98 Provincial Court Proceedings, 1679/80.

Liber W. C.

upon the other from one W^m King the Sume of twelve hundred
pounds of tobacco the said John Parker did agree that the said
Sumes should likewise goe in further satisfaction of the said debt
of ffourteen thousand twenty nine pounds of tobacco which said
Sumes amount together to thirteen thousand twenty eight pounds
of tobacco And for the residue of the said Sume of ffourteen thou-
sand twenty nine pounds of tobacco being the sume of one thousand
& one pounds of tobacco the said John Richardson saith that he
alwayes was & still is ready to pay the same All which he is ready
to averr, & therefore prayes judgm^t if the said W^m Dare his action
aforesaid against him ought to haue.
And the said p^lt saith, that he by any thing before alleadged
ought not to be debarred from haveing his action aforesaid, because
he saith, that the said Defend^t the said Sume of ffourteene thou-
sand twenty nine pounds of tobacco to the said Parker in his life
tyme, nor to the said p^lt since his decease (to whom Adm^con of all
& singuler the Goods Chattles & Creditts which were of the said
Parker since his death hath bin comitted) hath not paid according
to the tenour of the said bill obligatory And this he is ready to
averr, whereupon he demands judgm^t & the said debt aforesaid
together with damages for detaining the said debt to be adjudged
unto him

p. 89

And the said Defend^t saith, that he hath paid the said severall
Sumes of tobacco menconed in his said plea, amounting to thirteen
thousand twenty eight pounds of tobacco in part of the said bill of
ffourteen thousand twenty nine pounds of tobacco in manner &
forme as the same is affirmed in his said plea, And as to the re-
mainder of the said ffourteene thousand twenty nine pounds of
tobacco viz^t the Sume of One thousand & one pounds of tobacco,
the Defend^t saith as form^rly that he alwayes wayes & still is ready
to pay the same And of this he putts himselfe upon the Countrey
And the plaintiffe likewise Therefore itt is comanded the Sheriffe
of S^t Maryes County that he cause to come here twelve &c by whom
&c and who neither &c to recognize &c because as well &c
Att which said nineteenth day of ffebruary in the yeare afore-
said came the said parties by their Attorneys aforesaid, & the jurors
impannelled being called likewise came to witt Thomas Cosden,
Joseph Tilley, Marmaduke Semme, Samuell Holdsworth, John King,
W^m Husbands, Tho: Sedgwick, Robert Mason, Tho: Jones, Tho:
Alcock, John Bouchier & Herman Norton who being elected tryed &
sworne to say the truth in the p^rmisses upon their Oaths doe say,
that they finde for the Defend^t Therefore itt is considered that the
said W^m Dare take nothing by his writt aforesaid, but be in mercy
for his false plaint thereon And the said John Richardson may go
from thence without day &