28 Provincial Court Proceedings, 1679.

Liber W. C.

pounds of good sound M^rchantable leafe tobacco in cask which from
him he unjustly detaineth
And whereupon the said Miles Grey by Robert Ridgely his Attor-
ney saith, that whereas the said Richard Chillman in his life tyme
to witt the Sixteenth day of ffebruary in the yeare of our Lord
One thousand six hundred seventy & seven by his certaine bill Obliga-
tory Sealed with the Seale of him the said Richard & here in Court
produced whose date is the day & yeare aforesaid, did acknowledge

p. 27

himselfe to owe & stand indebted unto the said Miles in the Full &
just Sume of two thousand seven hundred pounds of good sound
M^rchantable leafe tobacco in cask, to be paid att or before the tenth
day of Octob^r next ensuing the date of the same bill Obligatory att
some convenient place in Som^rsett County to be paid unto the said
Miles his heyres Ex^rs Adm^rs or assignes To which paym^t well &
truely to be made the said Richard did binde himselfe his heyres
Ex^rs & Adm^rs firmly by those p^rsents Notwithstanding which the
said Richard Chilman in his life tyme nor the said Gerard since his
death to whom Admcon of all & singuler the goods Chattles rights
& creditts which were of the said Richard in his life tyme since his
death hath bin comitted, the said two thousand seven hundred pounds
of tobacco to him the said Miles according to the tenour of the said
bill Obligatory although often thereunto required have not paid, but
the same to pay hath denyed & gainsayed, & to pay the same as yet
doth deny & gainsay whereupon the said Miles saith he is damni-
fied & hath cost to the Value of foure thousand pounds of tobacco
And thereupon he bringeth his suite
And the said Gerard Slye by Christopher Rousby his Attorney

cometh & defendeth the force &. injury when &c and saith nothing

in barr or avoidance of the action of him the said Miles Grey,
whereby the said Miles remaines against the said Gerard thereof
wholy undefended Therefore itt is considered by the Court here
this day to witt the thirteenth day of Octob^r in the fourth yeare of
the Dominion of the right Hon^ble Charles Lord Baltemore &c Annoq
Doni 1679. tha the said Miles Grey recover against the said Gerard
Slye Adm^r as aforesaid as well the sume of two thousand seven
hundred pounds of tobacco debt As also five hundred forty foure
pounds of tobacco costs of suite So that Execution thereof cease
untill Assetts shall come to the hands of the said Adm^r And the
Defend^t in mercy &c

Edward Mollins
ag^t
Gerard Slye Adm^r
Richard Chillman

Gerard Slye Adm^r of all & singuler the Goods
Chattles & creditts which were of Richard Chill-
man deceasd was Attached to Answer unto Ed-
ward Mollins Chirurgion of a plea of trespas
upon the case.