160 Provincial Court Proceedings, 1679.

Liber N N

required Yet the said Thomas his promise & assumpcon so as afore-
said made not reguarding, but deviseing & fraudulently intending
him the said John of the said Sume of twenty & fiue pounds lawfull
money of England to deceive & defraud, the said Thomas him the
said John the said Sume of twenty and fiue pounds lawfull money
of England hath not paid although often thereunto required, but
the same to pay hath denyed & as yet doth deny to the damage of the
said John the Sume of Thirty pounds stert & thereupon he bringeth
his suite
And the said Thomas Taillor by Robert Carvile 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 given to the plaintiffe also
Now here att this day to witt the Sixth day of June in the fourth
yeare of the Dominion of Charles Lord Baltemore &c Anoq Doni
One thousand six hundred Seventy nine cometh as well the said
plaintiffe as the said Defend^t by their Attorneys aforesaid And the
said Defend^t by his said Attorney saith, That he did not assume
upon himselfe nor to the said John make such promise as the said
John hath above against him declared And of this he putts himselfe
upon the Countrey And the said plaintiffe likewise. Therefore itt
is comanded the Sheriffe of S^t Maryes County that he cause to come
here twelve &c by whom &c And who neither &c to recognize &c
because as well &c On which said sixth day of June in the yeare
aforesaid cometh the said parties by their Attorneys aforesaid And
the jurors impannelled being called likewise come to witt John Evans,
Stephen Murty, Samuel Asbiston, Richard Sweatnam Anthony
Evans, Robert Peca, Nicholas Racket, Robert Smith, Thomas
Lomax, John Watson, Theophilus Turford & Henry Penington,
who being Elected tryed & sworne to say the truth in the p^rmisses
upon their Oaths doe say that the said Thomas Taillor did assume
upon himself & to the said John make such promise as the said
John above against him hath declared, & they assesse the damage
of the said John to twenty five pounds lawfull money of England
Therefore itt is considered that the said John Burnham recover
against the said Tho: Tailor the aforesaid Sume of twenty five

p. 820

pounds lawfull money of England Damages by the jurors aforesaid
in forme aforesaid assessed As also one thousand fiue hundred forty
six pounds of tobacco costs of suite And the Defend^t in mercy &c

W^m Crosse

ag^t
W^m Hemsley

David Jones & ux

ag^t
Tho: Todd Ex^r
Tho: Todd