118 Provincial Court Proceedings, 1681/1682.

     Liber W. C. Nor doe appeare for Tobacco paid by the Order and request Of the
                 said Thomas Stagg for wch onely ye plt sues & Declares
                 (2dly) In the second or third Article of the said accot on the Dr
                 side Itt is sayd To seaven pounds five shillings Lent his wife
                 in England att 1d p pound One thousand seaven hundred & forty
                 pounds of Tobacco, & To Capt Matthew Paine payd him for her
                 Three hundred pounds of Tobacco In all Two thousand and fforty
                 pounds of Tobacco, Itt is not sayd by Whome payd nor when payd,
                 & to Declare for a sume and not to ascertaine when or by whome
                 payd is sufficiently vitious and Erronious, and if the same were
                 paid by the plt or his order he ought to have said soe and by whome,
                 and if that payment referre to the date before it in ye margent
                 being ye 16th of Aprill it contradicts the Article, for she was then
                 the said Thomas's wife & in this Province, and If it were payd in
                 England she was then Mrs Ogle, and It was long before ye six
                 teenth of Aprill, and Soe the accot sworne to as to that pticuler
                 falce Besides admitt the said Plt or his Ordr did pay for or sold
                 the said Thomas Staggs wife Dum sola fuit money or goods and that
                 an action Lay against the Husband & wife for the same, Yet he
                 being Dead the plantiffe in Lawe Cannot charge the Admr of the
                 said Thomas stagg for the Assumption of the said Thomas for a
                 consideracon past at the time of the Assumption wch is not binde
                 ing Nor can that payment supposed to be made to her the said
                 Mrs Ogle be by Intendment in Lawe wthin the Meaneing of ye
                 Assumption or purveiw of the said Declaration wch Counts for
                 goods sold Thomas Stagg & Tobacco payd for him and by his spe
                 ciall Order & request betweene the said ffive & twentyeth of March
                 1678 and the fourth of October following
                (3dly) The Accot charges to Thomas Wright undertaken to pay
                for him One thousand pounds of Tobacco But Does not say when
                Nor upon what Consideracon, and the bare A!egacon & charge that
                he did Assume to pay for the said Thomas Wright without a suffi
                cient consideracon to Oblige him to such promise is not bnding in
                Lawe against the party Assumeing, much Lesse his Admr, but the
                plt Ought to have said That Whereas the said Thomas Wright
                stood indebted to the plt 1000li Tobacco The said Thomas Stagg in
                Consideracon that the said plantiffe at the speciall instance and Re
                quest of him the said Thomas Stagg would give him farther day
                or forbeare to sue him &c did assume, & had the said Thomas Stagg
                been Security for the said Thomas Wright to the said PIt & he or
                his Admr had been Legally sued for ye same the Lawe would have
                given them by an accon De plegys acquietandis, but as they stand
                Now charged the said Margaret hath not apparent Remidy if the
                Lawe will charge her as Admrx
                 (4thly)--Hee sayes in the same accot To Henry Bell undertaken
                 to pay for him Two hundred and sixty pounds of Tobacco, she