346       Provincial Court Proceedings, 1674.

    Liber M M                  the Summe of Sixteene hundred pounds
                               of tobacco which from him they unjustly
                               deteine.
                  And whereupon the said Jonathan by Kenelm Cheseidyn his At
                 torny Saith that whereas the Said Richard Bayly and ffrancis
             p. 260 Swinfen the twelfth day of April in the yeare 1672 by their cer
                 tame writeing Obligatory Sealed with the Seale of them the Said
                 Richard Bayly and ffrancis Swinfen here in Court produced whose
                 date is the Same day and yeare abovewritten did confesse themselves
                 to Owe & Stand indebted unto the Said John Morecroft in his life
                 time of the Citty of St Maries Gent the Summe of Sixteene hundred
                 pounds of good Sound merchantable leafe tobacco & caske to be paid
                 to the Said John Morecroft his heirs executors admrs or assignes On
                 or before the 10th day of October next ensueing the date thereof to
                 the true performance of which payment they did bind themselves
                 their heirs executors admrs & assignes Notwithstanding wch the Said
                 Richard and ffrancis the Said Summe of Sixteene hundred pounds
                 of tobacco to him the Said John while he was liveing hath not paid
                 nor to the Said Jonathan Since his death to whom administration of
                 all and Singular the goods and chattells which were the Said John
                 at the time of his death after his death to him committed hath not
                 paid though often thereunto required but the same to pay hitherto
                 hath & still doth altogether deny to the damage of the Said Jonathan
                 2000 l tob & thereupon he bringeth his Suite.
                  And the Said Jonathan also bringeth here in Court the letters of
                 admcon to him granted of all and Singular the goods and Chattells
                 which were the Said John at the time of his death Since his death
                 committed that it may appeare to the Court here that he is adminis
                 trator of the said John and thereupon to have administration.
                  And the Said ffrancis in his proper person cometh and defendeth
                 the force & injury when &c and Saith nothing in barre or avoidance
                 of the action aforesaid of him the Said Jonathan whereby the Said
                 Jonathan remaineth against the Said ffrancis thereupon undefended
                 Therefore it is considered by the Court that the Said Jonathan re
                 cover against the Said ffrancis the Said Summe of Sixteene hundred
                 pounds of tobacco the debt aforesaid as also the Summe of five
                 hundred and twelve pounds of tobacco for his costs & charges in
                 that behalfe laid Out and expended.

                 Jonathan Squire admr ffrancis Swinfen late of Calvert County
                 Jno Morecroft otherwise called ffrancis Swinfen of Calvert
                    agt        County was Suthoned to answer unto Jona
                 ffrancis Swinfen than Squire administrator of the goods and
                               chattels of John Morecroft deceased in a plea
                               that he render unto him the Summe of One-
                               thousand two hundred of tobacco which from
                               him he unjustly deteineth.