644  Provincial Court Proceedings, 1675.



         Liber M M Isaac  ffoxcroft Thomas Collen late of Plymouth Marriner was at
                     agt tached to answer; Isaac ffoxcroft of a plea of tres
               Thomas Collen   pas upon the case And whereupon the Said Isaac
                            by Robert Ridgely his Attorny complaineth that
                            whereas the Said Isaac the twentith day of Janu
                 ary One thousand six hundred Seventy three Stood indebted to the
                 Said Thomas the full Sume of Six thousand foure hundred Seventy
                 & five pounds of tobacco and in consideration that the Said Isaac
                 ffoxcroft at the Speciall instance & request of him the Said Thomas
                 Collen would deliver unto him the Said Thomas Severall bills &
                 noates for tobacco due to him the Said Isaac a particular whereof
                 is here in Court produced amounting in the whole to the summe of
                 Sixteene thousand One hundred fifty Seaven pounds of tobacco with
                 orders to the Severall persons debitors to the said Isaac upon the
             p. 620  bills & notes aforesaid to pay the Same unto the Said Thomas Collen
                 the said Thomas Collen did assume upon himselfe & to the said
                 Isaac did then & there faithfully promise that he the said Thomas
                 what tobacco upon the Same that he should receive more then
                 amounted to the Said Summe of Six thousand foure hundred Sev
                 enty five pounds of tobacco due to him from the Said Isaac as afore
                 said he the Said Thomas the Overplus thereof would well and truly
                 to the said Isaac Satisfie and pay And the Said Isaac in fact Saith
                 that he trusting to the faithfull promise of the Said Thomas did
                 deliver unto him the Said Thomas the Severall bills & notes for
                 tobacco aforesaid amounting to the Summe of Sixteen thousand
                 One hundred fifty Seaven pounds of tobacco together with orders
                 to the Severall persons debitors to the Said Isaac upon the said
                 bills & noates to pay the Same unto the said Thomas And the said
                 Isaac in fact further Saith that the Said Thomas Collen upon the
                 Said bills & noates over & above the Said Six thousand foure hun
                 dred Seventy five pounds of tobacco which the Said Isaac to the
                 Said Thomas Stood indebted as aforesaid did receive of the Severall
                 persons therein named the Summe of Six thousand five hundred
                 eight pounds of tobacco Notwithstanding which the said Thomas
                 Coll[en] his promise & assumption So as aforesaid made not re
                 garding but endeavoring and fraudulently intending him the Said
                 Isaac of the Said Summe of Six thousand five hundred & eight
                 pounds of tobacco So paid over & above as aforesaid craftily &
                 Subtilly to defraud and deceive the Said Six thousand five hundred
                 & eight pounds of tobacco to him the said Isaac according to his
                 promise & assumption aforesaid hath not paid or hitherto given any
                 content for the Same but the same to pay or Satisfie hath denyed
                 & as yet doth deny to the damage of the said Isaac ten thousand
                 pounds of tobacco And thereupon he bringeth his suite.
                   And the said Thomas Collen by Robert Carvile his Attorny corn
                 eth and defendeth the force and injury when &c and prayeth liberty