Provincial Court Proceedings, 1678. 29

Boteler his Attorney complaineth, that whereas the said James
Rumsey upon the ffifteenth day of January in the yeare of our Lord
in consideracon that the said John Weare would pay & deliuer unto
him the said James six hogsheads of tobacco & six barrells of Indian
Corne, the said James Rumsey did assume upon himselfe & to the
said John did faithfully promise, that he the said James when there-
unto required would well & truely discharge the said John Weare
from one bill for the sum of fourteene hundred pounds of tobacco
due unto him the said James from him the said John And also would
pay unto one George Lingam Attorney of John & Thomas Dudle-
stone of Bristoll Merchants the sume of twelve hundred pounds of
tobacco, & take in one bill of the said John Weare for the same
quantity payable to the said John & Thomas Dudlestone or their

Liber N N

assignes And the said John Weare in fact saith, that trusting to the
faithfull promise and assumpcon of him the said James Rumsey
made as aforesaid, did pay & deliver unto the said James Rumsey
six hogsheads & tobacco & Six barrels of Indian Corne att the planta-
con of in County, which the said James Rumsey did
accept & receive for the uses aforesaid Yett the said James Rumsey
his promise, & assumpcon not reguarding but deviseing & fraudu-
lently intending him the said Jn^o in that behalfe to deceive & defraud,
the aforesaid bill for ffourteen hundred pounds of tobacco payable
unto the said James, nor the said bill for Twelve hundred pounds of
tobacco payable to John & Tho: Dudlestone he hath not delivered
up nor discharged, but the same to deliver up or discharge hitherto
hath deny ed & as yet doth deny to the damage of the said John
Whereupon the said John saith he is damnified & hath losse to the
Value of ffive thousand pounds of tobacco & thereupon he bringeth
his suite
And the said James Rumsey by Kenelm Cheseldyn his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court & itt is granted unto
him, the same day is given to the plaintiffe also
Now here att this day to witt the Sixteenth day of Octob^r in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 came the said parties by their Attorneys aforesaid And
the said James by his said Attorney saith that he did not promise,
& assume upon himselfe in manner & forme as the said John Weare
hath above declared against him And of this he putts himselfe upon
the Countrey Whereupon the said John Weare declared that he
would make no farther prosecution against the said James Rumsey
in the plea aforesaid Therefore itt is considered by the Court here
that the said James Rumsey recover ag^t the said John Weare the
sume of pounds of tobacco for his costs & charges
by him about his defence in this behalfe laid out & expended And
the said John Weare in mercy for his false plaint &c

p. 702