Provincial Court Proceedings, 1674/5. 531




     being in his life time indebted to the Said Christopher and Thomas Liber M M
     in the summe of eleaven thousand One hundred eighty two pounds
     of good Sound merchantable tobacco and caske for divers wares and
     merchandizes by him the said Sampson received of the said Christo
     pher and Thomas in consideration whereof the said Sampson did
     assume upon himself e and to the said Christopher and Thomas laith
     fully promise that he the said eleaven thousand One hundred eighty
     two pounds of tobacco would well & truly pay when he should be
     thereunto required Neverthelesse the Said Sampson in his life time
     nor the said John and Sarah to whom administration of all and
     Singular the goods and chattells of the Said Sampson Since his
     death hath bin committed the Said promise little regarding but de
     viseing to deceive and defraud the Said Christopher and Thomas in
     this behalfe the Said summe of eleaven thousand One hundred eighty
     two pounds though often thereunto required hath not paid but the
     same to them to pay the said Sampson in his life time hath refused
     and the Said John and Sarah hitherto have denyed and refused to
     pay or Satisfie whereupon they Say they are dampnified and have
     losse to the value of twenty thousand pounds of tobacco And there
     upon they bring their Suite
       And the Said John and Sarah by John Rousby their Attorny
     comes and defend the force and injury when &c and say that they
     cannot gainesay the action aforesaid because they Owe the Said
     eleaven thousand One hundred eighty two pounds of tobacco in Such
     manner and forme as the said Christopher and Thomas have above
     declared against them therefore it is considered that the Said
     Chrystopher and Thomas shall recover against the said John and
     Sarah the said Summe of eleaven thousand One hundred eighty two
     pounds of tobacco and pounds of tobacco for costs
     of Suite and the said John and Sarah thereof in mercy.
       To Mr John Rousby or any other of the Attorynes of his Lord- p. 517
     shippes Provinciall Court, These are to desire you or either of you
     to make declaration for me John Hance and Sarah my now wife
     executrix of the last Will and Testament of Sampson Wareing late
     of the Clifts in Calvert County Gent deceased at the Suite of Chris
     topher Johnson and Thomas Elwes both of London merchants for
     the full Summe & just quantity of eleaven thousand One hundred
     eighty and two pounds of good Sound merchantable tobacco and
     caske justly due and Oweing Out of the estate of the aforesaid
     Sampson Wareing deceased unto them the said Christopher John
     son and Thomas Elwes and thereupon to confesse a judgmt either
     by non sum informatus nihil dicit or otherwise as you shall thinke
     fitting and this shalbe your Sufficient warrant As wittnes Our hands
     and seales this Sixth day of ffebruary Annoq Dom 1674
     Testes                   John Hance (Sealed)
       Hen: Jowles             the marke of
       Wm Parker.             Sarah Hance (Sealed)