98   Provincial Court Proceedings, 1673.




         Liber M M   p Cent for selling the said sevrall goods wares and Marchandizes,
                 and Receiving the Tob for the same and also the Tobacco due to
                 the said John Gilbert upon the said sevrall bills he the said Philip
                 would well and truly pay unto the said John Gilbert, the produce and
                 vallue of the said goods wares & Marchandizes as also of the said
                 sevrall bills Nevertheles the said Philip his promise and assumption
                 so as aforesayd little reguarding but shifting and fraudulently in
                 tending the said John Gilbert of the said forty Two Thowsand
                 Eight hundred ninety and three pounds of Tobacco the produce of
                 the said goods and Debts due upon the said bills to the said John
                 Gilbert hath not payd or satisfyed although he hath beene there-
                 unto oftentimes Required but the same to him to pay hath hitherto
                 Denyed and as yet doth deny by meanes whereof the said John
                 Gilbert the whole game proffit and advantage which he the said John
                 with his said Tobacco, by buying and selling and lawfully bargain
                 ing might have had and gained altogether hath lost to the Damage
                 of the said John Gilbert 50000lbs Tobo and thereupon he bringeth
                 his suite.
                   And the said Philip by Kenelm Chiseldine his Attorney doth come
                 & Defend the force and injury when &c and saith he did not promise
                 and assume in manner and forme as the pfl above in his Declaration
                 hath Declared against him and of this he puts himself upon the
                 Country, and the said John likewise.
                   Therefore Comand is given to the Sheriff of St Maryes County
                 that he Cause to Come here the tenth day of December next before
                 the Justices of the Provincial Court Twelve &c by whom &c who
                 neither &c because aswell &c who neither &c to Recognize &c and
                 the same day is given to both partyes.
                   At which day that is to say the Tenth day of December in the 40th
                 yeare of the Dominion of Caecilius & Annoq Domini 1673. came
                 aswell the said John Gilbert by the said John Rousby his Attorney
                 as the said Philip Shapleigh by the said Kenelm Chiseldine his At
                 torney and the Juros of that Jury likewise came, but in this Cause
                 the Declaration being filed, and the Defendt having pleaded there-
                 unto, and put himself upon the Country to try the issue, and the
                 plt having Joined issue with him, and the Attornyes of both sides
                 being prsent in Cort, and Consenting that the Defendt shall account
                 with the pfl It is the Judgemt of this Court here that the defendt
                 doe account with the plt sometime betweene this and the next Pro
                 vincial Cort, and the Court doe hereby appointe Empower and
                 desire Mr Benjamin Rozer and W Thomas Dent to take the paines
                 handing in said account, and view all papers touching this Cause,
                 and make their Report to the Cort here sometime towards the End
                 of the next Cort how they advise it and to retorne the account Ex
              amined and stated as in their Judgemts they shall see fit to his Lopps
                 Justices here by the End of the next Provinciall Cort that his Lopps