Provincial Court Proceedings, 1677/8.    355

          Whereas the said John Jones in his life tyme to witt the one & Liber N N
        thirtieth day of March in the yeare of our Lord God one thousand
        six hundred seventy seven had accompted with the said John Blom
        feud of divers sumes of tobacco for severall quantityes of liquors
        to the said John Jones sold & delivered & other tobacco by the same
        John Blomfeild for the said John Jones att his request laid out &
        disbursted, & upon that Accompt the said John Jones was found p. 587
        in arreares to him the said John Blomfeild the sume of two thousand
        seven hundred & one pounds of tobacco And so being therefore
        indebted the aforesaid John Jones in consideracon thereof did assume
        upon himselfe & to the said John Blomfeild did faithfully promise
        to pay to the said John Blomfeild the said sume of two thousand
        seven hundred & one pds of tobacco when thereunto required And
        the said John Jones the sume of Eleven hundred sixty five pounds
        of tobacco part thereof hath in his life tyme satisfied to the said
        John Blomfeild Nevertheles the said John Jones in his life tyme
        nor the said Kenelm Cheseldyn Exr of the last Will and testament
        of the said John Jones deceased the aforesaid promise and assump
        tion of the said John Jones as to ffifteen hundred thirty six pds of
        tobacco residue of the said two thousand seven hundred & one pds
        of tob in no wise reguarding but endeavouring & fraudulently in
        tending him the said John Blomfeild of the same ffifteen hundred
        thiry six pds of tobacco craftily & subtily to deceive & defraud have
        not paid though often thereunto requested, but the same to pay hath
        denyed & the said Kenelm as yet denyeth, whereupon the said John
        Blomfeild saith he is damnified & hath losse to the Value of three
        thousand pounds of tob & thereupon bringeth suite
          And the said Kenelm Cheseldyn in his proper person corneth &
        defendeth the force & injury when &c & prayeth liberty to imparle
        hereunto untill next Provinciall Court & itt is granted unto him,
        the same day is given to the plaintiffe also.
          Novv here att this clay to witt the ffifteenth (lay of June in the
        third yeare of the Dominion of Charles Lord Baltemore &c Annoq
        Doni 1678. came the said John Blomfeild & Kenelm Cheseiclyn in
        their proper persons And the said Kenelm saith nothing in barr or
        avoidance of the action aforesaid of him the said John. whereupon
        the said John remaineth agt the said Kenelm Exr as aforesaid thereof
        wholy undefended. Therefore itt is considered by the Court here
        that the said Jno Blomfeild recover agt the Estate of the said John
        Jones as well the sume of ffifteen hundred thirty six pounds of
        tobacco damages occasioned by the trespas aforesaid

        Robert Williams
           agt
        John Barnes