524       Provincial Court Proceedings, 1669—70.

        Liber JJ Zachariah Cooke Whereas Zachamiah Cooke merchant obteined
              [P. agt John Wilson against John Wilson a writt of Ne exeat provin-
              ciam issueing out of the Count of Chancery upon pretence that the said
              Wilson was indebted to him eleaven thousand pounds of tobacco and
              intended to fly this Province upon which writt the said Wilson was im-
              prisoned by the space of fifty dayes, And the said Zachariah Cooke
              before the justices here this tenth day of February in the xxxviiith
              yeane of the Dominion of Caecilius &c appeareing and the said John
              Wilson likewise and the said Zachariah not being able to make it ap-
              peare to the said Court that the said Wilson was indebted to him any
              such summe as he had suggested wherefore it was Ordered by the
              Court that the said John Wilson should be discharged from his impris-
              onment for that cause and that the said Zachariah Cooke should pay
              to the said John Wilson One thousand pounds of tobacco for his
              costs and charges in that behalfe unjustly susteined Therefore it
              was comanded the Sheriff of Calvert County to take the body of the
              said Zachariah Cooke and him safe keepe so that he have his body
              before the justices here to witt the twelfth day of April next to sat-
              isfie the said John Wilson the said quantity of One thousand pounds
              of tobacco as also ninty three pounds of tobacco more for judiciall
              Charges expended in the same suite.

              Benjamin Rozer John Balley of the County of St Maries otherwise
              agt John Balley called John Bailey of the province of Maryland
              merchant was sumoned to answer unto Benjamin Rozer Gent One
              of the Attornies &c in a plea that he render unto him eight hundred
              pounds of tobacco which to him he oweth and unjustly deteineth &c
               And whereupon the said Benjamin in his proper person saith that
              whereas the said John the tenth day of December in the seaven and
              thirtith yeane of the Dominion of Caecilius &c was indebted to the
              said Benjamin the full quantity of eight hundred pounds of good
              sound merchantable leafe tobacco in caske as by his certaine bill
              obligatory Sealed with the seale of him the said John and here in
              Court produced appeareth whose date is the day and yeare above-
              said, to be paid to the said Benjamin his heirs executors administra-
              tons or assignes on all demands at some convenient place in Wicco-
              comocco River in Maryland to which payment well and truly to be
              made the said John did bind himself e his heirs executors and adminis-
              tratrs firmly by the same bill which said summe of eight hundred
              pounds of tobacco the said John hath not paid according to the tenor
              of the said bill to the said Benjamin though often thereunto required
              but doth altogether refuse to pay the same whereupon the said Ben-
              jamin saith he is the worse and hath damage to the value of twelve
              hundred pounds of tobacco and thereupon he brings his suite.
               And the said John Baylly in his proper person cometh and de-
              fendeth the force and injury when &c and con fesseth judgment by