Provincial Court Proceedings, 1677/8.    401

        Gilbert Turbervile Thomas Smith late of St Maryes County was Liber N N
            agt Attached to answer unto Gilbert Turbervile of a
        Thomas Smith plea of trespas of the case
                      And whereupon the said Gilbert by Robert
        Carvile his Attorney saith, that the said Thomas Smith by his bill
        obligatory under his hand & Seale bearing date the twenty sixth day
        of ffebruary Anno Doni one thousand six hundred seventy six
        standing indebted to Robert Todd of the County of St Maryes Car
        penter in the sume of two thousand pds of tobacco, the said Robert
        Todd came to the said Gilbert & desired him the said Gilbert to sell
        unto him the said Robert as many Goods as amounted unto the said
        sume of two thousand pits of tobacco to be paid on the tenth day of
        Octobr following, & for satisfaction thereof the said Robert would
        assigne the said bill to the said Gilbert, Whereupon the said Gilbert
        on or about the second day of March one thousand six hundred
        seventy six acquainted the said Thomas Smith therewith, & desired
        to know of him the said Thomas whether he would pay the said sume
        of two thousand pds of tobacco to him the said Gilbert if he should
        accomodate the said Robert with the said Goods to the value afore
        said, & thereupon the said Thomas Smith in consideracon that the
        said Gilbert would sell unto & lett the said Robert Todd have Goods
        to the Value aforesaid & would take in his the said Smiths bill afore
        said, did assume upon himselfe & to the said Gilbert Turbervile faith
        fully promise that he the said Thomas Smith the said sume of two
        thousand pounds of tobacco to him the said Gilbert would well &
        truely satisfie & pay according to the tenour of the said bill And the
        said Gilbert in fact saith, that he trusting to the promise & assumpcon
        of the said Tho: Smith did accordingly accomodate the said Robert
        Todd & sell unto him as many Goods as amounted to the said sume
        of two thousand pds of tobacco & tooke in the said Smiths bill & the
        same assigned to him the said Gilbert as by the said bill & assignemt
        ready to be produced to this Court may appeare Yet notwithstand
        ing the said Thomas his promise & assumpcon aforesaid little re
        guarding, but deviseing & fraudulently intending him the said Gilbert
        in this behalfe craftily & subtily to defraud & deceive the said sume
        of two Thousand pounds of tobacco to him the said Gilbert according p. 627
        to his promise & assumpcon aforesaid though often thereunto re
        quested hath not hitherto paid or satisfied, both the same to pay doth
        altogether deny to the damage of the said Gilbert three thousand
        pounds of tobacco & thereupon he bringeth his suite
          And the said Thomas Smith by Christopher Rousby his Attorney
        cometh & defendeth the force & injury when &c and prayeth liberty
        to imparle hereunto untill next Provinciall Court & itt is granted
        unto him the same day is given to the plt 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 Annoq3