248 Provincial Court Proceedings, 1679.

Liber N N

Charles all such wholesome proper & fitt medicines & meanes as his
disease infirmity & distemper required. Also expended much tyme
& paines in severall journeys Administring of meanes & attendance
upon him the said Charles, for which he thinkes he well deserves
Eight thousand nine hundred & forty pounds of tobacco A particular
of all which is here in Court produced amounting to the said Sume
of Eight thousand nine hundred & forty pounds Notwithstanding
which the said Charles his promise and assumpcon in that behalfe
not reguarding, but endeavouring & frandulenty intending him the
said Samuell of the said Sume of Eight thousand nine hundred &
forty pounds of tobacco to deceive, the said Eight thousand nine
hundred & forty pounds of tobacco to him the said Samuell the said
Charles in his life tyme hath not paid according to his promise, nor
the said George & Richard to whom Letters testamentory was
comitted since the death of the said Charles have not yet paid al-
though often there unto required, but the same to pay doe altogether

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deny whereupon the said Samuell saith he is damnified & Hath losse
to the Value of twelve thousand pounds of tobacco & thereupon he
bringeth his suite
And whereupon the said George & Richard by Christopher Rousby
their Attorney come & defend the force & injury when &c and pray
liberty to imparle hereunto untill next Provinciall Court & itt is
granted unto them, the same day is given to the plaintiffe also
Now here att this day to witt the Eleventh day of Octob^r in the
fourth yeare of the Dominion of the right Hon^ble Charles Lord Bal-
temore &c Annoq Dni 1679. came the said partyes by their Attorneys
aforesaid And the said George & Richard by their said Attorney
say, that to the Declaracon aforesaid in manner and forme as the
same is sett forth, they the said Def^ts need not nor are by the Law
of the land bound to Answer, & therefore they demurre in Law to
the same, And for reason of such Demurrer according to the Statute
they say, that the p^lt in the said Declaracon as being a Doctor of
Phisicke declares against the Defend^ts as Ex^rs of the last Will &
testam^t of Charles Gosfright deceased upon a quantum meruit for
certaine medicines pretended to be Administred to the said Testator
in his life tyme by the said p^lt And for certaine attendance & visitts,
a particular whereof is said in the declaracon aforesaid to be here in
Court produced amounting to Eight thousand nine hundred & forty
pounds of tobacco, whereas in truth there is no such particuler
produced in Court or annexed unto or filed with the said declaracon
as the same ought to have bin, whereby the Defend^ts might have
seen & known what the said pretended particulers were, & how the
same were rated, & might have bin thereby enabled to have advised
of the particuler Values of the said medicines & to have informed
themselves thereof, & of the number of the said pretended visitts &
what attendance itt was which is alleadged in the said declaracon, &