Provincial Court Proceedings, 1677/8.    383

       deliver to him the said ifrancis one full equall fourth part of all & Liber N N
       singuler the personall Estate of him the said James Humes the
       whole being equally divided into foure parts, & the said if rancis
       Dorrington in fact saith, that he the said ifrancis trysting to the
       faithfull promise & assumpcon of him the said James aforesaid,
       afterwards to witt the nine & twentieth day of June in the yeare
       of our Lord God one thousand six hundred seventy & six att the
       house of the said James Humes upon the Clifts in the said County
       of Calvert did take to his wife the aforesaid Sarah, & the same Sarah
       accordng to the rights and customes of the Province of Maryland

       then & there Espoused Yet the aforesaid James little reguarding his
       promise & assumption aforesaid, but plotting & fraudulently intend-
       ing the said ifrancis in that behalf e craftily & subtily to deceive &
       defraud, the aforesaid equall fourth part of his said personall Estate
       or any parcell thereof according to his promise & assumpcon so as
       aforesaid made in his life to the aforesaid ifrancis Dorrington hath
       not paid or delivered nor in any manner for the same given content,
       nor the said John Sunderland since the death of the said James
       Humes Admr of the Goods & Chattells of the said James Humes
       although often thereunto required the said one full equall part of all
       & singuler the personall Estate of the said James Humes hath not
       paid or delivered nor in any manner for the same given content By
       which he the said ifrancis Dorrington divers comodityes profitts &
       advantages might have had & gained if the aforesaid James his
       promise & assumpcon aforesaid in forme aforesaid had performed
       hath totally lost & is deprived of, whereupon the said ifrancis saith
       that he is damnified & hath damage to the Value of twenty foure
       thousand pds of tobacco & thereupon he bringeth his suite.
         And the said John Sunderland by Robert Carvile his Attorney
       cometh & defendeth the force & injury when &c and prayeth liberty
       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 Seventeenth day of June in the
       third yeare of the Dominion of Charles Lord Baltemore &c Annoq
       Doni 1678 came the said parties by their Attorneys aforesaid And
       the said Jno Sunderland by his said Attorney saith, that the said
       James Humes did not assume upon himselfe nor to the said ifrancis
       make such promise as the said ifrancis hath above imposed upon
       him, & 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 &c because as well &c
         Att which said Seventeenth day of June in the yeare aforesaid
       came the said parties by their Attorneys aforesaid And the jurors
       impannelled being called likewise came to witt Gilbert Turbervile,
       Wm Wells, Edward Williams, Philip Lynes, Tho: Hinton, Cornelius 612