650  Provincial Court Proceedings, 1675.




          Liber M M  enty till the said ninth day of March One thousand six hundred
                  seventy three a particular whereof is hereunto annexed amounting
                  in the whole to the summe of foure thousand five hundred eighty
              p. 626 three pounds of tobacco he the Said Marke did in consideration
                  thereof assume upon himselfe & to the Said Evan did faithfully
                  promise that he the said Marke the said Sume of foure thousand
                  five hundred eighty three pounds of tobacco to him the said Evan
                  when he should be thereunto required well & truly would satisf [ie]
                  and pay but the said Mark his Promise aforesaid not regarding the
                  said Summe of foure thousand five hundred eighty three pounds of
                  tobacco to him the said Evan though thereunto requested hath not
                  paid or Satisfied but the same to pay doth deny & refuse to the dam
                  age of the said Evan Six thousand pounds of tobacco & there
                  upon he bringeth his Suite.
                   And the said Mark by Keneim Cheseldyn his Attorny cometh and
                  defendeth the force & injury when &c and prayeth liberty to im
                  parle here untill next Court & it is granted him the same day is given
                  to both parties here.
                   Now here at this day to wit the five & twentith day of Novem
                  ber in the 44th yeare of the Dominion of Caecilius &c came the said
                  Evan by his Attorny aforesaid & the said Marke by his Attorny
                  came likewise and the said Marke Saith that he did not promise and
                  assume upon himself e in manner & forme as the said Evan hath
                  above declared against him and of this he putts himselfe upon the
                  Country and the plaintiff likewise Therefore it is comanded the
                  Sheriff that he cause to come here twelve &c.
                   At which said five & twentith day of November in the yeare afore
                  said came the parties aforesaid & the jurors of that jury came like
                  wise to wit John Gittings Wm Thomas Arthur Wright Peter Watts
                  Jn° Tant Richard Meekins Wm Hemsley Raymond Stapelfort John
                  Brookes John Hollins Henry Turner & Henry Exon who being im
                  pannelled summoned & Sworne to Say the truth in the premisses upon
                  their Oathes doe Say Wee find for the plaintiff due upon his accompt
                  three thousand eight hundred eighty three pounds of tobacco and
                  the bill to be delivered to the said Carew againe therefore it is con
                  sidered by the Court here that the said Evan recover against the
                  said Marke the summe of three thousand eight hundred eighty
                  three pounds of tobacco for his damages occasioned by the trespas
                  aforesaid as also the summe of One thousand seven[ty] One for his
                  costs & charges in this behalf e laid Out & expended
                   To Mr Kenelm Cheseldyn one of the Attornyes of the Provinciall
                  Court.
                   These are to desire you to appeare for me in two suites comenced
                  against me by Evan Carew upon actions of the case & to plead to
                  the same confess judgmt or let judgmt passe by dafault inhil dicit
                  or as in your discretion you thinke best & convenient & for your so