152       Provincial Court Proceedings, 1677/8.

              Liber N N Servants as also severall sumes of tobacco of the proper Goods &
                     tobacco of the said Richard amounting in the whole to the sume of
                     thirty nine thousand foure hundred fifty & five pounds tobacco as by
                     a particuler thereof likewise hereunto annexed may appeare, to make
                     an accompt thereof to him the said Richard when he should be
                     thereunto required Yett notwithstanding the said Thomas although
                     he hath been often thereunto required a reasonable accompt of the
                     tyme Goods & tobacco aforesaid to the said Richard hath not as yett
                     given, but the same to give & render hath hitherto & still doth deny
                     to the damage of the said Richard two hundred thousand pounds of
                     tobacco, & thereupon he bringeth his suite
                      And the said Thomas Truman by Kenelm Cheseldyn his Attorney
                     cometh & defendeth the force & injury when &c and prayeth liberty
                     of speakeing hereunto untill next Provinciall Court, the same day is
                     given to both parties.
                      Afterwards to witt the fifth day of Octobr in the third yeare of his
                     Lordps Dominion &c Itt is the Judgemt of the Court here that the
                     defendant accompt And that Mr John Darnall & Mr Thomas Tasker
                     be armed with a Comission to examine Wittnesses upon Oath, &
                     to state & audite the accompts between the said parties, & report
                     thereof to make here next Provinciall Court
                      Att which said next Provinciall Court to witt the twelfth day
                     of ffebruary in the yeare aforesaid, the said John Darnall & Thomas
                     Tasker doe make report as followeth Vizt To the Honble Thomas
                 p. 413 Notley Esqr chiefe Justice Of the Provinciall Court & the rest of the
                     Honbl Councell. By vertue of a Comission issued out of the said
                     Court & to us directed bearing date the sixth day of Decembr last
                     past, whereby we were impowered & authorized to be Auditors to
                     examine & state accompts between Capt Richard Pery plaintiffe &
                     Thomas Truman Esqr defendt which the said Tho: Truman to the
                     said Richard ought to render And that we should meet att such tyme
                     & place as we should think fitt And that the said parties should there
                     attend us untill the accompts was fully stated And we were also fully
                     impowered to Administer Oaths to wittnesses that should be produced
                     before us, as well on the part of the plaintiffe as of the Defendt And
                     the accompts when audited & stated between the said parties That we
                     should make report thereof to yor Honors by the twelfth day of
                     ffebruary then next following. In obedience thereunto we doe humbly
                     report & Certifie to yor Honor that we the said Auditors did appoint
                     to meet att the house of Mr Richard Keen in Petuxent River And
                     the twenty fourth of this instant January to audite & state the ac
                     compts aforesaid And that we did meet att the tyme & place aforesaid
                     in order thereunto And in the presence of Mr Christopher Rousby &
                     Mr Robert Carvile Attorneys for the plaintiffe who then attended, &
                     no Attorney appearing for the Defendt although by the Oaths of
                     Mr Christopher Rousby & Mr Thomas Gant hereunto annexed, & the