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Att which said next Provintiall Court came as well the said plain- tiffes as the said Defendt by their Attorneys aforesaid And the said Edward by his said Attorney saith that the aforesaid John & Thomas their action aforesaid against him for the said Eighteen thousand nine hundred & five pounds of tobacco ought not to have, because he saith that he the said Edward the said Sume of Eighteen thousand nine hundred & five pounds of tobacco to the said John & Thomas according to the tenour & effect of his said bill obligatory did well & truely pay, & this he is ready to averr, whereupon he demands judgemt if the said John & Thomas Dudlestone their action afore- said against him ought to have And the said John & Thomas say, that by anything above by the said Edward alleadged of their action aforesaid they ought not to be debarred for that the said Edward the said Sume of Eighteen thousand nine hundred & five pounds of tobacco unto them the said John and Thomas hath not paid as above he hath alleadged And of this he putts himselfe upon the Countrey And the said Edward likewise Whereupon day is given to both parties untill next Provintiall Court 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 plts as the said Defendt by their Attorneys aforesaid And hereupon the said Edward relinquisheth his said justi- fication by him above pretended, & saith that he hath paid unto the said John & Tho: Dudlestone only ffourteen thousand thirty seven pounds of tobacco in part of satisfaction of the said bill obligatory And that there remaines due upon the aforesaid bill ffoure thou- sand Eight hundred Sixty eight pounds of tobacco. Therefore itt is considered that the said John & Thomas Dudlestone recover against the said Edward Gibbs the sume of ffoure thousand Eight hundred Sixty eight pounds of tobacco part of the debt aforesaid And also Six hundred thirty & two pounds of tobacco costs of suite And the said Edward Gibbs thereof in mercy &c And also the said John & Tho: Dudlestone in mercy for their false plaint against the afore- said Edward Gibbs for ffourteen thousand thirty seven pounds of tobacco residue of the debt aforesaid whereof he is above acquitted And the said Edward may goe thereof without day &c
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