412       Provincial Court Proceedings, 1677/8.

           Liber N N   thousand two hundred seventy two pounds of tobacco the residue of
                   the said debt he cannot gainsay for that he oweth the same unto the
                   said John England Therefore itt is considered by the Court here,
                   that the said John England recover agt the said Garret VanSwer
                   ingen two thousand two hundred seventy two pits of tobacco of the
                   debt aforesaid And also five hundred thirty six pds of tobacco costs
                   of suite And the said Garret in mercy &c And likewise the aforesaid
                   John England in mercy for his false claime agt the said Garret of
                   the residue of the debt aforesaid, of which he is above acqitted, &
                   that the said Garret may goe thereof without day &c judgmt June 13th
                   1678

                   Wm Wells Dominick Bodkin & Redmond ffitzgerald late of
                     agt Charles County Mrchants were Attached to answer
                   Dom: Bodkin & unto Wm Wells in a plea of trespas on the case
                   ffitzgerald And whereupon the said Wm Wells by Kenelm
                               Cheseldyn his Attorney complaineth, that whereas
                   they the said Dominick & Redmond the twentieth day of Decembr
                   one thousand six hundred seventy & five in consideracon that the
               p. 636  said William Wells would under his hand & Seale give unto them
                   the said Dominick & Redmond a penall bond of fourteen thousand
                   eight hundred pounds of tobacco for the paymt of seven thousand
                   foure hundred pits of tobacco to them the said Edmond & Dominick
                   for a certaine quantity of Mrchandizeing Goods, that they the said
                   Dominick & Redmond att that tyme had to sell & dispose of, & for
                   which the said Wm Wells had then agreed with them, they the said
                   Dominick & Redmond did assume upon themselves & to the said
                   Wm Wells did faithfully promise that they the said Dominick &
                   Redmond would when thereunto required deliver unto him the said
                   Wm the said Goods to witt two hundred gallons of Rumm att
                   twenty pds of tobacco p gallon, one thousand pds of suger att two
                   pds of tobacco p pds, foure hundred sixty two barrells of molossus
                   att three hundred pds of tobacco p harrell, six gallons of lime juice
                   att thirty pds of tobacco p gall, one peice of dimity att one hundred
                   & fifty pounds of tobacco p peice, in the whole amounting to the
                   sume of Seven thousand foure hundred pds of tobacco And the
                   said Wm in fact saith, that he did passe the said bond aforesaid &
                   upon the same the said Dominick did recover judgemt for the said
                   ifourteen thousand eight hundred pds of tobacco in this Provinciall
                   Court agt the said Wm Notwithstanding which the said Dominick &
                   Redmond the Goods aforesaid according to their promise have not
                   delivered to him the said Wm though often thereunto required, but
                   the same to him to deliver hitherto have & still doe deny to the dam
                   age of the said Wm twenty thousand pds of tobacco & thereupon he
                   bringeth his suite
                     And the said Dominick & Redmond by Christopher Rousby their