Provincial Court Proceedings, 1674.  419




      Susanna had bargained Sold and delivered unto her the said Susanna Liber M M
      Six breeding Sowes and One grinstone the Said Susanna did assume
      upon her selfe & to the said Justinian did then and there faithfully
      promise that she the said Susanna would upon demand Satisfie &
      pay unto him the said Justinian asmuch as the said Six Sowes &
      One grindstone were worth And the said Justinian in fact Saith p. 420
      that the said Six Sowes were well worth eighteene hundred pounds
      of tobacco and the said Grindstone was well worth fifty pounds of
      tobacco Yet the aforesaid Susanna while she was Sole nor the a fore
      said John and Susanna since the nuptialls betweene them cele
      brated the promise and assumption aforesaid of her the said Susanna
      to him the said Justinian in forme as aforesaid made little regard
      ing but deviseing & fraudulently intending him the said Justinian in
      this behalfe craftily and Subtilly to defraud & deceive the said eight
      eene hundred and Sixty pounds of tobacco to him the said Justinian
      according to the promise and assumption aforesaid of her the said
      Susanna to the said Justinian made as aforesaid hath not paid nor
      him for the same in any manner contented or satisfied though
      often demanded by him the said Justinian of the said Susanna
      while she was Sole and of the said John and Susanna since the
      espousalls betweene them Solemnized but the same to pay have re
      fused & denyed and yet doe refuse and deny to the damage of the
      said Justinian three thousand pounds of tobacco And thereupon he
      bringeth his suite
        And the said John and Susanna by Kenelm Cheseldyn their At
      torny doth come and defend the force and injury when &c and Say
      they did not promise and assume upon themselves in manner and
      forme as the said Justinian in his declaration above hath declared
      against them and of this they putt themselves upon the Country and
      the said Justinian likewise therefore it is corñanded the Sheriff of
      St Maries County that he cause to come here twelve &c
        Now here at this day to wit the 12th day of December in the 43th
      yeare of the Dominion of Caecilius &c Annoq Dom One thousand
      Six hundred Seventy foure came the said Justinian Gerard by his
      Attorny and the said John Coode and Susanna his wife by their
      Attorny and the jurors of that jury likewise came to wit Philip
      Lynes Abraham Rhoades Richard Ridgall James William Tobias
      Wells Michael Miller John Rice George Charlsworth John Bigger
      Edward Skidmore Lodowick Williams and Stephen Murty who
      being impannelled SumOned and Sworne to Say the truth in the
      premisses upon their Oathes doe say Wee find for the plaintiff that
      the defendant pay unto him twelve hundred and Sixty pounds of
      tobacco with costs. Therefore it is considered by the Court here
      that the said Justinian recover against the said John Coode aswell
      the summe of twelve hundred & Sixty pounds of tobacco occasioned
      by the trespas aforesaid as also the summe of fifteen hundred & nine