416        Provincial Court Proceedings, 1683.

       Liber W. C.     hereunto annexed may appeare, And the said John being soe in
                debted the said John in consideracon thereof did assume upon
                himself and to the said James did faithfully promise That he the
                said John the said Sume of Nine thousand One hundred & thirty
                pounds of tobacco & ffoure pounds eighteene shillings Seaven
                pence stert would well and truly pay and satisfy to him the said
                James When he should be thereunto requested, And though the said
                John hath paid unto the said James the sume of ffoure thousand
                forty and six pounds of tobacco part of the said sume of Nine
                thousand one hundred and thirty pounds of tobacco Yett as to ffive
                thousand eighty foure pounds of tobacco Residue of the said sume
                of Nine thousand One hundred and thirty pounds of tobacco &
                ffoure pounds eighteene shillings and seaven pence stert the said
                John his promise and Assumption aforesaid little regarding but de
                viseing and fraudulently intended him the said James in this behalfe
                craftily and subtilly to deceive and defraud, the said sume of ffive
                thousand eighty foure pounds of tobacco and ffoure pounds eight
                eene shillings seaven pence sterl. to him the said James though
                afterwards that is to say the first day of March in the yeare afore
                said at Nantecoke in Somersett County hee was thereunto required
                hath not paid or satisfyed, but the same to pay and satisfie hath
                hitherto denyed and still doth denye to pay the Same to the damage
                of the said James Twelve thousand pounds of tobacco And there
                upon bee bringeth his Suite
                  And the said John Walls by Kenelm Cheseldyn 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, And the same day is given to the plt likewise
                  Now here at this day (to wit) the ffifth day of July in the Eigth
                yeare of the Dominion of the Right Honoble Charles Lord Balte
                more &ca Annoq Doni. 1683 Came the said partijes by their Attor
                neys aforesaid and the said John Walls by the said Attorney Sayth
                That he the sd James his accon aforesaid Ought not to have for
                that hee sayth hee did not assume upon himself in manner and
                forme as the said James Mills in his declaration above hath declared
                against him And of this he putts himself upon the Country, And
                ye plt likewise
                  Itt is therefore comanded the sheriffe of Maries County that
                he cause to come here twelve &c. by whome &c. and who neither &c.
                to recognize &c. because aswell &c.
                  On wth said ffifth day of Julie in the yeare aforesaid came the
                said partyes by their Attorneys aforesaid and the Jurors Impan
                nelled being called likewise came (to wit) Philip Lynes Richard
                Keene, John Hungerford Richard Royston ffrancis Catterson Sam
                uel Dobson, John Wilkenson, Thomas Stonestreet Jacob Lookerman
                Stephen Murty. Dennis Huriey & Hugh Hopeweil Who being elected