Provincial Court Proceedings, 1679/80. 85

porke, foure barrells & halfe of Indian Come out of Som^rsett County
hath not transported, to the damage of the said plaintiffe three thou-
sand pounds of tobacco. To which the Defend^t pleaded the generall
issue, & gaue the speciall matter in Evidence in this manner
I^st ffirst as to the One hundred pounds of porke the Defend^t was
to pay him, the Defend^t brought the same over for him in March
One thousand six hundred Seventy seven, but he & his sloope were
presst away then. March was the first tyme winde and weather would
permitt him to come over, that he had tendred the same since but the
plaintiffe would not receive the same
2^dly That the Defend^t was only to transport the Guelding beefe
porke & corne of Revells when they were put on board his sloope And
as soone as they were putt on board the sloope the transported the
gelding & ninety nine pounds of porke & foure hundred & fifty
pounds of beefe, all which he received in Septemb^r One thousand
six hundred Seventy Eight, in full for his due from Revell. And
before the issuing out of the originall he ha[d] received satisfaction
from Revell for the foure barrells & halfe of corne as by receipts
under the plaintiffes hand for the corne & meat then produced ap-
peared And that he had received the mare & Colt was not in ques-
tion, & all of them long before the tryall. So that the only thing in
question was the One hundred pounds of porke the Defend^t was to
pay & had tendered as aforesaid & he refused to receive the same,
so that there was no colour for action for more then the One hun-
dred pounds of porke, which being under the Value of fifteen
hundred pounds of tobacco ought to haue bin sued in the County
Court according to the Act in that case made & provided, but the
jury being impannelled & sworne upon the whole declaration found
for the plaintiffe foure hundred pounds of tobacco for the said
one hundred pounds of porke. Whereupon the said Defe[nd^t] saith,
that the said foure hundred pounds of tobacco is not by the Act
aforesaid tryable in this Court, nor within the jurisdiction thereof,
And for that reason he desireth the said judgem^t may be Arrested.
Which reasons aforesaid being read heard & argued, & by the Jus-
tices here fully understood, itt seemeth to the same Justices, that the
reasons aforesaid are insufficient in Lawe to Arrest judgm^t upon
the Verdict of the jurors aforesaid. Therefore itt is considered, that
the said James Lewis recover against the said Miles Grey as well the
Sume of ffoure hundred pounds of tobacco damages by the jurors
aforesaid in forme aforesaid assessed As also two thousand six
hundred & nineteen pounds of tobacco costs of suite And the Defend^t
in mercy &c

Liber W. C.