10 Provincial Court Proceedings, 1679.

Liber W. C.

p. 10

said woman Servant as also of the said severall Goods and M^rchan-
dizes & Creditt given is here in Court produced amounting together
in the whole to Thirteen thousand one Hundred ninety three pounds
of tobacco, did assume upon himselfe & to the said Charles did faith-
fully promise, that he the said Michael the aforesaid Sume of
Thirteen thousand one hundred ninety three pounds of tobacco unto
him the said Charles when he should be thereunto required would
well and truely pay & content, Yet the said Michael his promise &
assumpcon aforesaid little reguarding, but plotting and contriveing
him the said Charles in his life tyme, & after his decease them the
said Richard & George Ex^rs of the last Will & testam^t of him the
said Charles of the said thirteen thousand one hundred ninety three
pounds of tobacco wholy to defraud & deceive, the same thirteen
thousand one hundred ninety three pounds of tobacco unto the said
Charles in his lifetyme, or unto the said Richard & George since his
death hath not paid, but the same to pay hath denyed & still doth
deny, in hinderance of the Execution of the last Will & testam^t afore-
said And whereupon the said Richard & George say they are the
worse & have losse to the Value of twenty thousand pounds of
tobacco & thereupon they bring their suite And the said Richard &
George produce here in Court the Letters testamentory of them the
said Richard & George whereby itt may appeare to the Court here
that they are Ex^rs as aforesaid & right have of Administracon.
And the said Michael Taney by Charles Boteler his Attorney
cometh & 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 p^lts also.
Now here att this day to witt the thirteenth day of Octob^r in the
fourth yeare of the Dominion of the right Hon^ble Charles Lord Bal-
temore &c Annoq Doni 1679 came the said parties by their Attor-
neys aforesaid And the said Michael by his said Attorney saith,
that he did not promise & assume in manner & forme as the p^lts above
in their declaracon have declared And of this he putts himselfe upon
the Countrey And the p^lts likewise. Therefore itt is comanded the
Sheriffe of S^t Maryes County that he cause to come here twelve
&c by whom &c and who neither &c to recognize &c because as well &c
On which said Thirteenth day of Octob^r in the yeare aforesaid came
as well the said p^lts as the said Defend^t by their Attorneys aforesaid
And the jurors impannelled being called likewise came, to witt
Edward Inglish, W^m Collins, John Haslewood, Jacob Loton, Cor-
nelius Comegijs, Richard Baily, W^m Cole, John Askin, Samuel
Goosey, Symon Sprackling, Emanuell Ratcliffe & Edward Dorsey,
who being Elected tryed & sworne to say the truth in the p^rmisses
upon their Oaths doe say that the said Michael Taney did not assume
& promise in manner & forme as the said plaintiffes above against
him hath declared Therefore itt is considered that the said Richard