84 Provincial Court Proceedings, 1678/9.

Liber N N

the said sume of ffive thousand Eighth hundred & fifty pounds of
tobacco to him the said John Cuningham in his life tyme nor unto
the said Carlisle nor Watson since his death according to the tenour
of the said bill hath not paid or satisfied, but the same to pay hath
hitherto denyed & still doth deny to the damage of them the said
Carlisle & Watson Ten thousand pounds of tobacco & thereupon
they bring their suite &c
And the said John Addison by Robert Ridgely his Attorney com-
eth & 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 plaintiffes also
Now here att this day to witt the Eighth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Anoq
Doni 1678 come as well the said plaintiffes as the said Defend^ts by
their Attorneys aforesaid And the said Defend^t by his said Attorny
saith that he for or by reason of any thing above by the said plain-
tiffes in manner & forme aforesaid alleadged against him he hath
no need nor by the Law of the land is bound to Answer And for
reasons according to the forme of the Statute in that case provided
& made he saith, that the said plaintiffes in the Declaracofi above-
said entitle themselves to sue & bring the action abovesaid against
him the said John as Exec^r of the last Will & Testament of John
Cuningham M^rchant deceased, but doe not therein nominate W^m Hat-
ton and Robert Graham that were also Exec^rs of the said Cuningham,
nor expresse by whom the Letters Testamentory of the Testam^t
of the said Cuningham was so granted, nor doe they shew forth
the said Letters Testamentory under the Seale of the Judge Comis-
sary or Officer for probate of Wills &c in this Province, whereby itt
may appeare to the Court here that the said plaintiffes are in truth
Ex^rs of the last Will & testament of the said John Cuningham de-
ceased & right have to sue & bring the action aforesaid And this he
is ready to verifie and prayeth judgem^t of the Court whether he
shall be compelled to make any other or further Answer hereunto
Which being read & heard the said plaintiffes by their Attorney
aforesaid say that they will make no further prosecution against the
said Defend^t in the plea aforesaid Therefore itt is considered by the
Court here that the said plaintiffes take nothing by their writt, but
be in mercy for their false claime And that the said Defend^t goe
thereof without day

p. 753 Tho: Mountfort

ag^t
James Wasse

James Wasse was Attached to Answer unto
Thomas in a plea of trespas upon the case
And the said James Wasse by Robert Carvile
his Attorney cometh & defendeth the force & in-