to him the Said Pope three thou
       sand of Single tenn-penny nailes and three thousand of double tenn
       penny nailes at the rate and price of Sixty pounds of tobacco for
       each thousand would upon demand well & faithfully deliver and also
       the remainder of the Said Seaven hundred and eighty pounds of
       tobacco after the Said Six thousand of nayles was paid for at the
       price aforesaid the Said John did assume upon himself e and to the
       Said Pope did faithfully promise that if the Said Pope would travell
       to the Store of him the Said John at the house of Randall Hanson
       in St Maries County he would pay the value thereof to the Said
       Pope in redd broad Cloath or any other goods that he had in his
       Said Store and that the Said Pope should make choice off at Such
       reasonable rates as he the Said John had Sold goods to any other
       the Inhabitants of this Province. And the Said Pope in fact Saith
       that he trysting to the faithfull promise and assumption aforesaid of
       him the Said John did the day and yeare abovesaid at the plantation
       of him the Said Pope in St Maries County aforesaid deliver unto
       him the Said John the Said two hogesheads of tobacco containeing
       neate the Said Summe of Seaven hundred and eighty pounds of
       tobacco, and afterwards to witt the Second day of April then next
       following did travell to the Store of him the Said John at the house
       of the Said Randall Hanson aforesaid and then and there of the
       Said John did demand the Six thousand of nailes aforesaid and
       red broad Cloth and other goods that he the Said John had in his
       Store to the value aforesaid Notwithstanding which the said John p. 234
       his promise and assumption So as aforesaid made not regarding but
       fraudulently intending him the Said Pope in that behalf e craftily
       and Subtilly to deceive and defraud the Said Six thousand of nayles
       or the redd broad Cloath or other goods to the Value aforesaid to
       him the said Pope to deliver altogether refused and denyed and as
       yet doth refuse and deny whereupon the Said Pope Saith he is
       dampnified and hath losse to the value of twelve thousand pounds
       of tobacco and thereupon he bringeth his Suite.