170 Provincial Court Proceedings, 1673.




         Liber M M   saith that whereas the said Henry Mitchell the 16th day of Novemb
                 1668 by his certeine bill or writing obligatory Sealed with the scale
                 of ye said Henry & here in Cort pduced whose date is the day and
                 yeare first abovewritten did bynde himself his heires Executors
                 Admrs or assignes to pay unto the said Philip Udall of fflushing
                 his heires Executors Admrs & assignes the full & Just sume of 3000l
             p. 106  of good sound bright Tobacco and Casque according to content and
                 furthermore the said Henry Mitchell did firmly binde himself his
                 heires Executors Administrators and assignes for to transporte the
                 aforesayd sume of Tobacco to New Yorke and for to pay the freight
                 of the Tobacco and also to Runn the Danger of the Sea, that is to
                 say if the ship should be cast away and also the aforesayd Mitchell
                 did Engage himself to Deliver the said sume of Tobacco and Caske
                 at the Porte aforesayd and Did Engage himself to send the Tobacco
                 by Mr Hilliard the Tenth day of November next Ensueing the date
                 thereof Notwithstanding the said Henry the said sume of 3000l Tob
                 hath not payd and Delivered to him the said Philip though often
                 Required but the same to pay & Deliver hath Refused and still doth
                 Refuse whereupon he saith that he is Damnifyed and hath losse to
                 the vallue of Eight Thowsand pounds of Tobacco and thereupon he
                 bringeth his suite
                   And the said Henry Mitchell by Vincent Lowe his Attorney
                 cometh and Defendeth the force and injury when &c and prayeth
                 liberty of Speaking thereunto untill the first day of the next Pro
                 vincial Cort, and the same Day is given to both ptyes.
                  At wch day that is to say the twelveth day of November in the
                 42th yeare of the Dominion of Caecilius &c Annoq3 Domini 1673.
                 came the aforesayd Philip Udall by George Parker his Attorney and
                 offered himself agt the said Henry Mitchell of and upon the prmises
                 and the said Henry Mitchell appeared not but made Default, where
                 fore it is considered by the Cort here that the said Philip Udall
                 Recover agt the said Henry Mitchell aswell the said sume of three
                 thowsand pounds of Tobacco his debt aforesayd as also the suffie
                 of Seven hundred and Seventeene pounds of Tobacco for his costs
                 and Charges in this behalf e Expended and the said Henry Mitchell
                 in mrcy &c.

                 Henry    Hosier & all ffrancis Kilborne late of Charles County gentl
                      agt otherwise called ffrancis Kilborne of the Prov
                 ffrancis Kilborne ince of Maryland in Charles County planter
                 was suthoned to answere unto Henry Hosier & John Staynes of a
                 plea that he Render unto them or Either of them for the account of
                 Mr Wm Bullock of the Citty of Bristol Marchant the full & Just
                 sume of Ten hundred thirty foure pounds of good Marchantable
                 Tobacco and Casque to conteine ye same to them he oweth &
                 from them unjustly Deteynes.