356        Provincial Court Proceedings, 1676.

            Liber N N  and the said John Jordaine being designed to goe to Virginia to
                   looke after his said negroes he the said John Tant did apply himself e
                   to the said John Jordaine and requested him to looke after & en-
                   deavour the takeing apprehending and bringing home his said two
                   negroes so from him runn away in company with the said John
                   Jordaines negroes as aforesaid which the said Jno Jordaine promised
                   to doe, if he the said John Tant would beare his proportionable Share
                   and charge for lookeing after, takeing up & bringing home the
                   same In consideration whereof the said John Tant did assume upon
                   himselfe and to the said John Jordaine did faithfully pmise that he
                   the said John Tant would well & truly pay and satisfie unto him the
                   said John Jordaine one third part of the charges the said John Jor-
                   daine should expend lay out and be at in lookeing after & appre-
                   hending & bringing home the negroes aforesaid when thereunto
                   requested And thereupon the said John Jordaine went into Virginia
                   about the negroes aforesaid where he continued some months in
               p. 218  goeing after the negroes aforesaid and at the last apprehended three
                   of them to witt two negroes of the said John Jordaines and One
                   negroe of the said John Tants which he brought home & delivered
                   to the Said John Tant his owne negroe brought home as aforesaid,
                   And the said John Jordaine in fact Saith that he did really expend
                   & lay Out in lookeing after apprehending and bringing home the
                   three negroes aforesaid the summe of three thousand seven hun-
                   dred pounds of tobacco as by a particular hereunto annexed may
                   appeare One third part thereof being One thousand two hundred
                   thirty three & a third part of a pound of tobacco is due from him
                   the said John Tant to pay & satisfie to him the said John Jordaine
                   Yet he the said John Tant his promise & assumption litle regarding
                   but deviseing and fraudulently intending him the said John Jordaine
                   in that case craftily & Subtilly to defraud & deceive the said twelve
                   hundred thirty three pounds & One third part of a pound of tobacco
                   to him the said John Jordaine though often thereunto requested hath
                   not paid or satisfied but the same to pay hath hitherto and still doth
                   deny to the damage of the said John Jordaine three thousand pounds
                   of tobacco and thereupon he bringeth his Suite. And the said John
                   Tant by Kenelm Cheseldyn his Attorny cometh and defendeth the
                   force and injury when &c and prayeth liberty to imparle hereunto
                   untill the next Provinciall Court and it is granted him the same day
                   is given to the ptt.
                     Now here at this day to wit the Seventh day of December in the
                   yeare of Our Lord 1676 came the parties aforesaid by their said
                   Attornyes and the said John Tant Saith he did not assume in man-
                   ner & forme as the said John Jordaine hath above declared against
                   him & this he is ready to averre & demands judgment if the said
                   John Jordaine his action aforesaid against him ought to have, and
                   the said John Jordaine saith he did assume in manner & forme af ore-