160 Proceedings of the Council of Maryland, 1738/9.

Lib. C. B.

than an Account dated the 10^th & 11^th of August 1738 for
the 1/2 Commission for the receiving 17363 pounds of Tobacco
signed by the said Paca which Account your petitioner is
ready to produce and to which he begs leave to refer himself
that it then appeared before the said Caswell that the only
Claim the said Paca had against your petitioner was for 1/2 the
1/2 Commission which your Petitioner was to have for the Re-
ceiving the aforesaid Sum of 17363 pounds of Tobacco which
your petitioner agreed to pay to the said Paca which was to
be in Current Money at the rate of 4 Shillings p hhd for the
whole Commission and that the said Paca so understood the
said Agreement before he went to receive One Pound of the
said Tobacco and that after he had received it and before the
issuing of the aforesaid warrant he Consented to take forty
Shillings Current Money in full Satisfaction for the same and
did Actually receive of your Petitioner 34 Shillings in part of
Payment thereof and refused the Remainder which was tendred
to him by your petitioner in two Bills of Credit Amounting to
Six Shillings and Six pence all which particulars were Con-
fessed and Acknowledged to be true before the said Caswell
by the said Paca himself in the presence of several indifferent
Persons who are now ready to prove the same Notwithstand-

p. 26

ing all which the said Caswell proceeded to Give Judgment
upon the aforesaid Account against your Petitioner for 434
pounds of Tobacco thereabouts
Whereupon your petitioner to prevent the trouble & Ex-
pence of being taken in Execution upon the said Judgment
thus wrongfully rendered against him offered to pay to the
said Paca the aforesaid 434 pounds of Tobacco or thereabouts
According to the said Judgment in the hands of the Reverend
M^r Cauthorn there-present who told the said Paca that he
owed it to your petitioner and believed that he had that
quantity ready in his hands to pay to him if he or any one
would receive it for him or in the hands of the said Caswell
who likewise owed your Petitioner a Greater quantity of
Tobacco then that the Judgment was rendered for notwith-
standing all which your Petitioner was taken in Execution
upon the aforesaid Judgment and Actually Confined till he
satisfied the same with Costs thereon
All which several Facts your Petitioner is ready to make
out by undeniable Testimony at such time and place as your
Excellency and Honours shall Appoint and inasmuch as your
Petitioner has no Appeal to any of the Courts of Justice for a
remedy against the said Judgment and Execution and that
such Abitrary Proceedings are of dangerous Consequence to
others as well as your petitioner he therefore prays that your
Excellency and Honours will be pleased to take the Case into