260       Provincial Court Proceedings, 1682.

 Liber W. C.     said at the like speciall instance and request of him the said Joshua
                 had sold and delivered unto him the said Joshua divers goods
                 Servants and Marchandize, And also had payd for him the said
                 Joshua by his order unto one John Butler a Taylor the sume of
                 ffive hundred and fifty pounds of tobacco, wch said goods Servants
                 marchandizes and Tobacco payd as aforesaid amounteth to the
                 sume of Twenty eight thousand One hundred seaventy two pounds
                 of tobacco, wch said sume of Twenty eight thousand and one hun
                 dred Seaventy two pounds of tobacco together with the said sume
                 of Nine thousand Eight hundred thirty six pounds of Tobacco
                 as aforesaid Amounteth in all to the Sume of Thirty eight thou
                 sand & eight pounds of tobacco a pticuler whereof is by the said
                 George Ready here in Court to be produced, In Consideracon whereof
                 the said Joshua Guibert did assume upon himself and to the said
                 George then and there did faithfully promise that he the said Joshua
                 him the said George the said Sume of thirty eight thousand & eight
                 pounds of Tobacco when thereunto required would well and truly
                 content and pay, And the said George in fact Sayth that although
                 the said Joshua in pursueance of his promise and Assumption afore
                 said to the said George Soe as aforesaid made the sume of ffifteene
                 thousand Seaven hundred and Sixty pounds of Tobacco part of
                 the said thirty eight thousand and Eight pounds of tobacco to him
                 the said George hath paid Yett the said Joshua his pmise and
                 Assumption aforesaid as to twenty two thousand two hundred
                 forty eight pounds of Tobacco residue of the said thirty eight thou
                 sand & Eight pounds of tobacco little regarding but deviseing &
                 fraudulently intending him the said George of the aforesaid sume
                 of Twenty two thousand two hundred forty eight pounds of to
                 bacco Residue as aforesaid to deceive and defraud the same Twenty
                 two thousand Two hundred forty eight pounds of tobacco to him
                 the said George according to his promise and Assumption as afore
                 said although often thereunto required hath not payd, but the same

                 to pay hath denyed and still doth denye to the damage of him the
                 said George fforty thousand pounds of tobacco And thereupon he
                 bringeth his suite
                  And the said Joshua Guibert by Kenelm Cheseldyn his Attorney
                 cometh and defendeth the force and injury when &c. & prayeth lib
                 erty to imparle hereunto untill next provincll Court & it is granted
                 unto him the same day is given to the plt likewise
          p. 607 Now here at this day (to wit) the eighteenth day of October in
                 the Seaventh yeare of the Dominion of the Right honoNe Charles
                 Lord Baltemore &c Annoq Domini One thousand Six hundred
                 Eighty & two came the said Defendant by his Attorney aforesaid,
                 but the said Joshua Guibert refuseth to make any farther psecution
                 against him in the plea aforesaid Therefore Itt is Considered by
                 the Court here that the said George Tyte take nothing by his writ