Provincial Court Proceedings, 1681/1682. 149

     purchased That then the said Thomas did binde himself his heires         Liber W. C.
     &c. to deliver unto the said John or his order the said seaverall
     Sumes as aforesaid Received at a Convenient Landing in st Jeromes
     Creeke, the said John Allowing for Caske & salt a Reasonable
     Price as is sold comonly from one to another And also takeing the         p. 520
     said Meate att the Greene weight as it was first bought as by the
     said writeing Relation being thereunto had more fully & more at
     Large it doth & may appeare, and the said Thomas further sayth
     that in Pursueance to the writeing aforesaid he did the said Eighth
     day of January in the yeare 1680 aforesaid Deliver to the said John
     the said seaverall sumes of Porke Received as aforesaid in St Jeromes
     Creeke aforesaid & then and there did fully account wth him the
     said John of the Tobacco and Porke aforesaid And this he is
     Ready to Averre and thereupon Demands Judgment of the Court
     if the said John his Action aforesaid against him Ought to have,
     Whereupon Robert Carvile the Plts Attorney produced to the
     Court here a Certaine writeing wch followes in these words Viz
     Itt is this day being the Eight and Twentyeth day of ffebruary
     1681 agreed that the account in question betweene John Pinke
     Plantiffe and Thomas Jones deft be referred to Henry Smith and
     Robert Mason Auditors to heare and state the account to the Court
     as witnesse our hands.
                                     Robert Carvile
                                     Thomas Jones
       And the said Thomas Jones being prsent in Court acknowledged
     to have Consented thereunto:
       Therefore itt is Considered by the Court here that the aforesaid
     Thomas Jones Account with the said John Pinke for the time he
     was Receiver of the goods and Tobacco of him the said John by
     the time aforesaid Received in the forme in wch the Plantiffe above
     hath Declared against him. And hereupon Harry Smith and Rob
     ert Mason gentl are Assigned Auditors by the Court here to Audite
     State and Examine the said account soe as they make their Report
     thereof to the Justices of this Court, wth all Convenient speede, &
     that they the said Auditors be Armed with a Comission to Empower
     them to audite state and Examine the said accompt in manner afore
     said & to Examine witnesses Upon oath if Occasion require touch
     ing and Concerning the premisses
       And thereupon a Comission issued wch followes in these words: viz
     Charles Absolute Lord and Propry of the Provinces of Mary
     land and Avalon Lord Baron of Baltemore &c. To Henry smith &
     Robert Mason of st Maryes County in our said Province of Mary
     land Greeting Whereas Thomas Jones late of Somerset County in
     Our said Province of Maryland was Sumoned to answere unto John
     Pinke Marchant of a Plea that he rendr unto him his reasonable
     account for the time he was the Receiver of the goods & tobacco of