320  Provincial Court Proceedings, 1674.




         Liber M M   tobacco he did engage himself e his executors and admrs to deliver
                 to the aforesaid Timothy Lindall or his Order and to render a rea
                 sonable accompt thereof when he Should be thereunto required Yet
                 neverthelesse the Said Philip though often thereunto required hath
                 not rendred his reasonable accompt aforesaid to the Said Timothy
                 but hitherto hath denyed and as yet doth deny to render the Same
                 unto him whereupon he Saith he is dampnified and hath losse to
                 the value of 6000 l tobacco and thereupon he bringeth his Suite
                 And the Said Philip by Keneim Cheseldyn his Attorny Cometh
                 and defend[eth] the force and injury when &c and prayes liberty
                 of Speakeing hereunto untill the next Provinciall Court and it is
                 granted him.
                   Att which said court to witt the 12th day of May in the 42th
                 yeare of his Lopps Dominion &c came the Said Timothy and Philip
                 by their Attorneys and the Said Philip prayed further delay hereof
                 untill the next Provinciall Court and it is granted him
                   Att which said Court to witt the 12th day of May in the 42th
                 yeare of his Lopps Dominion &c Came the Said Timothy and the said
                 Philip by their Attornyes and the Court then Ordered that the deft
                 accompt with the plaintiff and that Garrett Vansweringen. and Rob
                 ert Ridgely doe audite the accompts and make report thereof to the
                 Court here at the next Provinciall Court
             p.239 Now here at this day to witt the 13th day of October in the 43th
                 yeare of his Lopps Dominion &c the Said Auditors doe report that
                 they have audited the Said accompts in presence of the Attornyes of
                 both Sides and doe report as tolloweth vizt that the defendL 5hap-
                 leigh Ought to deliver unto the plaintiff bills for three thousand Six
                 hundred and forty pounds of tobacco uncancelled which he received
                 of the plaintiff the 22th ffebruary 1670 or if he cannot deliver the
                 Said bills then that the Said Shap!eigh ought to pay the tobacco
                 abovementioned to the Said Lindall according to a noate under the
                 Said Shapleighs hand dated the 22th ffebruary 1670 and to them
                 produced and by them Signed.
                   Therefore it is Considered by the Court here that the Said Tim
                 othy Lindall recover against the Said Philip Shapleigh aswell the
                 Said Summe of three thousand Six hundred and forty pounds of
                 tobacco the debt aforesaid as also the Summe of foure hundred
                 thirty One pounds of tobacco for his costs and charges in this
                 behalfe expended, and that upon payment of the Said tobacco the
                 Said Philip may be impowered to recover the abovespecified bills.

                 Henry Aspinall
                                  agt
                 Stephen Murty
                        these two causes agreed.
                 John Browne
                   agt
                 Wm King