6oo  Provincial Court Proceedings, 1675.


         Liber M M Now here at this day to wit the twentith day of November in the
                 44th yeare of the Dominion of Caecilius &c Annoq Doth 1675 Came
                 the said Richard Whitty in his proper person in the Custody of the
                 Sheriff and saith nothing in barr of the action aforesaid of him
                 the said John Harris for that he oweth unto the said John the debt
                 aforesaid Therefore it is considered by the Court here that the said
                 John recover against the said Richard the said summe of three thou
                 sand two hundred pounds of tobacco the debt aforesaid as also the
                 summe of five hundred and twelve pounds of tobacco costs of Suite
                 & the said Richard in mercy.

                John Harris admr Richard Whitty late of Somersett County
                  Thomas Sunderby Cooper otherwise called Richard Whitty of
                     agt       Somersett County was Sumoned to answer
                 Richard Whitty unto John Harris admr of all and Singular
                               the goods chattells & creditts of Thomas Sun-
                               derby deceased of a plea that he render unto
                               him the full & just sume of fiveteen thousand
                               Six hundred fifty five pounds of good Sound
                               merchantable tobacco & caske which from him
                               he unjustly deteineth
                  And whereupon the said John Harris by Robert Ridgely his At
                 torny Saith that whereas the said Richard the eighth day of Janu
                 ary in the yeare of Our Lord 1672 by his certaine bill Obligatory
                 Sealed with the Seale of the said Richard & here in Court produced
                 whose date is the day & yeare aforesaid did bind himselfe his heirs
                 executors administrators or assignes to pay or cause to be paid unto
                 the said Thomas Sunderby his heirs executrs admrs or assignes the
                 full & just Summe of fifteen thousand six hundred fifty & five pounds
                 of good sound merchantable tobacco and caske without ground leaves
                 or Seconds to be brought on board the Shipp Society riding in
                 Leonards Creeke within thirty dayes after the date abovewritten
                 Yet the aforesaid Richard Whitty the said summe of fifteene thou
                 sand Six hundred fifty five pounds of tobacco to him the said
                 Thomas Sunderby in his life tyme, nor to the said John Harris
                 since his death to whom administration of all and Singular the goods
                 Chattells & Ureditts of the said Thomas Since his death was corn
                 rnitted hath not paid according to the tenor of the Same bill though
                 often thereunto required but the same to pay hath refused & as yet
                 doth refuse to the damage of the said John Harris the summe of
                 twenty thousand pounds of tobacco & thereupon he bringeth his suite
                  And the Said John bringeth into Court here the Letters of admin
             p. 578 istration to him granted of all and singular the goods Chattells and
                 Creditts of the said Thomas That it may appeare to the Court here
                 that he is the admr of the Said Thomas &c
                  Now here at this day to witt the twentith day of November in the