116 Provincial Court Proceedings, 1678/9.

Liber N N

Clemens in his life tyme, nor the said Mary Exec^rs of the last Will
and testam^t of the said John since the death of the said John nor
while she was sole, nor the said James & Mary since their inter-
marriage according to the tenour of the said bill have not paid
though thereunto required, but the same to pay the said James &
Mary have denyed & yet doe deny, whereupon the said George Lewen
saith he is damnified & hath losse to the Value of tenn Thousand
pounds of tobacco & thereupon he bringeth his suite

p. 780

And the said James & Mary by Christopher Rousby their Attor-
ney come & defend the force & injury when &c & pray liberty to
imparle hereunto untill next Provinciall Court And itt is granted
unto them, the same day is giuen to the plaintiffe also
Att which said next Provinciall Court cometh the said parties by
their Attorneys aforesaid And the said James & Mary by their said
Attorney say, that he the said George his action aforesaid against
them ought not to haue, because they say that the said plaintiffe in
his declaracon above written doth sett forth, that John Clements by
his writing obligatory dated the Eighth day of September One thou-
sande six hundred Seventy two did acknowledge himselfe indebted
to the said George Lewen five thousand weight of Arranocoa to-
bacco, which said five thousand weight of bright tobacco he did
thereby oblige himselfe his heyres Exec^rs Adm^rs & assignes firmly
by these p^rsents to pay unto the said Geo: Lewen or his assignes
within twenty dayes after the arrival of the Seafflower att this
Province whether the said Shipp was then bound, but doth not averr
that the said Shipp Seafflower did after the Eight of Septemb^r one
thousand six hundred seventy two aforesaid everr arrive att this
Province, & when And if she never did arrive since in this Province
Or if the said Shipp did arrive in this Province so that itt was not
twenty dayes before the issueing forth the originall writt of this
suite In either of the cases aforesaid no action doth accrue to the
plaintiffe Whereupon the said James & Mary pray judgm^t if the
said George to his declaracon aforesaid against them ought to be
Answered Which being read & heard day is given unto both parties
untill next Provinciall Court
Now here att this day to witt the fourteenth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 come the said James & Mary by their Attorney aforesaid
And the said George Lewen although solemnly called cometh not
to prosecute his writt against the said James & Mary in the plea
aforesaid Therefore it is considered that the said George Lewen take
nothing by his writt, but be in mercy for his false claime And that
the said James & Mary recover against the said George Lewen the
sume of Nine hundred Sixty two pounds of tobacco for their costs
& charges by them about their defence in this behalfe laid out &
expended And the said James & Mary may have thereof Execucon