210 Provincial Court Proceedings, 1679.

Liber N N

consideracon that the said Robert would be retained for the said
Samuell as Attorney for him the said Samuell & for Cadwallader
Jones of Chester in England M^rchant (to whom the said Samuell
was Attorney & ffactor) in all their businesses that should happen
either before the judge for Probate of wills &c touching the Will of
John Cuningham deceased, or in any other Court for the calling of
the Exec™ of the said Cuningham or any others to an account for
their debts due to the said Cadwallader or Samuell or either of them,
or in any other Court in this Province, he the said Samuell did
assume upon himselfe & to the said Robert faithfully promise that he
the said Samuell would pay to the said Robert what he should rea-
sonably deserve for his ffees in appearing in his said busines And the
said Robert in fact saith, that trusting to the promise & assumpcon
of the said Samuell to him the said Robert so as aforesaid made, he
the said Robert as Attorney or Procurator for the said Cadwallader,
did out of the Office for probate of Wills sue out a Citacon against
the Exec^rs of the said Cuningham, and therein the said cause did
before the Judge Testamentory appeare severall tymes, & the Will
of the said Cuningham on the behalfe of the said Samuell & Cad-
wallader did endeavour to make Void, for the prosecucon of which
said Suite the said Robert doth reasonably deserve the Sume of
Eight hundred pounds of tobacco And the said Robert did on the
behalfe of the said Cadwallader & Samuell prosecute a suite in Chan-
cery against the Exec^rs of the said Cuningham for which he doth
reasonably deserve Eight hundred pounds of tobacco more, which
said Sumes doe in the whole amount unto the Sume of Sixteen
hundred pounds of tobacco Yet the said Samuell his promise & as-
sumpcon aforesaid little reguarding, but deviseing & fraudulently
intend the said Robert in this behalfe craftily & subtily to defraud
& deceiue, the said Sume of Sixteen hundred pounds of tobacco to
him the said Robert though often thereunto requested hath not paid
or satisfied but the same to pay or satisfie hath hitherto denyed &
refused & still doth deny & refuse to the damage of the said Robert
three thousand pounds of tobacco, & thereupon he bringeth his suite
And the said Samuel by Christopher Rousby his Attorney cometh
& defendeth the force & injury when &c and prayeth liberty to im-
parle hereunto untill next Provintiall Court & itt is granted unto
him, the same day is given to the plaintiffe also

p. 865

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 in his proper person as
the said Defend^t by his Attorney aforesaid And the said Defend^t
by his said Attorney saith, that he the said Robert his action afore-
said against him the said Samuell ought not to haue, because he
saith, that he the said Samuell did not assume upon himselfe & to the
said Robert faithfully promise in manner & forme as the said p^lt in