32 Provincial Court Proceedings,1679.

Liber W. C.

Thomas upon himselfe did assume & to the said John did faithfully
promise, that he the said Thomas him the said John when there-
unto required the said Sume of thirteen thousand five hundred &
fifty pounds of tobacco would well & truely content & pay In pur-
suance whereof the said Thomas him the said John Eleven thousand
one hundred sixty nine pounds of tobacco part of the said thirteen
thousand five hundred & fifty pounds of tobacco paid, but as to two
thousand three hundred Eighty one pounds of tobacco residue of the
said Sume of thirteene thousand five hundred & fifty pounds of
tobacco to him the said John due as aforesaid, the said Thomas Jones
contriving & designing him the said John Penroy of the same two
thousand three hundred Eighty one pounds of tobacco to deceive &
defraud, his promise & assumption so as aforesaid made not re-
quarding, the said Thomas him the said John the said two thousand
three hundred Eighty one pounds of tobacco according to his
promise although often thereunto required hath not paid & satisfied,
but the same to pay and satisfie hath denyed & as yet doth deny to
the damage of the said John Penroy foure thousand pounds of
tobacco & thereupon he bringeth his suite

p. 31

And the said Thomas Jones by Robert Carvile 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^lt also
Now here att this day to witt the fifteenth 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 partyes by their Attor-
neys aforesaid And the said Tho: Jones by his said Attorney saith,
that he did not assume and promise in manner & forme as the said
John Penroy above against him hath complained And of this he
putts himselfe upon the Countrey And the plaintiffe likewise There-
fore 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 ffifteenth day of Octob^r in the
yeare aforesaid came the said parties by their Attorneys aforesaid
And the jurors impannelled being called likewise came to witt
Edward Inglish, W^m Collins, John Haslwood Jacob Loton, Cor-
nelius Comegijs, Richard Baily, W^m Cole, John Askin, Edward Dor-
sey, John Staynes, W^m Layton & Symon Spracklin, who being elected
tryed & sworne to say the truth in the p^rmisses upon their Oaths
doe say, that the said Thomas Jones did assume & promise in manner
& forme as the said John Penroy hath above complained And they
assesse the damage of the said John Penroy to two thousand & six
pounds of tobacco Therefore itt is considered that the said John
Penroy recover against the said Thomas Jones as well the sume of
two thousand & six pounds of tobacco damages by the juro^rs afore-
said in forme aforesaid assessed As also One thousand One hundred
& foure pounds of tobacco costs of suite And the Defend^t in mercy &c