204 Provincial Court Proceedings, 1673/4.




         Liber M M  Sybrey was suthoned this Cort or that Ever any such subpoena
                 Came to ye Sheriffs hand.

                Tho:     Gannt ffrancis Gunby late of St Maryes County and
                    agt Mathew Smith late of Calvert County were suth
                 ffrancis Gunby & oned to answere unto Thomas Gannt of a plea
                 Mathew Smith that they Rendr to him the suth of six Thowsand
                             pounds of Tobacco    to him they owe & un
                             justly Deteyne &c.
                  And whereupon the said Thomas by Robert Carvile his Attorney
                 saith that whereas the said Thomas upon the 11th day of January
                 in the 39th yeare of the Dominion of Caecilius &c Annoq Domini
                 1672 at Patuxent in the said County of Calvert did Demise to them
                 the sd ffrancis & Mathew all that his plantation lyeing in the Back
                 Creek in Patuxent aforesayd with all houses Edifices Orchards
                 gardens Tobacco howses & other appurtenances to the said plantation
                 belonging or in any wise appteining to have & to occupy to them the
                 sd ffrancis & Mathew & their assignes from the sd 11th day of Janu
                 ary in the yeare aforesayd to the End and Terme of Seaven yeares
                 from thence next following fully to be Compleate & Ended Rendring
                 therefore yearly during the said Terme to him the sd Thomas and
                 his assignes the sume of 2000l of good sound Tobacco and Casque
                 to be pd upon the 10th day of October in Every yeare By vertu of wch
                 Demise the afd ffrancis Gunby & Mathew Smith upon the Twelveth
                 day of January afd in the yeare aforesayd into and upon the planta
                 tion afd wth the appurtenances did Enter and were & yet are thereof
                 possessed, and the said sume of six thowsand pounds of Tobacco
                 upon the 10th day of Octob in ye 41th yeare of ye sd Caecilius Annoq
                 Domini 1672 for three yeares Rent then due were behinde & unpayd
                 and as yet are behinde and unpayd by wch an accon Did accrue to
                 the aforesayd Thomas Gannt to Require & have of them the said
                 ffrancis & Mathew the aforesd six Thowsand pounds of Tobacco,
                 yet the aforesd ffrancis & Mathew although often Required the afd
                 6000l Tob to him the sd Thomas have not payd and as yet Doe Deny
                 and Refuse to pay the same whereupon the said Thomas saith he is
             p. 142 Damnifyed and hath losse to the vallue of Eight Thowsand pounds
                 of Tobacco and thereupon he bringeth his suite.
                  And the said ffrancis & Mathew by Keneim Chiseldyne their At
                 torney Come & Defend the force & Injury when &c & pray liberty of
                 speaking thereunto untill the first day of the next Provincial Cort
                 and the same day is given to both ptyes.
                  At wch said Day that is to say the 10th day of ffebruary in the
                 42th yeare of the Dominion of Caecilius &c Anncxp Domini 1673.
                 Came the said Thomas Gannt by Robert Carvile his Attorney and
                 offered himself agt ye sd ffrancis & Mathew of and upon ye prmises
                 and the said Mathew appeared not but made Default but the said