Provincial Court Proceedings, 1678. 53

And whereupon the said Richard by Christopher Rousby his
Attorney complaineth, that whereas the said W^m the sixth day of
January One thousand six hundred Seventy one in consideracon
that he the said Richard att the speciall instance & request of him
the said W^m would deliver or cause to be delivered unto him the said
W^m certaine bills Specialties & Accompts whereupon was due from
sundry persons unto him the said Richard severall Sumes of tobacco
amounting in all to Eighteen thousand Six hundred twenty eight
pounds of tobacco a particuler whereof is here in Court produced
And would entrust & imploy him the said W^m to collect the same
tobacco for the use of him the said Richard And would allow him
the said W^m usuall Sallery to Witt tenn in the hundred for what
tobacco he should receive thereof as aforesaid, He the said W^m
did assume upon himselfe & to the said Richard did faithfully prom-
ise that he the said, W^m doe his endeavours to receive the said
Eighteen thousand Six hundred twenty eight pounds of tobacco for
the use of him the said Richard And that he would render unto the
said Richard Bankes the said Sume of Eighteen thousand Six hun-
dred twenty eight pounds of tobacco in case he should receive the
same, or so much thereof as he should happen to have received And
for what he should not have collected that he would returne the said
Bills Specialties & Accompts thereof in kinde when he should be
thereunto by the said Richard required And the said Richard in fact
saith that he trusting to the faithfull promise & assumpcon aforesaid
of him the said W^m the said sixth day of January one thousand six
hundred Seventy one did by the hands of John Brooke late of Battle
Creek deceased cause to be delivered unto him the said W^m the afore-
said bills Specialties & accompts amounting to the said Sume of
Eighteen thousand Six hundred twenty eight pounds of tobacco And
did intrust & imploy him the said W^m to Collect & receive the same
tobacco for the use of the said Richard And did consent & agree
to allow unto him the said W^m usuall Sallery to witt tenn pounds in

Liber N N

The hundred for what he should receive for him the said Richard
as aforesaid And the said Richard ever was & still is ready to allow
of the same Yett the said W^m in his life tyme his promise & assump-
con aforesaid in that behalfe little reguarding And the said Sybill
Exec^x of the last Will & Testam^t of the said W^m after the death of
the said W^m and while she was sole or the said Henry & Sybill since
their intermarriage the said Eighteen thousand six hundred twenty
eight pounds of tobacco or so much thereof as is received (Sallery
deducted) & the bills specialties & accompts in kinde of the residue
unreceived unto the said Richard Bankes have not rendred nor
any of them hath rendred though often thereunto required, but the
same to render haue refused And the said Henry & Sybill still doe
refuse to the damage of the said Richard Bankes thirty Thousand
pounds of tobacco & thereupon he brings his suite

p. 724