168 Provincial Court Proceedings, 1679.

Liber N N

behalfe little reguarding, but plotting & contriveing him the said
Edward of the said Nine thousand pounds of tobacco craftily &
subtily to deceive, the same nine thousand pounds of tobacco unto
him the said Edward though often thereunto required hath not paid,
but the same to pay hath denyed & still doth deny, whereupon the
said Edward saith he is the worse & hath damage to the Value of
twelve thousand pounds of tobacco & thereupon he bringeth his
suite

p. 827

And the said Jonathan Sibrey by Robert Carvile His Attorney
cometh & defendeth the force & injury when &c, & prayeth liberty
to imparle hereunto untill next Provintiall Court & itt is granted
unto him, the same day is given to the p^lt also.
Now here att this day to witt the Seventh day of June in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1679. 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 or to the said Edward
make such promise as the said Edward hath above imposed upon
him, & of this he putts himselfe upon the Countrey And the said
plaintiffe likewise. Therefore itt was 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
seventh 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, Nicholas Hacket,
Rob^t Smith, John Watson, Theophilus Turford, James Harrison,
Elias Beech & Robert Graham who being Elected tryed & sworne to
say the truth in the p^rmisses upon their Oaths doe say that the said
Jonathan Sibrey did assume upon himselfe & to the said Edward
make such promise as the said Edward hath above imposed upon
him. And they assesse the damage of the said Edward to nine thou-
sand pounds of tobacco Therefore itt is considered that the said
Edward Pynn recover against the said Jonathan Sibrey as well the
sume of Nine thousand pounds of tobacco damages by the jurors
aforesaid in forme aforesaid assessed As also
pounds of tobacco costs of suite And the Defend^t in mercy &c.

Cuninghams Ex"
ag^t
Sam^l Leadbeater

Samuell Leadbeater late of Charles County
M^rchant was Sumoned to Answer unto Thomas
Carlisle John Watson W^m Hatton & Robert
Graham Exec^rs of the last Will and testam^t of