328       Provincial Court Proceedings, 1677/8.

              Liber N N And whereupon the said Garret by Robert Carvile his Attorney
                     saith, that whereas the said John Blomfeild upon the third day of
                     August in the yeare of our Lord one thousand six hundred seventy
                     seven was justly indebted unto the said Garret in the sume of foure
                     thousand six hundred fifty eight pounds of tobacco for divers Goods
                     Wares & Mrchandizes to him the said John by him the said Garret
                     att divers dayes & tymes from the third day of DecembT in the yeare
                     of our Lord one thousand six hundred seventy three till the third
                     day of August aforesaid sould & delivered, a particular whereof is
                     hereunto annexed He the said John being so indebted did in con
                     sideracon thereof assume upon himselfe & to the said Garret faith
                     fully promise, that he the said John the said sume of four thousand
                     six hundred fifty eight pounds of tobacco to him the said Garret when
                     he should lawfully thereunto required would well & truely content &
                     satisfie Yet notwithstanding the said John his promise & assumpcoñ
                     aforesaid little reguarding, but deviseing & fraudulently intending
                     him the said Garret in that behalfe craftily & subtily to defraud &
                     deceive, the said sume of foure thousand six hundred fifty eight
                     pounds of tobacco to him the said Garret though often thereunto
                     requested hath not paid or satisfied, but the same to pay & satisfie hath
                     hitherto denyed & refused & still doth deny & refuse to pay the same
                     to the damage of the said Garret Eight thousand pds of tobacco &
                     thereupon he bringeth his suite.
                 p. 564 And the said John Blomfeild in his proper person comes & defends
                     the force & injury when &c and prayeth libertie to imparle hereunto
                     untill next Court & itt is granted unto him, the same day is given to
                     the plaintiffe also.
                      Now here att this day to witt the fifteenth day of June in the third
                     yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni
                     1678. came the said John Blomfeild in his proper person & saith,
                     that the said Garret his action aforesaid ought not to have, for that
                     he saith, that whereas by an Act of Assembly begun & held aft the
                     Citty of St Maryes the thirteenth day of April in the yeare of our
                     Lord One thousand six hundred sixty nine & by severall subsequent
                     Arts revived & continued & now standing in force Entituled an Act
                     for lymitacon of certaine actions for avoiding suites att Law, itt is
                     amongst other things Enacted, that all actions of trespas, quare
                     clausum fregit, all actions of trespas detinue, sur trover & replevin
                     for takeing away Goods & Chattells, all actions of accompt contract
                     debt book & upon the case (other then such accompts as concerne the
                     trade of Mrchandize between Mrchant & Mrchant their ifactors &
                     Servants which are not resident wthin this Province) all actions of
                     debt for lending or contract without specialty, all actions of debt for
                     arrearages of rent, & all actions of assault menace battery wounding
                     & false imprisonmt or any of them which shall be sued or brought
                     by any person or persons within this Province att any time after the