374  Provincial Court Proceedings, 1674.




         Liber M M  and charges in this behalfe laid Out and expended and the Said John
                 in mercy.

                  Henry Aspinall
                    agt
                  Stephen Murty
                  John Browne
                    agt
                  William King
                  Hugh Magarro
                    agt      these five causes agreed.
                  Robert Doyne
                  John Quigley
                    agt
                  William Berry
                  John Quigley
                    agt
                  James Berry

                Charles Delaroch Tobias Wells late of Kent County executor of
                     agt the last will and Testament of Mary Pyne de
                  Tobias Wells executr ceased was Sumãned to answer unto Charles
                   Mary Pyne Delaroch in a plea that he render unto him the
                               summe of One thousand pounds of tobacco
                               which from him he unjustly deteineth
                   And whereupon the Said Charles by Kenelm Cheseldyn his At
                 torny Saith that whereas the Said Mary in her life time to witt the
                 fifth day of March in the yeare 1672 did by her certaine writeing
                 Obligatory Sealed with the Seale of the Said Mary here in Court
                 produced whose date is the day and yeare abovewritten bind her
                 Selfe her heirs executors administrators or assignes to pay or cause
                 to be paid unto the Said Charles Delaroch his heirs executrs adminis
                 trators or assignes the just and full Summe of One thousand pounds
                 of good Sound merchantable tobacco and caske at or upon the tenth
             p. 283 day of October next ensueing the date thereof Notwithstanding
                 which the Said Mary Pyne the Said Summe of One thousand pounds
                 of tobacco though often thereunto required to him the Said Charles
                 in her life time hath not paid according to the tenor of the Said bill
                 nor the Said Tobias Since her death executor of the last will and
                 Testament of the Said Mary but the same to pay hitherto hath and
                 Still doth altogether deny to the damage of the Said Charles two
                 thousand pounds of tobacco And thereupon he bringeth his Suite.
                   And the Said Tobias by Robert Carvile his Attorny cometh and
                 defendeth the force and injury when &c and Saith that the aforesaid
                 Charles Ought not to have his action against him because he Saith
                 he hath fully administred all the goods and Chattells that were of