438        Provincial Court Proceedings, 1676.

             Liber N N     had Some communication with him the said Jonathan touching the
                  letting to hire to them (being joyntly concerned in Keepeing a
                  Store together) a certaine roome belonging to the said Jonathans
                  dwelling house for them the said Edward & Joseph to Keepe a
                  Store in & for their accomodations with the said Jonathan for
                  dyet washing & lodging for five or six months, they the said Edward
                  & Joseph at last came to this conclusion together with the said Jona-
                  than that they should for such Store & accomodations as they should
                  haue at the said Jonathans house as aforesaid pay & allow unto him
                  the said Jonathan for the first two months that they should Stay
                  there the summe of fifteen hundreds pounds of tobacco & for the
                  other three or foure months if they should stay there so long only
                  One thousand pounds of tobacco p month & so after that rate for a
                  lesser time & thereupon the said Jonathan did lett to hire to them
                  a Roome to Keepe Store in as aforesaid In consideration whereof
                  they did joyntly & Severally assume upon themselves and to the
                  Said Jonathan faithfully promise that they would well & truly
                  Satisfie & pay unto him the said Jonathan the said fifteene hundred
                  pounds of tobacco p month for the first two months & One thousand
                  pound of tobacco for the other three or foure months as aforesd
                  for their Store & accömodations aforesaid when they should be
                  thereunto requested And the said Jonathan in fact saith that the
                  said Edward Gunnell & Joseph Seyres tooke possession of the said
                  Store about the twentith day of January 1676 and there continued
                  till the ninetenth day of July then next following being in all six
                  months & dureing all that time were well & Sufficiently accom-
                  modated with meate drinke washing & lodgeing which according to
                  the rates aforesaid comes to the summe of Seaven thousand pounds
                  of tobacco Yet notwithstanding the said Edward Gunnell and the said
                  Joseph Seyres nor either of them the said summe of Seaven thousand
                  pounds of tobacco to him the said Jonathan though often there-
                  unto requested have not paid or satisfied according to their promise
                  and assumption aforesaid but the same to pay doe altogether deny
                  & refuse to the damage of the said Jonathan ten thousand pounds of
                  tobacco & thereupon he bringeth his suite.
                    And the said Edward Gunnell by Mathew Warde his Attorny
                  cometh & defendeth the force & injury when &c & Saith that he did
                  not assume in manner and forme above against him declared & this
                  he prayes maybe enquired off by the Country & the said Jonathan
                  also. Whereupon it is comãnded the Sheriff that he cause to come
                  here twelve &c Now here at this day to witt the 28th day of April
                  Anno Dom 1677 Came the partyes aforesaid by their said Attornyes
                  & the jurors of that jury also came to witt Edward English Marma-
                  duke Semme Samuel Raspin Thomas Russell John Darby John
                  Barnes John Waghop Jno Hyland ifrancis Swinfen James Rumsey
                  Thomas Spinke & Michael Miller who being impannelled SurnOned