452        Provincial Court Proceedings, 1676.

             Liber N N John Abington
                       agt    this cause Stayed by injunction.
                   Barnard Johnson

              P. 282 Joshua Williamson Garret Vansweringen late of st Maries Citty
                        agt Inholder was attached to answer unto Joshua
                Garret Vansweringen   Williamson of a plea of trespas upon the
                                  case.
                     And whereupon the said Joshua by Robert Ridgely his Attorny
                   complaineth that whereas the said Garret the 20th day of October
                   1674 in consideration that the sd Joshua Williamson would discharge
                   Isaac ffoxcroft of a certaine debt of three thousand Seaven hundred
                   & One pounds of tobacco which the said ffoxcroft owed the said
                   Wmson and the said Vansweringen owed the said ffoxcroft the said
                   Vansweringen did assume upon himselfe & to the said Joshua did
                   faithfully promise that he the said Garret him the said Joshua the
                   said summe of three thousand Seaven hundred & One pounds of
                   tobacco to him the said Joshua would well & truly content & pay
                   when thereunto required And the said Joshua in fact saith that
                   trusting to the faithfull pmise of the said Garret to him the said
                   Joshua so as aforesaid made, he the sd Joshua him the said Isaac
                   ffoxcroft from the said debt of three thousand Seaven hundred &
                   One pounds of tobacco did discharge & acquit Yet the aforesaid
                   Garret his promise & assumption so as aforesaid made not regard-
                   ing but deviseing & fraudulently intending him the said Joshua in
                   this behalf e craftily & Subtilly to deceive & defraud of the said
                   summe of three thousand Seaven hundred & One pounds of tobacco
                   the said summe of three thousand Seaven hundred & One pounds of
                   tobacco to him the said Joshua though often thereunto required ac-
                   cording to his promise hath not paid. but the same to pay hath denyed
                   & as yet doth deny to the damage of the said Joshua five thousand
                   pounds of tobacco & thereupon he bringeth his suite.
                     And the said Garret by John Jones his Attorny cometh & defend-
                   eth the force & injury when &c & Saith he did not assume in manner
                   & forme as is above exprest & the said Joshua produced here in Court
                   a certaine note under the hand of the said Garret wherein the said
                   Garret did assume in manner & forme as is above declared.
                     Whereupon it is granted by the Court here the eight & twentith
                   day of April Anno 1677 That the said Joshua Williamson recover
                   against the said Garret the summe of three thousand Seaven hun-
                   dred & One pounds of tobacco damages occasioned by the trespas
                   aforesaid as also the summe of five hundred thirty & six pounds
                   of tobacco costs of suite.