448 Provincial Court Proceedings, 1674/5.




            Liber M MProvince of Maryland Gent and W Seth
            ifoster late of the same County Gent other
                  wise called Seth ffoster of ffosters Island in Talbott County Gent
                  if they Should be found in his Bailiwick and them safe Keepe So
                  that he have their bodyes here at a Provinciall Count to be holden the
                  eighth day of Decem[ben] last past to answer unto his excellency
                  Charles Calvert Esq Capt Generall and cheife Governour of this
              p. 443  Province of Maryland and Cheife justice of the Provinciall Count
                  according to the Liberties and priviledges to such like Cheife justices
                  and Other justices of the same Court in the same Court used and
                  allowed of a plea that they render unto him the full and just quan
                  tity of two hundred thousand pounds of good sound merchantable
                  tobacco and casque to containe the same which to him they Owe and
                  unjustly deteine.
                    Att which said eighth day of December in the yeare aforesaid the
                  said Provinciall Count was by his Lopps writt of adjournment ad
                  journed untill the ninth day of the same December at which said
                  Court the same Sheriff maketh returne of the writt aforesaid that
                  he hath taken the sajd Stephen Tully whose body he hath ready
                  at the time & place as by the same writt he is comãnded and that the
                  said Seth ffoster is not found in his Bailiwick which said cause was
                  continued untill next Court.
                    Now here at this day to wit the tenth day of ffebruary in the yeare
                  aforesaid came the said Charles Calvert by Robert Ridgely his At
                  torny and Saith that whereas the said Stephen Tully and Seth ifoster
                  the two & twentith day of August in the 42th yeare of the Dominion
                  of Caecilius &c Annoq Doth One thousand Six hundred Seventy
                  three by their certaine writeing Obligatory Sealed with the seales of
                  them the said Stephen and Seth and here in Court produced whose
                  date is the same day and yeane aforesaid did acknowledge themselves
                  to be holden and firmly bound unto the said Charles in the full and
                  just quantity of two hundred thousand pounds of good Sound mer
                  chantable tobacco and caske to conteine the same to be paid to the
                  said Charles Calvent Esq on to his certaine Attorny his heirs execu
                  tors admrs or assignes for the which payment well and truly to be
                  made the said Stephen and Seth did bind themselves joyntly and
                  Severally their and either of their heirs executors and administra
                  tors firmly by those presents Notwithstanding which the said Seth
                  and Stephen the said summe of two hundred thousand pounds of
                  tobacco to him the said Charles according to the tenor of the said
                  writeing Obligatory have not paid though often thereunto demanded
                  but the same to pay they and either of them have denyed and yet doe
                  deny whereupon the said Charles Saith he is dampnified and hath lost
                  One hundred thousand pounds of tobacco And thereupon he bringeth
                  his Suite.