Provincial Court Proceedings, 1679. 183

caske to containe the same, to be well & truely paid to the said
W^m Neads & Comp^a their heyres Ex^rs & Adm^rs on demand after the
tenth day of October next ensuing the date thereof in some con-
venient place in Som^rsett County to the which paym^t well & truely
to be made the said Edward Gibbs did binde himselfe his heyres
Exec^rs & Adm^rs firmly by those p^rsents Notwithstanding which the
said Edward Gibbs the aforesaid full & just Sume of thirteen thou-
sand foure hundred sixty & three pounds of tobacco unto the said
W^m Neads and Comp^a according to the tenour forme & effect of his
said bill hath not paid, but the same to pay hath denyed & as yet
doth deny, whereupon the said W^m Neads & Comp^a say they have
losse & are damnified to the Value of twenty thousand pounds of
tobacco, & thereupon they bring their suite
And the said Edward Gibbs by Robert Ridgely his Attorney com-
eth & defendeth the force & injury when &c and prayeth liberty to
imparle hereunto untill next Provintiall Court & itt is granted unto
him, the same day is given to the plaintiffes 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 come as well the said plaintiffes as the said Defend^t by
their Attorneys aforesaid And the said Defend^t by his said Attorney
saith, that the aforesaid W^m & Comp^a their action aforesaid against
him for the said thirteen thousand foure hundred sixty & three
pounds of tobacco ought not to have, because he saith that he the
said Edward the said sume of thirteen thousand foure hundred sixty
& three pounds of tobacco to the said W^m & Comp^a according to the
tenour and effect of his said bill obligatory did well & truely pay, &
this he is ready to aver r, whereupon he demands judgm^t if the said
W^m & Comp^a their action aforesaid against him ought to have And
the said W^m & Comp^a say, that by any thing above alleadged of their
action aforesaid they ought not to be debarred, for that the said
Edward hath not paid nor satisfied the sume of thirteen thousand
foure hundred Sixty three pounds of tobacco unto the said W^m &
Comp^a & this they pray may be enquired of by the Countrey And
the said Edward 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 Seventh day of June in the yeare aforesaid come as well the
said p^tts as the said Def^t by their Attorneys aforesaid And the jurors
impannelled being called likewise come to witt John Evans, Stephen
Murty, Samuell Asbiston, Richard Sweatnam, Anthony Evans,
Nicholas Hacket, Robert Smith, Henry Penington, James Harrison,
John Watson, Robert Toate & Elias Beech who being Elected tryed
& sworne to say the truth in the p^rmisses upon their Oaths doe say
that the said Edward Gibbs hath paid unto the said W^m Neads &
Comp^a Six thousand Eight hundred forty eight pounds of tobacco

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