122       Provincial Court Proceedings, 1677.

             Liber N N  in Charles County aforesaid Stood indebted unto him the said
                     Mathew Nelson for divers goods and merchandize by the said
                     Mathew to him the said John Sould & delivered a particular whereof
                     is here in Court produced amounting together to the summe of
                     eleaven thousand & flinty pounds of tobacco, in consideration whereof
                     the said John did assume upon himself e & to the said Mathew did
                     faithfully promise that he the said John when thereunto required
                     the said Summe of eleaven thousand & flinty pounds of tobacco to
                     him the said Mathew would well & truly content & pay notwithstand-
                     ing which the said John his promise & assumption in that behalfe litle
                     regarding but endeavouring and fraudulently intending him the said
                     Mathew of the said summe of eleaven thousand & ninty pounds of
                     tobacco to deceive the same summe of eleaven thousand & flinty
                     pounds of tobacco though often thereunto required hath not paid
                     to him the said Mathew but the same to pay hath denyed & still doth
                     altogether deny whereupon the said Mathew Nelson Saith he is
                     dampnified & hath losse to the value of sixteene thousand pounds of
                     tobacco & thereupon he brings his suite.
                      And the said John Allen by John Jones his Attorny cometh &
                     defendeth the force and injury when &c and prayeth liberty to im-
                     parle hereunto untill the next Provinciall Court the same day is
                     given to both partyes. Now here at this day to wit the eighth day
                     of October Anno Doth One thousand six hundred seventy seaven
                     Came the said Mathew by his said Attorny and Offered himselfe
                     against the said John Allen in the plea aforesaid but the said John
                     Allen came not but made default & the said Mathew haveing pro-
                     duced his said accompt being Sworne too before the Honble the
                     Govrnour that there justly remaineth due to him upon the said ac-
                     compt the summe of Eight thousand two hundred fifty Eight pounds
                     of tobacco. Whereupon it is considered by the Court here That the
                     said Mathew Nelson recover against the said John Allen the summe
                     of Eight thousand two hundred fifty eight pounds of tobacco dam-
                     ages Occasioned by the trespas aforesaid as also the summe of seaven
                     hundred and three pounds of tobacco costs of suite & the said John
                     Allen in mercy &c.

                    Mathew Nelson John Cane and Edmund Denis late of Charles
                        agt County planters were attached to answer unto
                     John Cane and Mathew Nelson of a plea of trespas upon the case.
                      Edmond Denis And whereupon the said Mathew Nelson by
                                Christopher Rousby his Attorny complaineth that
                     whereas the said John & Edmond the fifth day of November One
                     thousand six hundred seventy six Stood indebted unto him the
                     said Mathew for divers goods & merchatLdiLc by him thc 3aid Mathew
                     to them the said John & Edmond, Sold & delivered at the Store of
                     him the said Mathew in Charles County aforesaid in the whole