70        Provincial Court Proceedings, 1681.

 Liber W. C.    & foure pence And the said Joseph Pile did afterwards to wit upon
                the six and twentieth day of February in the yeare of our Lord
                1679 at the instance and request of the said Thomas Toulson &
                pursueant to the agreement and promisses aforesaid shipp in the Port
                aforesaid on board the shipp Margaret of London Edward Watkins
                Comandr Twenty foure hogsheads of Tobacco Containing Neate
                Nine Thousand Nine hundred and eighty pounds of Tobacco & sent
                and Consigned the same as aforesaid, wch at fourteene shillings p Cent
                comes to sixty and Nine pounds seaventeene shillings and Two pence
                and the said Joseph Pile did Likewise at the speciall instance and
                request of the said Thomas Toulson & pursueant to the agreemt &
                promisses aforesaid Afterwards to wit upon the ninth day of Aprill
                in the yeare of our Lord 1680 shipp on board the Shipp the Willing
                minde of London Jno Lucom Comandr Two hundred and seventeene
                hogsheads of tobacco Containing Neate Ninety three thousand ffive
                hundred thirty and seaven pounds of tobacco, & sent and Consigned
                the same to the said Thomas Toulson in London as aforesaid, wch
                att ifourteene shillings p Cent as aforesaid comes to six hundred
                fifty and foure pounds fifteene shillings and Two pence, All wch said
                seavll sumes of Money doe in the whole amount unto the sume of
                One thousand three hundred Ninety three pounds six shillings and
                ffive pence, And the said Joseph Pile in ifact saith that Notwithstand
                ing that the said Thomas Toulson hath received the seaverall quanti
                ties of Tobacco aforesaid & hath pursueant to his agreement & prom
                isses aforesaid at seaverall times payd to the said Joseph the sume
                of twelve hundred thirty & three pounds eighteene shillings and eight
                pence part of the said sume of thirteene hundred Ninety and three
                pounds six shillings and five pence, Yet as to one hundred ffifty and
                Nine pounds seaven shillings and Nine pence Residue of the said sume
                of Thirteene hundred Ninety and three pounds six shillings & five
                pence The said Thomas Toulson his agreement promisses and assump
                tion aforesaid Little regarding but deviseing and Fraudulently intend
                ing him the said Joseph pile in this behalfe Craftily and subtilly to de
                ceive and defraude the said sume of One hundred ffifty and Nine
                pounds seaven shillings and Nine pence to him the said Joseph Pile ac
                cording to his agreement promisses & Assumptions aforesaid Though
                the said Thomas Toulson by the said Joseph Pile heretofore that is
                to say the sixth day of December in the yeare of our Lord 168o
                Att Bushwood in St Maryes County aforesaid was thereunto re
                quested hath not payd or satisfied, but the same to pay and satisfy
                hath hitherto Denyed & refused and still doth denye and refuse to
                pay & Satisfy the same by wth the said Joseph Pile the whole
                Comodity and vantage wch hee the said Joseph with the said sume
                of Money by buying and selling and Lawfully Marchandizeing might
                have had and gained he hath altogether lost & was hindered of
                whereby he saith that he is the worse and hath losse to the Vallue of
                three hundred pounds sterling And thereupon hee bringeth his suite