246       Provincial Court Proceedings, 1674.

         Liber M M  ment well and truly to be made he did bind himselfe his heirs and
                 assignes notwithstanding which the said Henry the Said Summe of
                 Seventeene hundred and Seventy pounds of tobacco according to the
                 tenor of the Said bill hath not though often thereunto required but
                 the same to pay altogether denyeth to the damage of the said Stephen
                 three thousand pounds of tobacco And thereupon he bringeth his
                 Suite.
                   And the Said Henry Bonner by Samuel Cressey his Attorny
                 cometh and defendeth the force and injury when &c and prayeth
             p. 179 liberty of Speaking hereunto untill the first day of the next Court
                 and the Same day is given to both parties.
                   At which Said day to wit the Sevententh day of April in the 42th
                 yeare of the Dominion of Caecilius &c came the Said Stephen Murty
                 by Kenelm Cheseldyn his Attorny and offered himselfe against the
                 Said Henry Bonner of and upon the premisses but the Said Henry
                 came not but made default wherefore it is considered by the Court
                 here that the Said Henry Bonner have judgment awarded against him
                 by default and that the Said Stephen recover against the said Henry
                 aswell the Said Summe of Seventeene hundred and Seventy pounds
                 of tobacco being his debt aforesaid as also the full quantity of three
                 hundred and eighty pounds of tobacco for his costs and charges
                 in this behalfe laid Out and expended

                   Cornelius Corneil being impannelled and Summoned to try the
          fine 500l tob issue joyned between James Neale Senior plt and John Upgate deft
                 and not appeareing Ordered that the Said Corneil be fined to his
                 Lopp five hundred pounds of tobacco.

                 James Neale Senior John Upgate late of St Maries County other
                    agt wise called John Upgate of St Maries County
               John Upgate     Cooper was Sumoned to answer unto James
                               Neale Senior in a plea that he render unto him
                               the Summe of One thousand eight hundred
                               twenty eight pounds of tobacco which to him
                               he oweth and unjustly deteineth.
                   And whereupon the Said James by Kenelm Cheseldyn his Attorny
                 Saith that whereas the Said John Upgate the first day of february
                 in the yeare of Our Lord One thousand Six hundred Seventy two
                 did by his certaine writeing Obligatory Sealed with the Seale of the
                 Said John here in Court produced whose date is the Same day and
                 yeare abovewritten acknowledge himselfe to Owe and Stand justly
                 indebted into Capt James Neale of Charles County the full and just
                 Sume of One thousand eight hundred twenty eight pounds weight
                 of good Sound merchantable leafe tobacco in caske and for the well
                 and true performance of the Said Summe into the Said James a fore
                 said his heirs or assignes he the Said John Upgate did bind himselfe