40 Provincial Court Proceedings, 1670.

Liber W. C.

accompt of the tyme that he was Receiver of the Goods M^rchandizes
& tobacco of them the said John & Thomas Dudlestone & which to
them to make justly he ought
And whereupon the said John & Thomas Dudlestone by George
Parker their Attorney say, that whereas the said Theophilus Tur-
ford was Receiver of the Goods M^rchandizes & tobacco of them
the said John & Thomas Dudlestone from the day of in
the yeare of our Lord One hundred sixty seven untill the day
of in the yeare of our Lord One hundred sixty seven, & by
the same tyme received of the Goodes & M^rchandizes of the said

p. 38

John And Thomas One hundred forty nine pounds Seven shillings
currant money of England by the hand of William Stevens Co-
mander of the shipp Comfort of Bristoll at Pertuxon river in this
Province And also by the hands of
received of the proper tobaccoes of the said plaintiffes one hundred
& nineteen thousand & seventy two pounds of tobacco, to render a
reasonable accompt as well of the same One hundred forty nine
pounds seven shillings As also of the same one hundred & nineteen
thousand and Seventy two pounds of tobacco to the said John &
Thomas Dudlestone when he should be thereunto required Neveryles
the same Theophilus Turford although often required hath not yet
rendred his reasonable accompt aforesaid to the said John & Thomas
Dudlestone, but hitherto hath denyed & yet doth deny to render unto
them the same, whereupon they say they are damnied & haue lost
of the Value of six hundred pounds sterl & thereupon they bring
their suite
And the said Theophilus Turford by Christopher Rousby his
Attorney cometh & defendeth the force and 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 plaintiffes
likewise.
Now here att this day to witt the ffifteenth day of Octob^r in the
fourth yeare of the Dominion of the right Hon^ble Charles Lord
Baltemore &c Annoq Doni 1679 came the said parties by their Attor-
neys aforesaid And the said Theophilus by his said Attorney saith,
that the matter in the said plaintiffes declaracon alleadged in manner
& forme as the same is therein sett forth is insufficient in Lawe to
him the said Theophilus to answer because he saith first that the
said declaracon is not sufficiently warranted by the writt or precept
whereupon the same is pretended to be grounded, for that the said
writt is for the said Theophilus to Answer unto John Dudlestone &
Thomas Dudlestone of a plea that he render unto them his reason-
able accompt of the tyme he was receiver of the Goods M^rchandize
& tobacco of them the said John & Thomas & which to them to make
justly he ought And in the Declaracon the said plaintiffes doe charge
the said Theophilus with the receipt of Goods M^rchandize & tobacco