546        Provincial Court Proceedings, 1670.
          LiberJJ Thomas Tovey agt .        .
                            imparlance till next Provinciall Court.
               Thomas Brooke

              Rich: Tilghman agt .
                            an injunction.
               Nicholas Brookes
          [p. 90] Edmond Burton admr        . .
                               the plaintiff declares the def putts in his
                Rebecca Burton &c
                               plea and resplted untill next Court.
               ag Edward Leake

               Charles Calvert Esq Thomas Cosden late of st Maries County
               agt Thomas Cosden otherwise called Thomas Cosden Inholder of
               the County of St Maries in the province of Maryland was attached
               by a writt of privilidge out of this Court issueing to answer to Charles
               Calvert Esq cheife justice of this Court according to the Liberties
               and priviledges of the justices of the said Court &c in a plea of debt
                And whereupon the said Charles by Thomas Not!y his Attorny
               saith that whereas the said Thomas Cosden the second day of Feb-
               ruary in the thirty seventh yeare of the Dominion of Caecilius &c at
               Newtowne in the County of St Maries by his certaine Indenture made
               betweene him the said Thomas on the one part and the said Charles
               of the other part which said first part was sealed with the seale of the
               said Thomas he the said Charles here in Court produceth the date
               whereof is the same day and yeare aforesaid demiseth to the said
               Thomas all that messuage or Tenement of land with the appurtefincs
               which formerly was the plantation of Walter Pake of Brittans Bay
               in the County aforesaid to hold and occuppy from the day of the
               date of the said Indenture untill the end and terme of three yeares
               fully to be compleate and ended rendring and paying therefore yearly
               unto the said Charles Calvert or his assignes dureing the said terme
               three thousand pounds of tobacco in caske at some convenient place
               in the County of St Maries aforesaid at or upon the second of Febru-
               ary in every of the yeares by virtue of which demise the said Thomas
               the day and yeare aforesaid into the messuage aforesaid with the
               appurteñncs did enter and was and yet is thereof possessed and three
               thousand pounds of tobacco and caske of the rent aforesaid for one
               yeare ending the second day of February in the eight and thirtith
               yeare of the Dominion of Caecilius &c was behind and yet remaines
               unpaid by which action doth accrue unto the plaintiff to require and
               have of the defendant the aforesaid three thousand pounds of tobacco
               and caske yet the aforesaid Thomas though often required the afore-
               said three thousand pounds of tobacco and caske hath not paid where-
               upon the said Charles saith he is dampnified and hath !osse to the
               value of six thousand pounds of tobacco And thereupon he bringeth
               his suite.
                And the said Thomas Cosden in his proper person by Benjamin
               Rozer his Attorny and confesseth judgment by nihil dicit for the