328 Provincial Court Proceedings, 1679/80.

Liber W. C.

bacco Deducting thereout foure p Cent for sallary of him the said
Thomas Jones and Tenn p Cent for Sallary for what the said
Brooke should Receive, And the said John England sayth that the
said account and the ord^r thereupon from the said Thomas Jones
to the said Brookes to pay to the said John England the said Two
third parts of the said Twenty nine thousand One hundred & foure
pounds of Tobacco as aforesaid was the full & finall End of all
differences & accounts betweene the said John England and the said
Thomas Jones from the begining of the world to that day, And the
said Thomas Jones being upon the aforesaid account soe indebted
to the said John England the said sume of Nineteene thousand foure
hundred and two pounds and Two thirds of a pound of Tobacco,
Did assume upon himself and to the said plt did then and there
ffaithfully pmise That hee the said Thomas Jones the said sume of
Nineteene Thousand foure hundred and Two pounds and Two
thirds of a pound of Tobacco unto the said John England when
thereunto Required would well and truely Content and batislie, and
that the said Thomas would not Contradict or Countermand the
aforesaid Ord^r given by him the said Thomas to y^e said John Eng-
land for the said John Brookes his Attorney to pay to the s^d John
England the said Two third parts of the said Twenty nine thousand
one hundred and ffoure pounds of Tobacco as aforesaid, Yet the
aforesaid Thomas Jones his pmise and assumption Soe as aforesaid
made not Reguarding but deviseing & fraudulently intending him
the said John England of the said Sume of Nineteene thousand
ffoure hundred and Two pounds and Two thirds of a pound of
Tobacco to deceive & defraud, The said sume of Nineteene thousand
foure hundred and Two pounds & and Two thirds of a pound of
Tobacco though often thereunto required hath not Contented Satis-

p. 3^oo

fyed and payd to the said John England, but the same to pay Alto-
gether refuseth, and the order Soe as aforesaid made for the said
John Brookes to pay the said Two third parts of the said Twenty
nine thousand one hundred and foure pounds of Tobacco to the said
John England as aforesaid hath Contradicted, and the same out of
the hands of the same John Brookes to whome it was delivered by
the assignes of the said John England did take, and the same did
Countermand, and all the Tobacco in the hands of the said John
Brookes for & Concerning the Account in ptnershipp aforesaid hee
the said deft did Receive and the Same to his owne use did Con-
vert Contrary to his pmise aforesaid To the damage of the said
John England Thirty thousand pounds of Tobacco, And thereupon
hee bringeth his suite
And the said Thomas Jones by Robert Carvile his Attorney Com-
eth and defendeth the force and injury when &c and Prayeth Liberty
to imparle hereunto untill next Provinciall Court and Itt is granted
unto him the same day is given to the plantiffe also