Provincial Court Proceedings, 1674/5. 459




      cometh and defendeth the force & injury when &c and prayeth lib- Liber M M
      erty of Speakeing hereunto untill next Court and it is granted him
      the same day is given to both parties here.
        At which day to witt the tenth day of ffebruary in the 43th yeare p. 452
      of his Lopps Dominion Came the said John Clements by his Attorny
      aforesaid but the said James Clayland came not but made default
      therefore it is considered of by the Court here that the said John
      Clemens recover against the said James the said summe of twenty
      Eight hundred pounds of porke and beefe the debt aforesaid as also
      the summe of Six hundred and three pounds of tobacco for his costs
      and charges in this behalfe laid Out.

      Ralph Dawson James Clayland late of the County of Talbott other
          agt wise called James Clayland of the Province of
    James Clayland   Maryland Clerke was Sumoned to answer Ralph
                 Dawson of a plea that he render unto him three
                 thousand foure hundred pounds of tobacco in
                 casque which he oweth him & unjustly deteineth.
        Whereupon the said Ralph by Vincent Lowe his Atlurny corn
      plaineth and Saith that whereas the said James Clayland On the
      Sevententh day of March One thousand Six hundred Seventy two
      by his certaine writeing or bill Obligatory Sealed with the Seale of
      him the said James here in Court produced whose date is the day
      and yeare abovesaid did acknowledge himselfe to be justly and truly
      indebted to him the said Ralfe Dawson his heirs executors admrs the
      full and just sume of three thousand foure hundred pounds of to
      bacco in casque to be paid unto him the said Ralph Dawson upon
      the dwelling plantation of him the Said James in Miles River or a
      Servant man upon his demand upon the tenth day of December next
      ensueing Upon the true payment thereof the said James did bind
      himselfe his heirs and admrs Yet the aforesaid summe of three thou
      sand foure hundred pounds of tobacco the said James to him the
      said Ralph nor a man Servant according to the tenor of his said bill
      hath not paid to him the said Ralph but doth altogether deny and
      refuse to pay the same whereupon the said Ralph Saith he is dampni
      fled and hath losse to the value of five thousand pounds of tobacco
      And thereupon he bringeth his Suite.
        And the Said James by Mathew Warde his Attorny cometh and
      defendeth the force and injury when &c and prayeth liberty of
      Speakeing hereunto untill next Provinciall Court and it is granted
      him the same day is given to both parties here.
        Now here at this day to wit the tenth day of ffebruary in the
      43th yeare of the Dominion of Caecilius &c came the said Ralph
      Dawson by his Attorny aforesaid and offered himselfe against the
      said James Cleyland in the action aforesaid but the said James came
      not but made default Therefore it is considered of by the Court here