Provincial Court Proceedings, 1673.   97



      Court brought did binde himself his heires Executors and Adminis- Liber M M
      trators to pay unto him the said Thomas Notley, or to his Executors
      Admrs or assignes at his the said Nehemiahs owne Dwelling planta
      tion in St Clemons Mannor in the County aforesayd the Just sufñe
      or quantity of Nine thowsand Seaven hundred and nineteene pounds
      of good sound bright Marchantable leafe Tobacco with Casque to
      Conteine it to be payd at or before the first day of October next
      Ensueing the date of the said bill, Notwithstanding the said
      Nehemiah Blackiston, the said sume of nine Thowsand Seaven hun
      dred and nineteene pounds of Tobacco though often thereunto Re
      quired hath not payd to the greate Damage of ye said Thomas
      Notley, whereupon he saith he is Damnifyed and hath losse to the
      vallue of Twelve Thowsand pounds of Tobacco, and thereupon he
      bringeth his suite.
        And the aforesayd Nehemiah Blackiston by Nicholas Best his
      Attorney doth Come and Defend the force and injury when &c and
      the said Nicholas saith that he is not informed by the said Nehemiah
      his Client of any answere to be given thereunto as to the said nine
      thowsand Seaven hundred and nineteene pounds of Tobacco, where
      fore it is by the Cort here Considered that the said Thomas Remaine
      agt the said Nehemiah as to the said sume of Nine Thowsand seaven
      hundred and nineteene pounds of Tobacco wholy undefended, and
      also that the said Thomas Recover agt the said Nehemiah aswell ye
      said sume of nine thowsand Seaven hundred & nineteene pounds of
      Tobacco as also the sume of three hundred fifty and two pounds of
      Tobacco for his Costs and Charges Expended in the said suite.

      John Gilbert Philip Shapleigh late of St Maryes County was
          agt attached to answere unto John Gilbert in a plea of
      Philip Shapleigh Trespas upon the case.
        And whereupon the said John by John Rousby his Attorney saith
      that whereas the said Philip the 7th day of Aprill in the yeare of our
      Lord 1668 & in the 37th yeare of the Dominion of Caecilius &c in
      Consideration that the said John Gilbert at the Special Instance and
      Request of the said Philip Delivered to him the said Philip to the
      propper use and behoofe of the said John Gilbert diverse goods
      wares and Marchandizes, and also diverse bills for severall quantityes
      of Tobacco to the said John Gilbert then due & oweing by Severall p. 34
      persons within this Province from the said Seaventh day of April
      aforsayd till the two and Twentieth day of Aprill in the yeare of our
      Lord 1670. a particuler of which said bills and also of the said
      goods wares and Marchandizes is by the said John Gilbert here in
      Court brought amounting in all to the vallue of forty Two Thousand
      Eight hundred ninety and three pounds of Tobacco, the said Philip
      upon himselfe did assume, and to the said John Gilbert faithfully
      promised in Consideration that the said John would allow him 201