124        Provincial Court Proceedings, 1677.

             Liber N N  here in Court produced amounting to the summe of Seaven thousand
                    nine hundred fifty five pounds of tobacco In consideration whereof
                    the said George did assume upon himselfe & to the said Mathew did
                    faithfully promise that he the said George when thereunto required
                    the said sume of seven thousand nine hundred fifty five pounds of
                    tobacco unto him the said Mathew Nelson would well & truly content
                    & pay Yet the said George his promise & assumption in that behalf e
                    not regarding but endeavouring & fraudulently intending him the
                    said Mathcw of the said summe of Seven thousand nine hundred
                    fifty five pounds of tobacco to deceive the said summe of seven
                    thousand nine hundred fifty five pounds of tobacco though often
                    thereunto required unto the Said Mathew hath not paid but the
                    same to pay hath denyed & Still doth deny whereupon the said
                    Mathew saith he is dampnified & hath losse to the value of tenn thou
                    sand pounds of tobacco & thereupon he bringeth his suite.
                      And the said George by John Jones his Attorny cometh & de
                    fendeth the force and injury when &c and prayeth liberty of Speake
                    ing hereunto untill the next Court, the same day is given to both
                    partyes.
                      Now here at this day to witt the eighth day of October Anno
                    Doth One thousand six hundred seventy Seaven Came the said
                    Mathew by his said Attorny & offered himself e against the said
                    George in the plea aforesaid but the said George came not but made
                    default & the said Mathew haveing produced the said accompt to
                    the Court here and it appeareing upon Oath here, taken by the said
                    Mathew before the Honble the Governour that there remaineth due
                    to the said Mathew upon ballance of the said acct the Summe of three
                    thousand eight hundred fifty Seaven pounds of tobacco. Where
                    upon it is. granted by the Court here That the Said Mathew recover
                    against the Said George Godfrey the summe of three thousand eight
                    hundred fifty Seaven pounds of tobacco damages Occasioned by the
                    trespas aforesaid as also the summe of seaven hundred & nineteene
                    pounds of tobacco costs of suite & the said George in mercy. &c.

                    Michael Taylor
                                     agt
                    Thomas Price
                    the same & Ambrose these two causes are agreed.
                                    Barnes
                                     agt
                                   the same

               p. 392 Stephen Murty John Saunders late of Charles County merchant
                        agt was attached to answer unto Stephen Murty in a
                    John Saunders plea of trespas upon the case.
                                 And whereupon the Said Stephen by Kenelm
                    Cheseldyn his Attorny complaineth that whereas the Said John