132 Provincial Court Proceedings, 1679/80.

Liber W. C.

by any thing before alleadged ought not to be debarred from have-
ing his action aforesaid, because he saith, that they the afm-psaiH
Josias Lenham & James Balderstone the day of the issuing forth
the originall writt of him the said Thomas Taillor, had divers Goods
& Chattles which were the aforesaid John Desiardins att the tyme
of his death in their hands to be Administred to the Value of the
aforesaid debt of two thousand six hundred sixty two pounds of
tobacco, whereby they were able to satisfie him the same debt And
this he prayeth may be enquired by the Country And the said pⁿ
likewise whereupon the said p^lt refuseth to make any further prose-
cution against the said Defend^ts in the plea aforesaid Therefore
itt is considered that the said Thomas Taillor take nothing by his
writt, but be in mercy for his false plaint thereupon And the said
Josias & James may goe thereof without day Therefore itt is con-
sidered that the said Josias Lenham & James Balderstone recover
against the said Thomas Taillor the sume of Eight hundred Eighty
foure pounds of tobacco for their costs & charges by them about
their defence in this behalfe laid out & expended And the said Josias
& James may haue thereof Execution &c

John Owen

ag^t
Desiardins Adm^rs

Josias Lenham & James Balderstone late of
Kent County, Adm^rs of the Goods Chattles &
debts of John Desiardins deceased, were At-
tached to Answer unto John Owen of London

Drugest, of a plea of trespas upon the case
And whereupon the said John Owen by George Parker his At-
torney complaineth, that whereas the said John Desiardins in his
life tyme, to witt the twenty fifth day of March in the yeare of our
Lord God one thousand six hundred Seventy eight, in consideration
of one Chest of severall Druggs & medicines bought had & received
of him the said John Owen, amounting in the whole to the sume of
thirty foure pounds & thirteen shillings of good and lawfull money
of England, an accompt whereof is here in Court produced, did
assume upon himselfe & to the said John Owen faithfully promise,

thaf hi? the said John Dcoiardina the oaiJ SuiTie of thirty foure

pounds & thirteen shillings when thereunto required would well &
truly content & pay And the said John Owen in fact saith, that
trusting to the faithfull promise of him the said John Desiardins

p. 119

made as aforesaid, did Sell & deliver unto him The said John
Desiardins one Chest of severall druggs and medicines amounting
in the whole to the sume of Thirty foure pounds and thirteen shil-
lings, a particule whereof is herein annexed Yet the said John
Desiardins the said Sume of Thirty pounds & thirteen shillings
in his life tyme hath not paid nor they the said Josias Lenham &
James Balderstone to whom Letters of Administration of all &
singuler the Goods Chattles and debts of the said John Desiardins
att the tyme of his death since his death hath bin comitted, the said