256       Provincial Court Proceedings, 1677/8.

             Liber N N  eight pds of tobacco In consideracon whereof he the said Wm Wor—
                    gan in his life tyme did assume upon himselfe & to the said Tho
                    ffisher & Compa did faithfully promise that he the said Wm the said
                p. 502 sume of ffifteen thousand three hundred eighty eight pounds of
                    tobacco to them the said Thomas & Compa when thereunto required
                    would well & truely pay & satisfie And the said Thomas & Compa
                    in fact say that the said Wm Worgan did according to his promise &
                    assumpcon aforesaid pay unto the said Tho: & Compa in part of sat
                    isfaction of the said sume of ffifteen thousand three hundred eighty
                    eight pounds of tob the sume of five thousand nine hundred twenty
                    five pounds of tobacco so that there remaineth due to the said
                    Thomas & Compa the sume of nine thousand foure hundred sixty
                    three pounds of tobacco as by an accompt hereunto annexed doth
                    appeare Yet the said Wm his promise & assumpcon aforesaid little
                    reguarding, but deviseing and fraudulently intending them the said
                    Thomas & Compa of the said sume of nine thousand foure hundred
                    sixty three pounds of tobacco craftily & subtily to defraud & deceive,
                    the same to them the said Tho: & Compa the said Wm in his life tyme
                    nor the said John since his death though often thereunto requested
                    hath not hitherto paid or satisfied, but the same pay & satisfie doth
                    still deny & refuse, to the damage of the said Tho: & Compa twenty
                    thousand pounds of tobacco & thereupon they bring their suite
                      And the said John Brooke by Charles Boteler his Attorney cometh
                    & defendeth the force & injury when &c & prayeth liberty to imparle
                    hereunto untill next Court & itt is granted unto him, the same day is
                    given to both parties.
                      Now here att this day to witt the tenth day of April in the third
                    yeare of the Dominion of Charles Lord Baltemore &c Annop Doni
                    1678. came the said parties by their Attorneys aforesaid And the
                    said John Brooke by Charles Boteler his Attorney saith, that the said
                    Thomas ffisher & Compa their accon aforesaid agt him ought not to
                    have, for that the said Wm Worgan in his life tyme did not assume &
                    promise in manner & forme as the plaintiffe above in his Declaracon
                    hath declared, & of this he putts himselfe upon the Countrey & the
                    plaintiffe also Therefore comand is given to the Sheriffe of St Maryes
                    County that he cause to come here twelve &c by whom &c who neither
                    &c to recognize & because as well &c And the Jurors impannelled
                    being called likewise came, to witt Richard Loyd, Edward Husbands,
                    Robert Potts, Nicholas Cooper, Tho: Courtney, Richard Masham,
                    John King, Joshua Guibert, John Askin, Stephen Gough, Gilbert
                    Turbervile & Tho: Smith who to say the truth in the prmisses being
                    elected tryed & sworne upon their Oaths doe say Wee finde for the
                    plaintiffes seven thousand two hundred & eighty pounds of tobacco
                    with costs of suite Therefore itt is considered by the Court here
                    that the said Tho: ffisher & Compa recover agt the Estate of the said
                    Wm Worgan as well the sume of seven thousand two hundred &