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326 Provincial Court Proceedings, 1679/80.
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Liber W. C.
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of seaven Thousand Eight hundred and Two pounds of Tobacco, Hee
the said John England in Consideracon thereof Did assume upon
himself and to the said Thomas did faithfully pmise That hee the said
John the said sume of Seaven thousand Eight hundred & two pounds
of Tobacco to him the said Thomas when hee Should bee thereunto
requested wnnlrl well and truly pay and satisfy. Yet Notwithstand-
ing the said John the said sume of seaven thousand Eight hundred
and Two pounds of Tobacco to him the said Thomas though often
thereunto requested hath not payd or satisfyed, but the same to pay
and satisfy hath hitherto denyed and still doth denye & refuse to pay
the same To the Damage of the said Thomas ffourteene thousand
pounds of Tobacco and thereupon hee brings his suite,
And the said John England by Robert Ridgely his Attorney Com-
eth and Defendeth the force and Injury when &c and prayeth Lib-
erty to imparle hereunto untill next Provinciall Court and It is
granted unto him the same day is given to the plantiffe Likewise
Now here att this day to witt the one and Twentyeth day of
ffebruary in the sixth yeare of the Dominion of the Right Honoble
Charles Lord Baltemore &c Annoq; Dominj 1680 Came aswell the
said Thomas Jones as the said Jno England by their Attorneys afore-
said, And the said John England by his said Attorney saith that hee
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p. 298
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Did not Assume & pmise in manner & forme as the said Thomas
Jones above against him hath Complained, and of this hee puts him-
self upon the Country, and the plt also: Whereupon the sd plt
refuseth to make any further prosecucon against the said deft in the
plea aforesaid Therefore Itt is Considered that the said Thomas
Jones take nothing by his writt but bee in mercy for his false plaint
thereupon, and the said John England may goe thereof without day
& that the said John England Recover against the said Thomas Jones
the Sume of Eight hundred ninety two pounds of Tobacco for his
Costs and charges by him about his Defence in this behalf Layd out
and Expended, and the said John may have thereof Execucon
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John England
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Thomas Jones
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Thomas Jones late of Somersett County was at-
tached to answere unto John England of a plea of
Trespas Upon the case
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And Whereupon the said John England by Chris-
topher Rousby his Attorney Complaineth, That Whereas the said
John England Liveing and Resideing in the Citty of Bristoll in the
Kingdome of England hath used at seaverall times to adventure and
send Divers goods and Marchandizes for Virginia and this Province
to purchase Tobacco, aswell upon his pticuler & pper accompt as in
partnershipp with others, and whereas the said John hath for divers
yeares heretofore imployed the said deft as his ffactor in this Prov-
ince wth seavll Cargoes, and hath Joyned in partnershipp wth the deft
and one Thomas Bisse of the Citty of Bristoll Marchant in a Cargo
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