Provincial Court Proceedings, 1679. 249

might accordingly haue provided themselves against the tryall with
proper & materiall Wittnesses to each point, & might have putt in &
filed such plea or pleas to the said particulars or any of them as the
said Defend^ts should have though fitt & proper, they but being Ex^rs
as aforesaid, but for want of fileing in Court the said accompt or
particuler to which the said Declaracon doth referr as aforesaid, &
which in realty is the most essentiall part of the said declaracon, the
Defend^ts aforesaid can in no wise full & cleere answer make to the
said Declaracon. All which the said Defend^ts are ready to averr, &
crave judgem^t & their costs by reason of the p^rmisses to be adjudged
unto them.

Liber N N

And the said Samuell Lane by George Parker his Attorney saith,
that he by any thing before alleadged ought not to be debarred from
haveing his action aforesaid, because he saith that the declaracon
against them the said George & Richard & the matter therein con-
tained are sufficient in Lawe to maintaine the aforesaid action of the
aforesaid Samuel Lane against the said George & Richard, & that the
particulars menconed in the Declaracon amounting to the Sume of
Eight thousand nine hundred & forty pounds of tobacco is ready
here in Court to be produced according to the Law & Custome of the
land in such cases &c And this he is ready to averr, whereupon he
prayeth judgm^t & the Value of the aforesaid Medicines visitts attend-
ance & his damage by reason of the p^rmisses to him to be adjudged.
And the said George & Richard say as formerly, that the said
p^fts said Declaracon in manner & forme aforesaid is insufficient in
Law for these Defend^ts to answer unto because the said accompt
which is the most Essentiall part of the declaracon, & without which
itt is not possible for these Defend^ts (being but Ex") to know what
defence to make, is not annexed to the said declaracon, & filed in due
course of Law And therefore crave judgement of the p^rmisses &c
And the p^ft also Which being read & heard And by the Justices here
fully understood, itt seemeth to the same Justices, that the Declara-
con aforesaid is insufficient in Law for the said Defend^ts to Answer
unto, for that the particulers or accompt is not annexed to the said
p^lts Declaracon Therefore itt is considered that the said Samuel Lane
take nothing by his writt but be in mercy for his false plaint there-
upon prosecuted And that the said George & Richard goe thereof
without day And also that the said George Lingam and Richard
Marsham Ex^rs as aforesaid recover against the said Samuell Lane
the Sume of Seven hundred thirty three pounds of tobacco for their
costs & charges by them about their defence in this behalfe laid out
& expended And the said Def^ts may have thereof Execucon &c

p. 903