Provincial Court Proceedings, 1675.  641




       the fiftenth day of September in the yeare of Our Lord 1672 in Liber M M
       consideration that the Said Christopher at the Speciall instance &
       request of her the Said Mary would Serve her the Said Mary in the
       receiving of her debts and manageing her businesse and affairs as her
       Steward and Bayliff from the said fiftenth of September for One
       whole yeare then next following and afterwards So long as both
       parties should agree the said Mary did assume upon her Selfe and
       to the said Christopher did faithfully promise that she the said Mary
       would pay unto the said Christopher the summe of foure thousand
       pounds of tobacco & caske for the Said yeares Service when there-
       unto required & also would pay unto the Said Christopher propor- p. 6r7
       tionably to the said foure thousand pound[s] of tobacco p annum
       for any time he should Serve her over & above the Said yeare And
       the Said Christopher in fact Saith that trusting to the faithfull prom
       ise & assumption of the Said Mary to him the Said Christopher So
       as aforesaid made he the said Christopher the Said Mary in the
       Office & imployment aforesaid did Serve from the Said fiftenth day
       of September in the yeare aforesaid untill the fiftenth day of Octo
       ber in the yeare One thousand Six hundred Seventy three being
       thirteene months which at the rate of foure thousand pounds of
       tobacco p annum amounteth to in the whole the Summe of foure
       thousand three hundred thirty three pounds of tobacco Yet the
       Said Mary in her life time nor the Said Tobias executor of the last
       will & Testament of the Said Mary Since her death the Said Christo
       pher the Said Summe of foure thousand three hundred thirty three
       pounds of tobacco have not paid or Satisfied though often there-
       unto required but the Same to pay or Satisfie hath refused and
       denyed & as yet doe refuse & deny to the damage of the Said Christo
       pher Six 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 prayeth liberty of
       Speakeing hereunto untill next Court and it is granted him the Same
       day is given to both parties here.
        Att which said next Provinciall Court to wit the Sixtenth day
       of November in the 44th yeare of the Dominion of Caecilius &c Came
       the Said Christopher by his Attorny aforesaid & offered himself e
       against the said Tobias in the plea aforesaid & the Said Tobias like
       wise by his Attorny came and the said Tobias Saith that the said
       Mary in her life time nor the said Tobias Since her death did not
       make Such promise and assumption to the Said Christopher as the
       said Christopher hath above against him declared and of this he putts
       himselfe upon the Country and the Said plaintiff likewise Therefore
       it is comanded the Sheriff that he cause to come here twelve &c who
       neither &c by whom &c to recognize &c because aswell &c.
        Afterwards to wit the twentith day of November in the yeare