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render unto him twenty thousand pounds of tobacco which to him
he oweth & unjustly detaineth
And whereupon the said Richard by Robert Carvile his Attorney
complaineth, that whereas the said Charles upon the fourth day
of May in the yeare of our Lord One thousand six hundred seventy
seven by his certaine bill or writeing obligatory sealed with the
Seale of him the said Charles & here in Court produced whose date
is the day & yeare abovesaid, did confesse and acknowledge to haue
received of the said Richard Mitchell Mrchant of Plymouth in bills
& accompts amounting to Eleaven thousand twenty & fiue pounds of
tobacco And also in Goods to the Value of twelve pounds Eighteen
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shillings & fiue pence sterling Money, for the which account & bills
& Goods he did binde himselfe his heyres Execrs & Admrs in twenty
thousand pounds of tobacco to giue unto the said Mitchell or his
law full Attorney a just accompt of the abovesaid accounts bills &
Goods Yet notwithstanding the said Charles a true & just accompt
of & for the said accompts bills & Goods to him the said Richard
though often thereunto requested hath not given or rendred but
the same to giue & render hath hitherto denyed & refused & still doth
deny & refuse By which action is accrued to this Deft to have &
require of the said Charles Hea the said Sume of twenty thousand
pounds of tobacco, & thereupon he bringeth his suite.
And the said Charles Hea by Kenelm Cheseldyn 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 giuen to the plaintiffe also
Now here att this day to witt the thirteenth day of March in
the fourth yeare of the Dominion of Charles Lord Baltemore &c
Annoq Doni 1678 cometh as well the said plaintiffe as the said
Defendt by their Attorneys aforesaid And the said Defendt by his
said Attorney saith, that the said Richard Mitchell his action afore-
said upon the writeing aforesaid ought not to haue, for that he saith
that after the Scaling & delivery of the writeing aforesaid by him
the said Charles to him the said Richard the said Richard departed
this Province for England, not glueing notice to him the said
Charles where to finde him, nor to whom in this Province or else-
where to render an accompt, nor was an accompt of the same ever
demanded of him the said Charles according to the tenour of the
said writeing, without which itt was impossible for the said Charles
to accompt, the which he allwayes was & still is ready to doe, &
this he is ready to averr, & craves judgemt whither the said Richard
his action aforesaid ought to have Which being read & heard itt is
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p. 774
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