Provincial Court Proceedings, 1683.     347

    Marmaduke Bowdler Samuel Tovey late of Kent County Marchant              Liber W. C.
        agt was attached to answere unto Marmaduke
    Samuel Tovey Bowdler of the Citty of Bristoll Woolen
    Draper of a plea of Trespas upon the Case.
      And Whereupon the said Marmaduke Bowdler by George Parker
    his Attorney complaineth that whereas the said Marmaduke Bowdler
    the tenth day of October in the yeare of our Lord God 1674 at the
    Citty of Eristoll in the Kingdome of England at the special instance
    and request of the said Samuel Tovey had sold and Delivered to the
    said Samuel Tovey and his order, One yard and a halfe of fyne
    mixt Cloth at the price of Eleaven shillings, Twenty Six yards and
    a halfe of grey Kersey at the price of three and twenty pence p yard
    the sume of Two pounds tenn shillings and nine pence halfpenny.
    fforty seaven yards of Pennistone Cotten at the price of one and
    twenty pence p yard the sume of ffoure pounds two shillings and
    three pence, Twenty five yards and a half e of fyne mixt Kersey
    at the price of three shillings p yard the sume of three pounds
    Sixteene shillings and Six pence Twenty eight yards of grey Kersey
    at the price of Two shillings p yard the sume of Two pounds and
    sixteene shillings, Twenty six Yards and a halfe of mixt Kersey
    at the price of two shillings p yard the Sume of Two pounds and
    thirteene shillings fforty foure yards and a ha!fe of pennistone at
    the price of one and twenty pence p yard the Sume of Three pounds
    and Seaventeene shillings and tenn pence, Two peices of white
    Cotten at the price of thirty two shill p peice the Sume of Three
    pounds and foure shillings, and two peices of red Cotten att the
    price of thirty Eight shillings p peice the sume of three pounds
    and sixteene shillings Amounting in the whole to the full & Just
    Sume of Twenty Seaven pounds Seaven shillings & foure pence
    of sterling money of England, the said Samuel Tovey in Con
    sideracon thereof the Same tenth day of October in the yeare above-
    said upon himself did Assume and to the said Marmaduke Bowdler
    then ifaith fully promised that he the said Samuel Tovey the afore
    said Sume of Twenty seaven pounds Seaven shillings and foure
    pence to the said Marmaduke when thereunto required or upon the
    foure and twentyeth day of March then next Ensueing would pay.          p. 681
    NotwithStanding the Said Samuel his promise and Assumption
    aforesaid Little regarding but meaning and fraudulently intending
    him the said Marmaduke in this beha!fe craftily and Subtilly to
    deceive and defraud The said Sume of twenty seaven pounds Seaven
    shillings and foure pence according to his promise and Assumption
    aforesaid to the Said Marmaduke hath not payd nor any wayes
    Contented Although often thereunto required, but the same to him
    to pay hath refused and as yet doth refuse Whereupon the said
    Marmaduke sayth he is Damnifyed and hath Losse to the vallue