Provincial Court Proceedings, 1678. 19

May then next following judgem^t was given against the said John
Edmondson & Richard Tilghman for the sume of Ninety six thou-
sand one hundred twenty & three pounds of tobacco upon a scire
facias issued against them att the said, John Quigleys upon the
Recognizance aforesaid so by them entred into by the said John
Edmondson & Richard Tilghman for the said Ralph Blackball After
which the said Richard Tilghman dyed, the said Mary then being
Ex^x of the said Richard, & fearing the said judgem^t of the said John
Quigley so obtained against the said Richard & John as aforesaid
would be levyed on the Estate of the said Richard then remaining in
her hands, Afterwards to witt the first day of May One thousand
six hundred seventy six in consideracon that the said John Edmond-
son would sue out a Writt of Error to Reverse the said judgem^t &
retaine Councell & pay all ff ees in & about the same, she did assume
upon her selfe & to the said John Edmonson did faithfully promise
that she the said Mary the one halfe of whatsoever he should expend
in & about the managem^t of the same, she the said Mary him the
said John would repay satisfie & content when thereunto required
And the said John in fact saith that trusting to the faithfull promise
& assumpcon of the said Mary to him the said John in this behalfe
so as aforesaid made, he did sue out a writt of Error dated the

twenty ninth day of May then next following And the judgem^t

aforesaid in the Upper house of Assembly the fifth day of June then
next following did reverse And did expend & lay out in ffees & other
necessary expences in & abouting doeing & pforming the same the
sume of seven thousand three hundred twenty & three pds of tobacco
A particuler whereof is by the said John here in Court produced
the moitey of which amounts to the sume of three thousand six
hundred sixty & one pounds of tobacco Notwithstanding which the
aforesaid Mary her promise & assumpcon so as aforesaid made not

Liber N N

reguarding but deviseing And fraudulently intending him the said
John of the said sume of three thousand six hundred sixty & one
pounds of tobacco to deceive & defraud, the said Mary him the said
John the said sume of three thousand six hundred sixty & one pounds
of tobacco although often thereunto required hath not paid or satis-
fied according to her promise, but the same to pay or satisfie hath
refused & denyed & as yet doth refuse & deny to the damage of the
said John ffoure thousand pounds of tobacco & thereupon he bring-
eth his suite
And the said Mary Tilghman by Robert Carvile her Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court & itt is granted
unto her, the same day is giuen to the plaintiffe also
Att which said next Provinciall Court came the said parties by
their Attorneys aforesaid And the said Mary by her said Attorney
saith that she did not assume upon herselfe nor to the said John make

p. 693