Provincial Court Proceedings, 1679. 37

said Sume of Eighteen hundred & forty pounds of tobacco to him
the said John hath not paid according to the tenour of his said bill,
nor the said Marke Cordea since his death Adm^r of all & singuler
the Goods Chattles & debts which were the said Samuels att the
tyme of his death since his death to him comitted hath not paid
though often thereunto required but the same to him to pay hitherto
hath & still denies to pay to the damage of him the said John the
Sume of foure thousand pounds of tobacco, & thereupon he bringeth
his suite
And the said Marke Cordea by Robert Ridgely his Attorney com-
eth & 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 plaintiffe also
Att which said next Provinciall Court came the said parties by
their Attorneys aforesaid And the said Marke Cordea by his said
Attorney saith, that as to nine hundred pounds of tobacco part of
the said Eighteen hundred forty pounds of tobacco, the said Marke
saith that the said John his Action aforesaid against him for the
same ought not to haue, because the said Samuel Brocutt in his life
tyme him the said John Barnes the said nine hundred pounds of
tobacco in part of the said Eighteen hundred & forty pounds of
tobacco according to the tenour of the said bill well & faithfully paid,
& this he is ready to averr, & therefore demands judgem^t if the
aforesaid John Barnes his action aforesaid against him for the said
Nine hundred pounds of tobacco ought to have And as to Nine
hundred & forty pounds of tobacco residue of the said Eighteene
hundred & forty pounds of tobacco the said Marke saith, that the
said John his action aforesaid against him for the same ought not
to have, because he saith that he hath fully Administred all & singu-
ler the Goods & Chattles which were of the said Samuell att the tyme
of his death in his hands remaining to be Administred, nor had he
any Goods & Chattels of the said Samuell in his hands to be Admin-
istred att the sueing out the original writt of the said John Barnes
in the action aforesaid, nor att any tyme since And this he is ready
to averr, & thereupon demands judgem^t of the aforesaid plaintiffe
his action aforesaid for the same against him ought to have
And the said John saith, that he the said John ought not to be
debarred from haveing his action aforesaid, for that he saith, that
the said Samuell in the life tyme of him the said Samuell, did not
pay unto him the said John the Sume of Nine hundred pounds of
tobacco in part of satisfacon of the said debt of Eighteen hundred &
forty pounds of tobacco And of this he putts himself upon the
Countrey And as for the residue of the said debt of Nine hundred
& forty pounds of tobacco the said John saith that the said Mark

Liber W. C.

Cordea had not Att the tyme of the issuing forth of the Originall
writt of him the said John fully Administred the Goods & Chattles

p. 36