458       Provincial Court Proceedings, 1674/5.

          Liber M M  pay doth deny and refuse whereupon the said Jeremiah Saith he is
                  dampnified and hath losse to the Value of Seven thousand pounds
                  of tobacco and thereupon he brings his suite.
                   The Sheriff of Talbott County being in misercordia haveing re
                  turned that he hath taken the body of the defendant whom &c and
                  the same Sheriff being called to bring forth the body of the said
                  Thomas Philipps to answer the said Jeremiah in the plea aforesaid
                  delivered in open Court here to wit the tenth day of ffebruary in the
                  three and fourth yeare of the Dominion of Caecilius &c his Baile
                  bond whereupon the same Sheriff was acquitted
                   And the said Thomas Philipps by Robert Carvile his Attorny
                  cometh and defendeth the force and injury when &c and saith nothing
                  in barr or avoidance of the action aforesaid of him the said Jeremiah
                  whereupon the said Jeremiah remaineth against the said Thomas
                  thereof wholly undefended Therefore it is considered by the Court
                  here that the said Jeremiah Eaton recover against the said Thomas
                  Philipps the said summe of tenn thousand pipe Staves foure foot
                  eight inches long and three quarters of an inch thicke as also the sume
                  of five hundred fifty Six pounds of tobacco costs of Suite and the
                  said Thomas in mercy.

                  John Clemens James Clayland late of Talbott County Gent other
                      agt wise called James Clayland of Talbott County in
                  James Clayland the Province of Maryland Clerke was Summoned

                             to answer John Clemens merchant in a plea that he
                             render unto him twenty eight hundred weight of
                             good sound merchantable porke and beefe which to
                             him he oweth and unjustly deteineth.
                   And whereupon the said John by John Rousby his Attorny Saith
                  that whereas the said James the fourtenth day of ffebruary in the
                  yeare of our Lord One thousand six hundred seventy two by his
                  certaine bill obligatory Sealed with the seale of the said James here
                  in Court brought whose date is the same day and yeare did acknowl
                  edge himselfe to owe to the aforesaid John Clemens the said full
                  and just quantity of twenty eight hundred weight of good sound
                  merchantable porke and beefe to be paid at the said John Clements
                  dwelling house in Myles River or Tredhaven the last of November
                  One thousand six hundred Seventy three and to the performance of
                  the same the said James there by bound himselfe his heirs executrs
                  admrs notwithstanding the aforesaid James though often demanded
                  the aforesaid twenty eight hundred weight of beefe and porke to the
                  said John Clemens hath not paid but the same to the said John to
                  pay hitherto hath denyed and yet doe deny and refuse whereupon he
                  saith he is dampnified and hath losse to the value of five thousand
                  pounds tobacco & thereupon he bringeth his suite.
                   And the said James Clayland by Mathew Warde his Attorny