Charles County Court Proceedings, 1658-1662.     181

     bind himself his heirs or Assignes to pay or Cause to bee payd unto Liber A
     the sayd Richard tarlinge his heirs or Assignes the sume of fourteene
     hundered wayght of good sound Marchantable leafe tob: in Caske
     upon the last of Nouember next ensuing the sayd tob: to bee payd
     in Charleses Countie the sayd henry Lilly doath bind himselfe his
     heirs or Assignes to find wright to pay for the warrant and suruay of
     one hundered Acres of land for the use of the sayd Richard tarlin his
     heirs and Assignes for euer the sayd Land beeing alreadie found out
     and a tree marked thearupon with twelue notches in witnes whearof
     the partys aboue specified haue hearunto set thear hands the day and
     yeare aboue                   henry H Lilly
     Witnes Thomas Robinson         his marke
           Nicholaus + DorringtonRichard R S Tarlin
                                his marke

       Whearupon the defendant alleaged that hee did not know wheather
     hee had performed his Condition or no which Caused the Plantiue to
     desir that Samuell Palmer might haue his oath giuen him Concerning
     the Premisses which was granted

       Samuell Palmer Aged thirtie too years or thearabouts sworne and
     examined in open Court sayeth that henry Lilly hauing heard thear
     Condition Read did not find it defectiue as hee supposed when the
     time was expired and Caused the Condition to bee deliuered in unto
     the sayd Tarlin and further sayeth that the sayd Lilly was Presant
     when Thomas Robisson the Custoditor of the Condition deliuered it
     up unto the sayd tarlin and further sayeth not:

       Whearfor it is Ordered that the Plantiue haue payment out of the
     Estat of henry lilli six hundered and fourteen pounds of tob: and
     one hundered Acres of Land according unto his Condition aboue
     specified &c

     Mr Robert Sly Plantiue The Plantiue as Mr Edward Parkes
     Mr Francis Pope Defendant Attorney aresteth the defendant as ex
     ecutor to the Estat of Joseph Lenton and Produceth his letter of At-
     turney which is Allowed of by the borde And Prefereth his Peti- [p. 185]
     tion as followeth viz

       to the Worshipfull Commissioners of Charles County the Petition
     of Robt: Sly Humbly Sheweth
       That Whearas the Estate of Joseph Lenton stands Indebted unto
     Mr Edward Parkes three hundered and twelue pounds of tob: and
     Caske by Assigment from Mr Abraham Rowse to whome the sayd
     tob: was dew and from him to Mr Parkes who hath yet Receaued no
     satisfaction thearfor in behalfe of the sayd Parkes humbly Intreateth
     that Order may Against Mr Francis Pope for Payment of the sayd
     debt hee beeing posest of the aforsayd Estate and your Petitioner
     shall Pray &c