Provincial Court Proceedings, 1674.  329




       Daniel Jenifer John Cheyney and Jane his wife administratrix Liber M M
           agt of the goods and Chattells rights and Creditts
     John Cheyney & ux     of Henry Rough her late husband deceased
                     were Sumoned to answer unto Daniel Jenifer
                     in a plea that they render unto him 4000 l of
                     tob which from him they unjustly deteine.
         And whereupon the said Daniel by Robert Carvile his Attorny
       Saith that whereas the said Henry by the name of Henry Rough
       of Calvert County in the Province of Maryland Chirurgeon upon
       the 29th day of August in the 39th yeare of the Dominion of Caecilius
       & Annoq Doth: 1670 by his certaine writeing Obligatory Sealed
       with the Seale of him the Said Henry and here in Court produced p. 246
       whose date is the day and yeare abovesaid did confesse and acknowl
       edge himselfe to Owe and Stand indebted unto the said Daniel the
       full and just Sume of foure thousand pounds of good Sound mer
       chantable tobacco & caske to be paid to the said Daniel in Some
       convenient place or places in Calvert County before or upon the tenth
       day of November which should be in the yeare of Our Lord 1671
       To the which payment well and truly to be made he the said Henry
       did bind himselfe his heirs and executors firmly by those presents
       Yet notwithstanding the said Henry in his Life tyme nor the said
       Jane Since the death of the Said Henry to whom admcon of all and
       Singular the goods and Chattels rights & Creditts that were his the
       said Henryes at the tyme of his death were by the Honble Philip Cal
       vert Esq Cheife judge for probate of Wills and granting of adminis
       trations within the said Province in due forme of Law cothitted
       whilst the Said Jane was Sole nor the said John Cheney and Jane
       his wife Since their intermarriage have Satisffied and paid the said
       Sume of 4000li of tobacco to him the Said Daniel according to the
       said writeing Obligatory though often thereunto requested But the
       Said John Cheyney and Jane his wife have hitherto denyed and
       refused to pay the same & the same Still to pay doe deny and refuse
       to the damage of the said Daniel 6ooo I tobacco & thereupon he
       bringeth his suite &c.
         And the Said John and Jane by George Parker their Attorney
       come and defend the force and injury when &c and pray liberty of
       Speakeing hereunto untill the next Provinciall Court. and it is
       granted unto them the same day is given to the Said Daniel
         Now here at this day to witt the 16th day of October in the 43th
       yeare of the Dominion of Caecilius &c came the said Daniel by
       Robert Carvile his Attorny and Offered himselfe against the Said
       John and Jane but the said John and Jane came not but made de
       fault Therefore it is considered by the Court here that the said
       Daniel recover against the said John Cheney and Jane his wife
       admrx of the Said Henry Rough of the estate of the Said Henry
       aswell the said Summe of foure thousand pounds of tobacco the