Provincial Court Proceedings, 1678/9. 83

yeare aforesaid cometh as well the said plaintiffe as the said Defend^t
by their Attorneys aforesaid And the jurors impannelled being
called likewise come to witt Richard Marsham, Leonard Green,
W^m Thomas, W^m Watson, Thomas Jones, John Glover, Robert
Bryan, George Godfrey, Theophilus Turford, Edward Turner,
Philip Pocock & Joshua Guibert who being Elected tryed & Sworne
to say the truth in the p^rmisses upon their Oaths doe say that the
said W^m Coleborne did not assume & promise in manner & forme
as the said Robert above against him hath declared Therefore itt is
granted that the said Robert Williams take nothing by his writt
aforesaid, but be in mercy for his false clamour thereupon prose-
cuted And the said W^m Coleborne may goe thereof without day
And that the said W^m Coleborne recover against the said Robert
Williams the Suine of One thousand Seventy & nine pounds of
tobacco for his costs & charges by him about his defence in this
behalfe sustained to the same W^m by the discretion of the Justices
here adjudged And that the said W^m may have thereof Execucon

Liber N N

Thomas Carlisle
John Watson Ex^rs
Jn^o Cuningham
ag^t
Jn^o Addison Ex^r
Nich: Proddy

John Addison M^rchant late of S^t Maryes
County Ex^r of the last Will & Testam^t of
Nicholas Proddy gentl als dictus Nicholas
Proddy of Charles County in the Province of
Maryland gentl was Attached to Answer unto
Thomas Carlisle & John Watson M^rchants
Exec^rs of the last Will & testam^t of John Cun-

mgham M^rchant of a plea that he render unto them ffive thousand
Eight hundred & fifty pounds of tobacco which to them he oweth &
from them he unjustly detaineth
And whereupon the said Carlisle & Watson by Kenelm Cheseldyn
their Attorney, saith, that whereas the said Nicholas Proddy upon
the twenty fifth day of May Anno Doni One thousand six hundred

Seventy six by his certaine bill or writeing obligatory sealed With
the Seale of him the said Nicholas Proddy & here in Court produced
whose date is the day & yeare abovesaid did confesse & acknowledge
himselfe to owe & stand justly indebted unto the abovesaid John
Cuningham deceased in the just & full sume of the said ffive thou-
sand Eight hundred & fifty pounds of good sound M^rchantable leafe
tobacco in caske, which said sume of ffive thousand Eight hundred
& fifty pounds of tobacco he did thereby promise & ingage to pay or
cause to be well & truely paid to the said John Cuningham to his
Ex^rs or assignes or to his certaine Attorney att some convenient
place in the said County & that upon all demands after the tenth day
of October next ensueing the date thereof, for the true payment
whereof the said Nicholas Proddy did binde himselfe his Exec^rs &
Adm^rs firmly by the said Yet notwithstanding the said Nicholas
Proddy in his life tyme nor the said John Addison since his death

p. 751