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88 Provincial Court Proceedings, 1678/9.
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Liber N N
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said plaintiffes by their Attorney aforesaid say that they will make
no further prosecution against the said Defendt in the plea aforesaid
Therefore itt is considered by the Court here that the said plain-
tiffes take nothing by their writt, but be in mercy for their false
claime And that the said Defendt goe thereof without day
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Thomas Bland
agt
Edward Dorsey
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This action is continued untill next Court.
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p. 755
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Robert Williams
ag
Mary Ward Execrs
Matthew Ward
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Mary Ward Execrs of the last Will & Testamt
of Matthew Ward deceased was Attached to
Answer unto Robert Williams in a plea of tres-
pas upon the case
And whereupon the said Robert by Kenelm
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Cheseldyn his Attorny complaineth, that whereas the said Matthew
in his life tyme to witt the Seventeenth day of May in the yeare of
our Lord One thousand six hundred seventy five stood indebted
unto one Edward Rooke of London the sume of two thousand
pounds of tobacco by bill under hand & Seale, the said Matthew the
day & yeare aforesaid in consideration that George Macall then
Attorney for the said Robert Williams would pay the said two thou-
sand pounds of tobacco to the said Rooke & take in his bill passed
as aforesaid as Attorney aforesaid, the said Matthew did assume
upon himselfe & to the said George Macall Attorny aforesaid of
the said Robert Williams did faithfully promise that he the said
Matthew would when required pay unto the said Robert Williams
the Sume of two thousand pounds of tobacco paid as aforesaid to
the said Edward Rooke by the said Robert Williams on the behalfe
of him the said Mathew Ward And the said Robert in fact saith,
that the said George as he was Attorney of him the said Robert did
out of the tobaccos of him the said Robert pay the said Sume of two
thousand pounds of tobacco aforesaid Notwithstanding which the
said Matthew the said sume of two thousand pounds of tobacco ac-
cording to his promise to him the said Robert Williams hath not paid
in his life tyme nor the said Mary since his death Execrs of the last
Will & testament of the said Matthew hath not paid though often
thereunto required but the same to pay hitherto hath & still denies
to the damage of the said Robert the sume of ffoure thousand
pounds of tobacco & thereupon he bringeth his suite
And the said Mary by Robert Carvile her Attorney cometh &
defendeth the force & injury when &c and prayeth liberty to imparle
hereunto untill next Provinciall Court & itt is granted unto her, the
same day is given to the plaintiff also.
Now here att this day to witt the thirteenth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678. cometh the said parties by their Attorneys aforesaid
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