118 Provincial Court Proceedings, 1678/9.

Liber N N

day of March in the yeare of our Lord One thousand six hundred
seventy eight stood indebted unto severall persons several & divers
sumes of tobacco in this Province amounting in the whole to the
sume of two thousand forty five pounds of tobacco In consideration
that the said Samuel Cressey would for & on the behalfe of the said
Thomas pay the said severall Surnes of tobacco to the severall per-
sons which he was so indebted to, & would take in his severall bills
& noates passed to the said persons for the said debts, the said
Thomas Clarke did assume upon himselfe & to the said Samuell
did faithfully promise that he the said Thomas Clarke the said
severall Sumes so paid as aforesaid when thereunto required to him
the said Samuell would well & truely content & pay And the said
Richard in fact saith, that the said Samuell in his life tyme did pay
for & on the behalfe of the said Thomas Clarke severall sumes of
tobacco to severall persons in this Province a particuler of which is
here in Court produced amounting in the whole to the sume of two
thousand forty five pounds of tobacco Notwithstanding which the
said Thomas Clarke the said Sume of two thousand forty five

p. 782

pounds of tobacco to him the said Samuell in his life tyme hath not
paid according to his promise nor to the said Richard since his death
Exec^r of the last Will & testam^t of the said Samuell though often
thereunto required, but the same to him to pay hitherto to hath &
still denies to pay to the damage of the said Richard foure thousand
pounds of tobacco & thereupon he bringeth his suite And the said
Richard bringeth here in Court the letters Testamentory to him the
said Richard granted, that itt may appeare to the Court here that he
is Exec^r of the last Will & testam' of the said Samuell & thereupon
to haue Admcon
And the said Thomas Clarke by Robert Carvile his Attorney
cometh & defendeth the force and injury when &c and prayeth lib-
erty to imparle hereunto untill next Provinciall Court & itt is granted
unto him, the same day is given to the plaintiffe also
Now here att this day to witt the ffourteenth 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 Defend^t by
their Attorneys aforesaid And the said Thomas by his said Attorney
saith, that the plaintiffe his action aforesaid against him ought not
to haue for that he saith he did in the life tyme of the said Samuel
to witt upon the thirteenth day of January One thousand six hun-
dred Seventy five by order of the said Samuell pay unto M^r Matthew
Stone the Sume of ffifteen hundred Seventy fiue pounds of tobacco in
full for all debts paid & bills taken in for the said Thomas, & for all
the bills & debts in the declaracon menconed, without that that the
said Samuell had any order for the said Thomas to pay the said debts
& take in the said bills All which the said Thomas is ready to verifie,
& humbly demands judgem^t if the said Richard his action aforesaid