Provincial Court Proceedings, 1674/5. 447




                    oned to answer unto his Excellency Charles Liber M M
                    Calvert Esq Capt Genll and Chei fe Gournour
                    of Maryland and also Cheife justice of the
      Pnovinciall Count according to the Liberties and priviledges of Such
      like Cheife justices and other justices of the said Count used and
      allowed of a plea that he render unto him the summe of eleaven thou
      sand Six hundred twenty and three pounds of good Sound mer
      chantable tobacco in casque which to him he oweth and unjustly
      deteineth.
        And whereupon the said Charles by Robert Ridgely his Attorny
      Saith that whereas the Said Stephen the nine and twentith day of
      May in the One and fortith yeare of the Dominion of Caecilius &c
      Annocp D One thousand Six hundred Seventy three by his certaine
      writing obligatory Sealed with the seale of him the Said Stephen and
      here in Court produced whose date is the day and yeare aforesaid
      did acknowledge himseife to be holden and firmly indebted unto the
      said Charles in the full and just Summe of eleaven thousand Six
      hundred twenty and three pounds of good Sound merchantable to
      bacco in caske to be paid to the said Charles Calvert or to his cen
      tame Attonny his heirs executors admrs or assignes at some con
      venient place in Talbott County upon the tenth day of October next
      ensueing the date thereof To the which payment well and truly to
      be made the said Stephen did bind himselfe his heirs executors and
      administrators firmly by those presents Notwithstanding which the
      Said Stephen the said eleaven thousand Six hundred twenty and three
      pounds of tobacco to him the said Charles according to the Tenon of
      the said writeing Obligatory hath not paid though often theneunto
      required but the same to pay denyeth and as yet doth deny to the
      damage of the Said Charles of Six thousand pounds of tobacco and
      thereupon he bringeth his Suite.
        Now here at this day to wit the tenth day of ffebruary in the
      three and fortith yeare of the Dominion of Caecilius &c came the
      said Stephen Tully in his proper person and Saith nothing in barn
      or avoidance of the action aforesaid of him the said Charles Calvent
      Whereupon the said Charles Calvert remaineth against the said
      Stephen thereof undefended. Therefore it is considered of by the
      Court here that the said Charles Calvert recover against the said
      Stephen Tully the said Summe of eleaven thousand Six hundred
      twenty three pounds of tobacco the debt aforesaid as also the sume
      of five hundred Seventy two pounds of tobacco for his costs and
      charges in that behal fe laid Out and expended and the Said Stephen
      in mercy.

     Charles    Calvert Esq Comãnd was Given the Sheriff of Talbott
           agt County that he take Stephen Tully late Sheriff
      Stephen Tully and of the County of Talbott otherwise called
        Seth ifosten Stephen Tully of the County of Talbott in the