312      Provincial Court Proceedings, 1677/8.

             Liber N N John Longden
                       agt   This action is continued untill next Court.
                   Tho:     Clarke

                   Thomas Smith John Dormand late of Somrsett County planter was
                       agt Attached to answer unto Thomas Smith of a plea
                   John Dormand of trespas upon the case
                                And whereupon the said Thomas by Christopher
                   Rousby his Attorney complaineth, that whereas the said Thomas the
                   fifth day of December One thousand six hundred seventy six stood
                   obliged unto Wm Pyper Marryner by bond the sume of two thou
                   sand & ten pounds of tobacco, with condicon that if the said
                   Thomas did well & truely pay unto him the said Wm one thousand
                   pounds of tobacco, then the Obligacon to be void And whereas
                   afterwards to witt the fifth day of Decembt aforesaid att Wic
                   cocomoco in Somersett County in the Province of Maryland certaine
                   comunicacon & discourse did happen to arise between him the said
                   John Dormand & the said Thomas Smith touching & concerning
                   the said debt due to the said Wm Pyper from the said Thomas Smith
                   as aforesaid, he the said John Dormand then & there affirming al
                   leadging & pretending himself e to be impowered & imployed by the
                   said Wm Pyper to be his the said Williams ifactor & Receiver of
                   tobacco for the use of the said Wm did assume upon himselfe & to
                   the said Thomas did faithfully promise that in consideracon he the
                   said Thomas Smith would att the speciall instance & request of him
                   the said John Dormand sell & deliver unto him the said John Dor
                   mand one man Servant of his the said Thomas which he then &
                   there had named Pascue Bartlett being a seasoned hand, & haveing
                   foure yeares to serve, that he the said John Dormand would not
                   only pay unto him the said Thomas Smith two steeres & two hun
                   dred pounds of porke, but would also for & on behalfe of him the
                   said Thomas would & truely pay unto him the said Wm Pyper the
                   said sume of one thousand pounds of tobacco in discharge of the said
                   bond of two thousand pounds of tobacco entred into by the said
                   Thomas Smith to the said Wm Pyper as aforesaid And that he the
                   said John Dormand would deliver the aforesaid bond or cause the
                   same to be deliuered to the said Thomas Smith cancelled when there-
                   unto required, And the said Thomas in fact saith, that he trusting to
                   the faithfull promise aforesaid of him the said John Dormand After
              p.   wards to witt the said fifth day of Decembr One thousand six hun
                   dred seventy six did sell & deliver unto him the said John Dormand
                   (for the consideracon aforesaid) one mann Servant named Pascue
                   Bartlett being a seasoned hand & haveing foure yeares to serve as
                   aforesaid Yett the said John Dormand his promise & assumpcon
                   aforesaid little reguarding, but plotting & contriving him the said
                   Thomas in that behalf e to defraud mischieve & deceive, although he