Provincial Court Proceedings, 1679. 41

of the said John & Thomas One hundred forty nine pounds seven
shillings currant money of England by the hand of W^m Stevens
Comander of the shipp Comfort of Bristoll, to render a reasonable
accompt of the same One hundred forty nine pounds & seven shillings
And so the effect of the writt is to have an accompt of Goods
M^rchandize & tobacco And the Declaracon is for an accompt of cur-
rant money of England & tobacco which is manifest & materiall
variance between the said writt & count or declaracon Also the said
Theophilus saith, that in the Declaracon aforesaid itt is sett forth
that whereas the aforesaid Theophilus Turford was receiver of the
Goods M^rchandize & 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

Liber W. C.

yeare of Our Lord One hundred sixty seven, whereas he this
Defend^t was not borne in many hundred yeares afterward itt being
more then ffifteene hundred yeares agoe And by the Lawe of this
land this Court cannot hold plea in an action of accompt of so
ancient a date & standing Also in the same declaracon itt is sett forth,
that this Defend^t received by the hands of of the proper
tobacco of the plaintiffes One hundred & nineteen thousand & Sev-
enty two pounds of tobacco to render a reasonable accompt of the
same One hundred & nineteene thousand & Seventy two pounds of
tobacco to the said John & Thomas Dudlestone when he should be
thereunto required But the said plaintiffes in their said declaracon
doe not possitively & plainly expresse nominate & declare the cer-
taine name or names of the person or persons by whose hands the
said Theophilus received the said pretended Sume of One hundred
& nineteen thousand & Seventy two pounds of tobacco, nor within
what tyme the same was so received as by the Law of the land they
ought to haue done By reason of which incertainties & insufficiencies
the said Theophilus saith that to the said Declaracon of the said
plaintiffes in manner & forme as the same is sett forth he the said
Theophilus is not bound to Answer And this he is ready to averr,
whereupon he demands judgement & that the said action of the said
John & Thomas Dudlestone in manner & forme aforesaid brought
against this Defend^t may abate.
And the said plaintiffes say, that by any thing by the same Defend^t
to the plaintiffes writt or declaracon aforesaid in barre pleaded the
said plaintiffes by the same ought not to be delayed, nor the writt of
the aforesaid plaintiffes upon the plea aforesaid to be abated, but
that the same Defend^t the same writt & declaracon aforesaid is bound
to Answer, because they say that the said declaracon is sufficiently
warranted by the writt upon which the same is grounded, which is
of a plea that the said Defend^t render unto the said plaintiffes his
reasonable accompt of the tyme that he was Receiver of the Goods
M^rchandizes & tobacco of them the said plaintiffes, & which to them
to make justly he ought And the said plaintiffes in their said Decla-

p. 39