Provincial Court Proceedings, 1683.     419

     & there faithfully promise to pay to the said Philip the said sume of Liber W. C.
     twelve Thousand five hundred sixty two pounds of tobacco when
     he should be thereunto required, And the said Michael Six thousand
     two hundred eighty one pounds of tobacco part of the said sume
     of Twelve thousand five hundred sixty two pounds of tobacco to
     him the said Philip did afterwards satisfy. Nevertheless the said
     Michael his promise and assumption aforesaid as to Six thousand
     two hundred eighty one pounds of Tobacco Residue of the said
     sume of Twelve thousand five hundred Sixty two pounds of tobacco
     in noe wise regarding but deviseing and ifraudulently intending him
     the said Philip of the same six thousand two hundred eighty one
     pounds of tobacco craftily & subtilly to deceive and defraud, The
     said sume of Six thousand two hundred eighty one pounds of
     Tobacco to him the said Philip in his life time nor to the said Jane
     since his death hath not paid or satisfyed but the same to pay and
     satisfy hath hitherto denyed & refused and still doth denye to pay
     the same Although afterwards that is to say the twentyeth Day of
     March in the yeare of Our Lord 168 1/2 at the Citty of St Maryes
     the said Michael was thereunto requested Whereupon the said Jane
     sayth she is damnifyed and hath loss to the vallue of Tenn thousand
     pounds of tobacco And thereupon she bringeth her Suite
       And the said Michael Miller by Kenelm Cheseldyn his Attorney
     cometh and defendeth the force and 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 sixth day of July in the Eighth
     yeare of the Dominion of the Right honoble Charles Lord Balte
     more &c Annoq Doni 1683 came the said partyes by their Attor
     neys aforesaid, and the said Michael Miller by his said Attorney
     sayth that he the sd Michll did pay to the said Philip in his life
     time in part of the said sume of Six thousand two hundred eighty
     one pounds of tobacco. the sume of ffoure thousand sixty two
     pounds of tobacco. and as to Two thousand two hundred and nine
     pounds of tobacco residue of the said sume he the sd Michael con
     senteth that Judgment pass against him for the same, Itt is there
     fore considered by the Court here that the said Jane Calvert Admx
     as aforesaid Recover against the said Michael Miller as well the
     aforesaid sume of Two thousand two hundred & nineteene pounds
     of tobacco Debt as also the sume of Seaven hundred and two
     pounds of tobacco for Costs of suite And the defendant in
     Mercy &c.


     Jno Richardson Comand was given to the Sheriffe of Dorchester p. 736
        agt County that he should take John Hungerford
   Jno Hungerford   late of Dorchester County Otherwise Called John
                 Hungerford of Little Chaptanke in Dorchester