Provincial Court Proceedings, 1665-66. 549






      obleiged unto the said Thomas Nottley Two thow sand seauenty & Liber F F
      Eighte pounds of tobacco and Caske long since due to be paid as will
      more amply appeare by writeing under the hand of the said Raphaell
      Haywood, the which the said Thomas Nottley cann proue, Now soe
      it is the said Haywood his Obligacons not minding hath and still doth
      payment of the said Tobacco and Caske unto him the said Thomas
      Nottley Refuse to make wch hee the said Haywood according to the
      tenure of his Obligacons ought to haue long since performed— Verte
       The Premisses Considered the humble Complaint Craueth Judgmt [p. 158]
      of this Honble Court agst the said Haywood for his debt and such
      Reasonable damage as to this Court shall seeme meete, and for Cost
      of this his suite And he shall euer pray

      Tho: Nottley plt James Thompson the prtended Attorney of the
      Ra: Haywood deft defendts produced his power, but by the Board
      was not allowed as Authenticke by reason it gaue power but to the
      10th of October being last Prouinall Court Whereupon the defendant
      not appearing by himselfe nor lawfull Attorney, was then demanded
      of the sherriffe of Caluert County who was the said Haywoods
      security for his appearance, who answered he tooke the said Hay-
      wards owne Bonds to answere the said suite
       The plaintiffe Craues Judgment for his said debt of Two thow
      sand seauenty eighte pounds of tob: Ordered that Judgmt passe
      against the said Raphaell Haywood for the said sume of 2078lb tob:
      after the said Bill being proued by John Gouldsmyth and John. Smyth
      2 of the wittnesses thereto

       Maryland Thomas Nottley of St Marys County Complaineth agst
      Raphaell Haywood of Caluert County, for that whereas the Case
      being such that the said Haywood doth owe unto the said Nottley
      Two Cowes either Wth Calfe or Calues by theire sides which ought
      to haue been deliuered to the said Thomas Nottley att or before the
      first day of Aprill now last past, And he the sd Raphaell Haywood
      Refusing the said Cowes in maner as aforesaid to deliuer, the said
      Nottley Therefore saith in ifact that he is dampnifyed thereby to the [p. 159]
      uallue of sixteene hundred pounds of tobacco and therefore brings
      this his accon and Craueth Judgmt of this Honble Court agst the sd
      Haywood for the aforemenconed Cowes in manner to be deliuered as
      aforesaid and for his damage & Cost of suite And he shall euer
      pray &c
      Thomas Nottley plaintiffe The defendt not appearing as in the
      Raphael Haywood deft aforegoeing Cause neither by himselfe
      nor his lawfull Attorney to which accon he was his owne Bayle all
      soe, Whereupon Ordered Judgmt pass agst the said Raphaell Hay
      wood according to the plaintiffs request in the aforegoing declaracon
      required Cost of suite