156      Provincial Court Proceedings, 1681/1682.

      Liber W. C. susanna his wife and John Gyatt and Alice his wife Executrixes as
                  aforesaid take nothing by their writ aforesaid. but be in Mercy for
                  their false Claime thereupon, and that the said Kenelm Cheseldyn
                  goe thereof without day &c.

                  John Baker  Daniel Carnell late of Talbot County gentl was At
                    agt tached to answere unto John Baker of a plea of
                  Daniel Carnell  Trespasse of the Case
                             And whereupon the said John Baker by Robert
                  Ridgely his Attorney complayneth that Whereas the said Daniel
                  the sixth day of March 1679 being Justly indebted unto the said
                  John in the sume of Two thousand three hundred pounds of tobacco
                  for divers goods and Marchandizes to him the said Daniel by the
                  said John att the Speciall instance and request of him the said Daniel
                  before that time sold and delivered, In Consideration whereof the
                  said Daniel did Assume upon himself and to the said John Did then
                  and there faithfully pmise that the said Daniel him the said John
                  the said sume of Two thousand three hundred pounds of tobacco
                  when thereunto required would well and truely content & pay. Yett
                  Neverthelesse the said Daniel his promise and assumption afore
                  said made not regarding, but Deviseing and fraudulently intending
                  him the said John in that behalfe Craftily and Subtilly to deceive &
                  defraude the said Sume of Two thousand three hundred pounds of
                  Tobacco according to his promise and Assumption aforesaid hath
                  not payd Although often thereunto required but the same to pay
                  hath denyed and still doth denye to ye Damage of the said John
                  ffoure thousand six hundred pounds of tobacco And thereupon he
                  bringeth his suite
                   And the said Daniel Carnell by Robert Carvile his Attorney
                  cometh and Defendeth the force & injury when &c and prayeth
                  Liberty to imparle hereunto untill next Provinciall Court and it is
                  granted unto him the same day is given to the Plantiffe Likewise
                    Now here at this day to wit the sixth day of March in the seaventh
                  yeare of the Dominion of the Right honoble Charles Lord Balte
                  more &c. Annoq Doni 1681 came the said partyes by their Attor
                  neys aforesaid and the said Daniel Carnell by his said Attorney
                  sayth That the said John Baker his accon aforesaid against him
                  ought not to have, Because he sayth that the said John after the said
                  sixth day of March 1679 in ye Declaration menconed on wch day
                  it is suposed the said Daniel stood Justly indebted to the said John
                  the sd sume of Two thousand three hundred pounds of tobacco,
                  that is to say upon the seaventeenth day of March in the yeare of
                  our Lord 1679 aforesaid by his writeing undr his hand & here in
                  Court produced. did acknowledge to have Received of the said
                  Daniel Carnell the sume of ffive thousand three hundred and fifty
                  pounds of tobacco in full of all bills bonds and dues debts & demands
                  whatsoever from the beginning of the world untill that day and