396       Provincial Court Proceedings, 1683.

        Liber w. c.     Bryan Dailey and Rebecca his wife and James Pattison Executors
                 of John Askin deceased, Last Court Eight dayes and this Court
                 eight dayes in all Sixteene dayes at thirty pounds of Tobacco p day
                 is ffoure hundred and Eighty pounds.
                  Robert Mason for testifyeing for the same also the same Allowed
                 Ut supra


                Stephen Murty Richard Royston late of Talbott County planter
                     agt was attached to answer unto Stephen Murty of a
                Richard Royston plea of Trespas of the Case.
                              And whereupon the said stephen by Thomas
                 Burford his Attorney complaineth that Whereas the said Richard
                 the second day of Tune in the yeare of our Lord 1681 at the Citty
                 of St Maries was indebted unto the said Stephen in Twelve hogs-
                 heads of tobacco containing the Quantity of ffive thousand Six
                 hundred and ffifty pounds of tobacco ffor soe much of the toba of
                 the said stephen by the said Richard before that time had and
                 received, And the said Richard to the said stephen soe as aforesaid
                 being indebted the said Richard Afterwards that is to say the day
                 and yeare and place aforesaid In Consideracon thereof did assume
                 upon himself and to the said stephen then and there faithfully
                 promise that he the sd Richard the said ffive thousand six hundred
                 and fifty pounds of tobacco to the said stephen when he should be
                 thereunto requested would well and truely content and pay Never
                 theless the said Richard his promise and assumption aforesaid
                 not regarding but minding & fraudulently intending the said Stephen
                 in this behalfe Craftily and subtilly to deceive and defraud, The
                 said five thousand six hundred and fifty pounds of tobacco or any
                 part thereof to the said Stephen hath not payd Although to doe the
                 same the said Richard by the sd Stephen afterwards the day yeare
                 and place aforesaid was requested, but hath hitherto refused and
                 doth still refuse To the Damage of the said stephen of tenn thou
                 sand pounds of tobacco, And thereof he bringeth his suite &c.
                  And the said Richard by Robert Carvile his Attorney cometh and
                 defendeth and defendeth the force and Injury when &c and prayeth
                 liberty to imparle hereunto untill next Provincll Court & it is
                 granted unto him And the sanie day is given to the plt also
                  Now here at this day (to wit) the thirtyeth day of June in the
                 Eighth yeare of the Dominion of the Right honoble Charles Lord
                 Baltemore &c. Annoq Doni 1683. Came the said partyes by their
                 Attorneys aforesaid And the said Richard Royston by his said
                 Attorney sayth, That he did not assume or to the said stephen
                 promise in manner and forme as the sd Stephen above against
                 him hath declared And of this he puts himself upon the Country,
                 And the plt likewise, Itt is therefore comanded the sheriffe of