Provincial Court Proceedings, 1673.  173




       sume of Seaventeene hundred & thirty pounds of good sound Mar- Liber M M
       chant [able] leafe Tobacco in Casque due to be pd upon Demaund
       with Conveniency in Dorset County Notwthstanding the aforesd John
       though often thereunto Required to wit the day of the said
       sume of Seaventeene hundred & thirty pounds of Tobacco to the
       sd Job he hath not as yet pd but the same hitherto hath Denyed to
       pay and as yet denyeth whereupon he saith he is Damnifyed and
       hath losse to the vallue of three Thowsand pounds of Tobacco and
       thereupon he bringeth his suite.
        And the said John Brookes by Robert Carvile his Attorney cometh
       and defendeth the force & injury when &c and as to the said Debt
       of seaventeene hundred & thirty pounds of Tobacco the said Robert
       sayeth nothing in Debarring the said Job of Judgmt for the same
       agt the said John Brookes by wch the said Job remaineth agt the
       said John thereupon undefended, wherefore it is considered by the
       Cort here that the said Job Walton Recover agt the said John Brookes
       aswell the said suth of Seaventeene hundred and thirty pounds of
       Tobacco his Debt aforesayd as also the sume of
       pounds of Tobacco for his costs and Charges in this behalf e Ex
       pended and the said John in mercy &c

      Arnold Elzey The plt having filed no Declaration the Defendt
           agt craved a non suite wherefore ordered by the Cort
       Richard Whittey that a non suite be awarded agt him It is there
       fore considered here that the said Richard Whittey Recover agt the
       said Arnold Elzey the sum of pounds of Tobacco
       for his costs and Charges in this behalfe causelesly Expended and
       that the said Arnold take no benefit by his said writ and that the said
       Richard goe thereof wthout day and that the said Arnold be in
       mercy for his false complaint.

      Garrat Vanswearingen Henry Mitchell late of Calvert County p. 109
           agt otherwise called Henry Mitchell of Calvert
   Henry Mitchell      County planter was suthoned to answere
                       unto Garrat Vansweringen Admr of ye
                       goods & Chattells of Wm Thelowell deceased
                       in a plea that he rendr unto him the sume
                       of 1200l of Tob wch from him he unjustly
                       Deteineth
        And whereupon the said Garrat Vansweringen by Kenelm Chisel
       dine his Attorney saith that whereas the said Henry upon the 26th
       day of December in the yeare of our Lord 1668 did by his certeine
       writing obligatory Sealed with the Seale of the said Henry here in
       Cort pduced whose date is the same day and yeare abovewritten did
       binde himself his heires Executors Admrs or assignes to pay or cause
       to be payd unto the said William Thelowell of the same County in