88         Provincial Court Proceedings, 1681.

 Liber W. C.     some other finde in his place, Nor did hee after the Tenth day of
                 January 1680 aforesaid provide and put on the said Nicholas
                 one other servant, Or the said Two servants maintaine & uphold, &
                 in this also That the said John Baker did not allowe or finde to the
                 said Nicholas Three horses a plough and Cart, Nor hath he Deliv
                 ered to the said Nicholas for provisions for the provision for his two
                 servants this yeare ffive barrells of Corne and Two hundred weight
                 of meate Nor hath hee the said John furnished the said Nicholas
                 wth what Come and Meate he had Occasion for and ffive hundred
                 weight of meate according to the said Articles, Nor hath the said
                 John put upon the said plantacon six sowes of whose Encrease the
                 said Nicholas is to have a third, Nor hath the said John Baker
                 furnished the said Nicholas with Nailes for the building, nor hath
                 the said John found and provided sufficient Quantity of Come
                 graine or pease for seed, But the said Nicholas sayth that for want
                 of sufficient Corne Meate & other provisions for himself servants
                 and family & for the stock to prserve them this winter last past, and
                 for want of three good and able working horses for the plough and
                 Cart, and Sufficient necessary Harnesse & Geares to the same and
                 for want of sufficient seed Come and graine he hath beene Exceed
                 ingly hindered in the fitting Tilling Sowing planting and Husband
                 ing the said plantacOn & hee and his family very much prejudiced in
                 their healths and been in greate Extremity for want of food, and by
                 that Meanes is like to loose the benifit of this yeares worke wch
                 will tend to the utter Ruine of the said Nicholas and family, soe
                 that the said John the Articles aforesaid hath not performed or Kept
                 but the same to pforme and Keepe hath hitherto Utterly denyed and
                 refused & still doth Denye and Refuse to Keepe and pforme the same
                 Whereupon the said Nicholas sayth he is Damnified & hath Losse
                 to the Vallue of Twelve thousand pounds of Tobacco and thereupon
                 hee bringeth his suite
                  And the said John Baker by Robert Ridgely his Attorney Cometh
                 & defendeth the force and Injury when &c and prayeth Liberty to
                 imparle hereunto untill next provinciall Court and it is granted unto
                 him the same Day is given to the plantiffe likewise
                  Att wch said next provinciall Court came the said partyes by their
                 Attorneys aforesaid, and the said John Baker by his said Attorney
                 sayth that the said Nicholas ought not to have his accon aforesaid
                 against him, for that he saith he hath truely paid pformed fulfilled &
                 Kept all and singuler the said Covenants grants Articles Payments
         p. 471  and agreements wch on his [part] were or ought to have been paid
                 performed fulfilled and Kept, Contained and specified in the above
                 Mentioned Articles of agreement according to the true intent and
                 plaine meaneing of the same articles of agreement and this he is
                 ready to verify And thereupon Demands Judgment if the aforesaid
                 Nicholas his Accon aforesaid against him ought to have Whereupon
                 Day is given to both partyes untill next Provinciall Court