Provincial Court Proceedings, 1670. 537

      Whereupon Ordered by the Court here that warrant issue to Rob- Liber JJ
     ert hatton to appeare before some One of his LOpps justices to take
     the Oath of a Constable of the said Hundred and the said Thomas
     Innis be released.

     Robert Bagnell agt Josias Fendall late of Charles County Gent
     Josias Fendall otherwise called Capt Josias Fendall in Charles
     County the province of Maryland was sumoned to answer unto
     Robert Bagnell in a plea that he render to him three thousand two
     hundred and nineteene pounds of tobacco which he oweth and un-
     justly deteineth &c.
      And whereupon the said Robert Bagnell by John Morecroft his
     Attorny Saith that whereas the said Josias by his certaine bill Obliga-
     tory sealed with the seale of the said Josias and here in Court pro-
     duced did bind himselfe his heirs or assignes to pay or cause to be
     paid unto the said Robert Bagnell of the Citty of Bristoll merchant
     or to his assignes the just summe of three thousand two hundred and
     nineteene pounds of good sound tobacco and caske at or before the
     tenth day of October next after the date of the said bill at some con-
     venient place in Charles County which said summe of three thousand
     two hundred and nineteen pounds of tobacco the said Josias hath not
     paid according to the tenor of the said bill (though often thereunto
     required) whereupon the said Robert saith that he is dampnified
     and hath losse to the value of foure thousand pounds of tobacco and
     thereupon he bringeth his suite.
      And the said Josias Fendall by Robert Carvile his Attorny Cometh
     and defendeth the force and injury when &c and the said Robert saith
     that he is not informed by the said Josias his Client of any answer
     to him to be given wherefore the said Robert Bagnell remaineth
     against him the said Josias undefended wherefore it is considered
     of by the Court here that the said Robert Bagnell recover against
     the said Josias the said summe of three thousand two hundred and
     nineteen pounds of tobacco with costs.

     John Wilson agt Peter Sharpe late of Calvert County planter was [p.82]
     Peter Sharpe sumoned to answer unto John Wilson in a plea
     that he render unto him twenty six thousand nine hundred and twelve
     pounds of tobacco which he oweth and unjustly detaineth
      And whereupon the said John Wilson by John Morecroft his At-
     torny saith that whereas the said Peter was indebted unto the said
     John in the summe of twenty six thousand nine hundred and twelve
     pounds of tobacco which said summe of twenty six thousand nine
     hundred and twelve pounds of tobacco the said Peter Sharpe doth
     refuse to pay to the said John whereupon an action doth accrue to
     the said John to have of the said peter the said summe of twenty six