364       Provincial Court Proceedings, 1674.

         Liber M M  would well and truly content & pay when thereunto required Yet
                 notwithstanding the said John in his life time nor the said Jonathan
                 Since his death to whom letters of administration of the Said Johns
                 estate is in due forme committed not regarding the promise and
                 assumption aforesaid the said Sume of 835 t of tobacco to him
                 the said Thomas though often thereunto requested have not paid
                 or Satisfied but the Same to pay and Satisfie he the Said Jonathan
                 hath hitherto denyd and refused and Still doth deny to the damage
                 of the Said Thomas 1000 t tobacco & thereupon he bringeth his
                 Suite.
                  And the Said Jonathan by Keneim Cheseldyn his Attorny cometh
                 & defendeth the force and injury when &c and Saith that he can say
                 nothing in barr and avoydance of the Said action of the Said Thomas
                 by which the said Thomas remaineth against the said Jonathan
                 thereof undefended Wherefore it is considered by the Court here
                 that the Said Thomas recover against the estate of the Said John
                 the said Sume of 835 l of tobacco and the said Jonathan in mercy.

            p. 275 Daniel Jenifer Lodowick Martin late of Baltemore County other
                    agt wise called Lodowick Martin of St Maries
              Lodowick Martin County in the Province of Maryland was Sum
                             oned to answer unto Daniel Jenifer of a plea that
                             he render to him the summe of three hundred
                             and eight pounds of tobacco which to him he
                             oweth and unjustly deteineth &c.
                  And whereupon the Said Daniel by Robert Carvile his Attorny
                 Saith that whereas the Said Lodowick upon the 10th day of July
                 in the yeare of our Lord One thousand Six hundred Sixty nine by
                 his certaine bill or writeing Obligatory Sealed with the Seale of
                 him the said Lodowick and here in Court produced whose date is
                 the day and yeare abovesaid did con fesse himselfe to owe and Stand
                 indebted unto him the Said Daniel the Summe of three hundred and
                 eight pounds of good Sound merchantable tobacco and caske to be
                 paid to the Said Daniel upon demand Yet the Said Lodowick the
                 Said Summe of three hundred and eight pounds of tobacco though
                 often there unto required to him the Said Daniel according to his
                 Said bill hath not paid but the same to pay as yet doth deny and
                 refuse to the damage of him the said Daniel five hundred pounds
                 of tobacco and thereupon he bringeth his Suite.
                  And the Said Lodowick by Thomas Carleton his Attorny corn
                 eth and defendeth the force and injury when &c and Saith yt he
                 Saith nothing in barr or avoidance of the Said action of the afore
                 said Daniel by which the Said Daniel remaineth against the Said
                 Lodowick thereupon undefended therefore it is considered that the
                 Said Daniel recover against the Said Lodowick his debt of three
                 hundred and eight pounds of tobacco as also the Summe of five