Provincial Court Proceedings, 1677/8.    339

        Admrs of them & either of them for the whole & in the whole firmly Liber N N
        by those prsents Notwithstanding which the said Benjamin Hunton
        & George Gunnell the said sume of Sixteen hundred fifty three
        pounds of tobacco unto him the said Philip Lynes though often
        thereunto required have not paid nor either of them hath paid, but
        the same to pay have refused & still doe altogether refuse, where
        upon the said Philip Lynes saith he is the worse to the Value of two
        thousand five hundred pounds of tobacco & thereupon he bringeth
        his suite
          And the said Benjamin & George by Kenelm Cheseldyn their At
        torny come & defend the force & injury when &c and pray liberty
        to imparle hereunto untill next Court & itt is granted unto them,
        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 Annocp
        Doni 1678—came the said parties by their Attorneys aforesaid And
        the said Defendts say nothing in barr or avoidance of the action
        aforesaid of him the said Philip Lynes, for that they owe unto the
        said Philip the said sume of Sixteen hundred fifty three pds of tob.
        Therefore itt is considered by the Court here that the said Philip
        Lynes recover agt the said Benja Hunton & George Gunnell the said
        sume of Sixteen hundred fifty three pds of tot5 debt As also seven
        hundred & Seventy pds of tob costs of suite

       Matthew Davis Justinian Tennison late of St Maryes County
            agt was Attached to Answer unto Matthew Davis
       Justinian Tennison in a plea of trespas upon the case
                       And whereupon the said Matthew Davis by
        Robert Carvile his Attorney complaineth, that whereas the said
        Justinian upon the thirtieth day of June One thousand six hundred
        seventy seven stood indebted unto him the said Matthew for worke
        for him done & severall sumes of tobacco Goods & Wchandizes by
        him bought had & received of him the said Matthew att divers dayes
        & tymes from the first day of January Anno Doni One thousand six
        hundred seventy six till the said thirtieth day of June One thousand
        six hundred seventy seven, in the whole amounting to the sume of
        foure thousand foure hundred Eighty six pds of tobacco a particuler
        whereof is hereunto annexed In consideracon whereof the said
        Justinian did assume upon himself e & to the said Matthew did faith
        fully promise that he the said Justinian when thereunto required
        the said sume of foure thousand foure hundred Eighty six pds of
        tobacco to him the said Matthew would well & truely content & pay
        Notwithstanding which the said Justinian his promise & assumpcon
        in that behalf e not reguarding, but endeavouring & fraudulently in
        tending him the said Matthew of the said sume to deceive, the same
       though often required [hath] Not paid to him the said Matthew, but P. 574