Provincial Court Proceedings, 1677.     87

      John Wynne     John Watson & Thomas Carlisle executrs of Liber N N
          agt the last will & Testament of John Cuningham
       John Watson & Tho: deceased were attached to answer unto John
         Carlisle exrs John Wynne of a plea of trespas upon the case.
         Cuningham And whereupon the said John Wynne by
         Kenelm Cheseldyn his Attorny complaineth
       That whereas the said John Cuningham in his life time to wit from
       the 16th day of May in the yeare 1676 untill the tenth day of August
       in the same yeare did languish of divers distempers of body the said
       John Cuningham did in consideration that the said John Wynne
       (then practiceing phisick & Chirurgery in this Province) would
       administer unto him the sd Jno Cuningham such meanes and medi
       cines as he the said John Wynne thought best in his judgment for
       his then present distempers of body & give necessary attendance upon
       him while administring the same the said John Cuningham did
       assume upon himselfe & to the said John Wynne did faithfully
       promise that he the said John Cuningham would pay unto the said
       John Wynne for the said medicines meanes and attendance as afore
       said what for the same he should deserve and the said John saith
       he did administer severall meanes & medicines as in his best judgment
       he thought convenient for his said distempers of body and gave him
       dureing the said Sicknesse necessary attendance a particular of all
       which medicines meanes & times of attendance are here in Court
       produced and in fact further saith that for the same he doth well
       in the whole deserve the summe of three thousand One hundred
       pounds of tobacco notwithstanding which the said John Cuningham
       in his life time nor the said John Watson & Thomas Carlisle executrs
       of the last will & testament of the said John Cuningham since his
       death the said three thousand One hundred pounds of tobacco have
       not paid though often thereunto required but the same to pay
       hitherto have & still doe deny to pay to the damage of the said
       John Wynne the summe of five thousand pounds of tobacco And
       thereupon he bringtheth his suite. And the said John Watson &
       Thomas Carlisle by John Jones their Attorny come & defend the
       force & injury when &c & pray liberty to imparle hereunto untill the
       next Court & it is granted them the same day is given to the said
       John Wynne.
         Att which next Court to witt the fifth day of October in the yeare
       of Our Lord 1677 Came the said John Wynne by his said Attorny &
       offered himselfe against the said John Watson & Thomas Carlisle
       in the plea aforesaid but they came not & the said John Wynne have
       ing produced & proved the said accompt upon Oath is granted by
       the Court here That the said John Wynne recover against the said
       John Watson & Thomas Carlisle executrs as aforesaid of the estate
       of the said John Cuningham the said summe of three thousand One
       hundred pounds of tobacco damages occasioned by the trespas afore
       said as also five hundred thirty six pounds of tobacco costs of suite.