76 Provincial Court Proceedings, 1678.

Liber N N

assumpcon aforesaid, but plotting and fraudulently intending the
said ffrancis in that behalfe to deceive & defraud the aforesaid equall
fourth part of his said personall Estate or any part thereof according
to his promise & assumpcon so as aforesaid made in his life tyme to
the aforesaid ffrancis Dorrington hath not paid or deliuered nor in
any manner for the same given content nor the said John Sunderland
since the death of the said James Humes Admist^r of the Goods &
Chatties of the said James Humes although often thereunto re-
quired the said one full equall part of all & singuler the personall
Estate of the said James Humes hath not paid or delivered nor
in any manner for the same given content By which he the said
ffrancis Dorrington divers comodities profitts & advantages might
have had & gained if the aforesaid James his promise & assumpcon
aforesaid in forme aforesaid had performed hath totally lost & is
deprived of to his damage twenty foure thousand pounds of tobacco
In such manner itt is proceeded in this Court the Seventeenth day
of June in the third yeare of the Dominion of Charles Lord Balte-

p. 745

more &c Annoq Doni 1678 that the said ffrancis Dorrington ought
to recover against the said John Sunderland Adm^r as aforesaid his
damages by reason of the p^rmisses, but because itt is not known
what damages the aforesaid ffrancis Dorrington hath sustained by
occasion thereof Therefore itt is comanded the same Sheriffe that
he cause to come here to witt the ffifteenth day of October in the
yeare aforesaid twelve good and law full men within his bailywick
diligently to enquire what damages the aforesaid ffrancis Dorrington
hath sustained by occasion of the p^rmisses
Att which said ffifteenth day of October in the yeare aforesaid
cometh as well the said ffrancis Dorrington by George Parker his
Attorney as the said John Sunderland by Robert Carvile his At-
torney And the jurors impannelled being called likewise come to
witt Thomas Hedge, W^m Thomas, Randall Revell, Henry Parker,
Joseph Tilley, David Holt, John Highland, Morgan Jones, John
Warren, John Hollins, Thomas Pattison & Thomas Jones who being
elected tryed & sworne to say the truth in the p^rmisses upon their
Oaths doe say that the said ffrancis Dorrington hath sustained
damages by occasion of the p^rmisses to Eleven thousand Eight
hundred & Eighteen pounds of tobacco Therefore itt is granted by
the Court here that the said ffrancis Dorrington recover against the
said John Sunderland Adm^r as aforesaid the Sume of Eleven thou-
sand Eight hundred & Eighteen pounds of tobacco damages by the
jurors aforesaid in forme aforesaid assessed As also three thousand
three hundred forty two pounds of tobacco costs of suite.

Henry Phipps

ag^t
Henry Stocket

His Lordshipp the Lord Prop^ry of this Province
sendeth his Comission to Walter Hall & John Addi-
son gentt directed which followes in these words
Viz^t Charles absolute Lord & Prop^ry of the Prov-