408        Provincial Court Proceedings, 1676.

           Liber N N  pounds of butter at foure pounds of tobacco for every pound of
                  butter, and also the third day of April then next following at the
                  like speciall instance & request of the said John sold & delivered unto
              P. 252  the said seventy pounds of butter at five pounds of tobacco for every
                  pound of butter which does amount too in the whole the summe
                  of eleaven hundred and ten pounds of tobacco In consideration
                  whereof the said John did assume upon himselfe and to the said Wm
                  did faithfully promise that he the said John the said Summe of
                  eleaven hundred & ten pounds of tobacco to him the said Wm when
                  thereunto required would well & truly content & pay notwithstanding
                  which the said John Waghob his promise and assumption so as afore-
                  said made not regarding but craftily deviseing & fraudulently intend-
                  ing him the said wm of the said summe of eleaven hundred & ten
                  pounds of tobacco craftily & Subtilly to deceive and defraud the said
                  eleaven hundred & ten pounds of tobacco to him the said Wm though
                  often thereunto required hath not paid & Satisfied but the same to
                  pay & satisfie hath refused & denyed and to pay the same as yet doth
                  refuse & deny to the damage of the said Wm eighteen hundred pounds
                  of tobacco & thereupon he bringeth his suite.
                    And the said John by Kenelm Cheseldyn his Attorny cometh &
                  defendeth the force & injury when &c and prayeth liberty to imparle
                  hereunto untill the next Court & it is granted him the same day is
                  given to the said Wm. Afterwards to wit the 28th day of November
                  Anno 1677 Came the said Wm by his Attorny aforesaid & Saith
                  he did not assume in manner & forme as the said Wm hath above
                  declared agt him, and the Said Wm being then present in Court made
                  Oath to the delivery of the butter abovesaid whereupon the said
                  John by his said Attorny prayed further day and it is granted unto
                  him. Now here at this day to wit the six and twentith day of April
                  Anno 1677 Came the said Wm by his Attorny aforesaid & the said
                  John by his Attorny came also and the said John Saith nothing in
                  barr or avoidance of the action aforesaid of him the said William
                  Whereupon it is granted by the Court here that the said Wm Cole-
                  borne recover against the said John Waghob aswell the summe of
                  eleaven hundred & ten pounds of tobaccco damages Occasioned by the
                  trespas aforesaid as also the summe of five hundred fifty two pounds
                  of tobacco costs of suite & the said John in mercy &c.

                  John Gardner
                                    agt
                  James Ringold
                  Wm Porter
                     agt       these three causes are discontinued
                  Henry Mitchell
                  Thomas Jackson
                                    agt
                                 Wm Young