110       Provincial Court Proceedings, 1677.

             Liber N N  the said Pope did assume upon himselfe and to the said Joseph did
                    faithfully promise that he the said pope the said Summe of five
                    thousand two hundred Seventy two pounds of tobacco when there-
                    unto required would well and truly content and pay notwithstanding
                    which the said Pope the said summe of five thousand two hundred
                    Seventy two pounds of tobacco to him the said Joseph though often
                    thereunto required hath not paid to him the said Joseph but the same
                    to pay hitherto hath and Still doth deny to the damage of the said
                    Joseph the summe of seven thousand pounds of tobacco & there
                    upon he bringeth his suite.
                      And the said Pope by Robert Carvile his Attorny cometh and
                    defendeth the force and injury when &c and prayeth liberty to im
                    parle hereunto untill the next Court and it is granted him the same
                    day is given to the said Joseph Hext.
                      Att which next Court to wit the eighth day of October in the
                    yeare of Our Lord One thousand six hundred Seventy seven came
                    the said Joseph by his said Attorny and offered himself e against the
                    said Pope in the plea aforesaid but the said Pope came not but made
                    default and the Said Joseph haveing acknowledged himselfe Satis
                    fied & paid three thousand pounds of tobacco part of the accompt
                    abovesaid Therefore it is granted by the Court here that the said
                    Joseph Hext recover against the said Pope Alvey the summe of two
                    thousand pounds of tobacco damages occasioned by the trespas afore
                    said as also the sume of five hundred fifty two pounds of tobacco
                    costs of Suite and the said Pope in mercy.

                   Arthur Carleton admr of
                      Thomas Carleton
                                     agt
                   Richard Bayly
                                   Wm Pyper
                                     agt
                   Thomas Smith
                   Jno Addison & Rebecca
                   his wife exrs Tho: Dent these five causes are continued untill
                           ag December Court next.
                   Thomas Potter admr of
                      George Marshall
                   James Connaway
                                     agt
                   Ralph Sedgwick
                   George Parker
                                     agt
                   Edward English admr of
                   Roger Thorpe.