540        Provincial Court Proceedings, 1670.

        Liber JJ   ing the said William of the said One thousand pounds of tobacco
              and caske to deceive the same hath not yet paid or satisfied according
              to his promise and assumption aforesaid although often thereunto
              requested by the said William and the same to him yet to pay doth
              refuse to the damage of the said William of two thousand pounds
              of tobacco and thereupon he commenceth suite &C

                And the said Thomas by John Morecroft his Attorny cometh and
              defends the force and injury when &c and the said John Saith that
              as to Seaven hundred and foure pounds of tobacco part of the
              abovespecified sume of One thousand pounds of tobacco he is not
              informed by the said Thomas his Client of any answer thereunto to
              be given wherefore the said William remaineth against the said
              Thomas for the said summe of Seaven hundred and foure pounds of
              tobacco undefended wherefore it is considered of by the Court here
              to witt at St Maries the fourtenth day of April in the xxxviiith yeare
              of his Löpps Dominion &c that the said William recover against
              the said Thomas the said summe of seaven hundred and foure pounds
              of tobacco with costs of suite.

              William Calvert Esq agt Garrett Vansweringen of the County of
              Garret Van Sweringen St Maries Inholder administrator of the
              admr Thellowalle goods and Chatte!ls of William Thello-
              walle deceased was sumoned to answer unto William Calvert Esq
              in a plea that he render unto him three thousand pounds of tobacco
              which he unjustly deteineth &c.
                Whereupon the said William Calvert by John Morecroft his At-
              torny saith that whereas the said William The!!owalle upon the
              twenty fourth day of December One thousand six hundred sixty eight
              and in the seaven and thirtith yeare of the Dominion of Caeci!ius &c
              by his certaine bill Obligatory sealed with the seale of the said Wil-
              liam Thellowalle bearing date as abovesaid and here in Court pro-
              duced did acknowledge himselfe to owe and stand indebted unto
              William Calvert Gent of St Maries County the quantity o three
        [p. 851    thousand pounds of good sound merchantable tobacco in caske to be
              paid upon all demands after the tenth day of november next ensueing
              the date of the said bill unto the said William Calvert Gent his heirs
              executors administrators or assignes the whole payment well and
              truly to be performed the said William Thellowalle did bind himselfe
              his heirs executors administrators and assignes joyntly and severally
              firmly by the said writeing which summe of three thousand pounds
              of tobacco the said William Thellowalle in his life time did not pay
              nor give any content therefore nor hath the said Garrett Vanswer-
              ingen since the death of the said William Thellwa!le paid the same
              nor any part thereof but the said summe of three thousand pounds of
              tobacco doth altogether refuse to pay though often thereunto required
              to the great damage of the said William C'alvert whereby he saith