266       Provincial Court Proceedings, 1674.

         Liber M M  pay hath denyed and still doth deny whereupon the said Benja
                 min saith he is dampnified & hath losse to the Value of tenn thousand
                 pounds of tobacco and thereupon he bringeth his suite.
                  And the aforesaid Samuel Cressey in his proper person cometh
                 and defendeth the force and injury when &c and prayeth the heare
                 ing of the said writeing Obligatory and it is read unto him he pray
                 eth also the heareing of the Condition of the Said writeing Obliga
                 tory and it is read unto him in these words vizt The Condition of
                 this Obligation is such that if the above bounden Samuel Cressey
                 his heirs executors & administrators shall well and truly pay or cause
                 to be paid to the said Benjamin Rozer his heirs assignes or certaine
                 Attorny the summe of eight thousand two hundred flinty foure
                 pounds of good Sound merchantable leafe tobacco and caske con
                 veniently neare Portobacco Creeke On or before the tenth day of
                 October next ensueing after the date hereof without fraud or delay
                 that then this Obligation to be Void otherwise to Stand in full force
                 Power and Virtue. which being read and heard the said Samuel as
                 to the said Summe of eight thousand two hundred flinty foure
                 pounds of tobacco and caske nothing thereof in barr saith by which
                 the said Benjamin against the said Benj Samuel for the said
                 Summe of eight thousand two hundred flinty foure pounds of to
                 bacco remaineth thereupon wholy undefended Therefore it is con
                 sidered by the Court here that the said Benjamin recover against the
                 said Samuel the said quantity of eight thousand two hundred ninty
                 foure pounds of tobacco and caske and the Said Samuel in mercy &c.
                 Teste of Suite 500 l ton.

                 Mr Carvile
                  Whereas there is a suite depending betwixt me and ffrancis
                 Swinfen in an action of debt for three thousand ninty Seaven pounds
                 of tobacco I doe hereby acknowledge to haue received full satisfac
                 tion for the said debt and therefore I doe desire you do acknowledge
                 Satisfaction upon record of the said judgmt obteined upon the said
                 action for your so doeing this shall be your warrant Given under my
                 hand this 16th day of April 1674
                 Testis John Rousby.             Daniel Jenifer
                  Memorandum that upon the 16th day of April 1674 came Robert
                 Carvile Attorny of Daniel Jenifer plt against ffrancis Swinifen deft
                 and doth acknowledge upon the record that the said Daniel Jenifer
                 hath received full satisfaction for and upon the judgment Obtained
                 in this cause               Robt Carvile p quer.

            p. 195 Christopher Rousby William Baker late of St Maries County other
                     agt wise called William Baker of St Maries County
                 William Baker     in the Province of Maryland planter was sum
                 öned to answer unto Christopher Rousby Gent