514 Provincial Court Proceedings, 1674/5.




        Liber M M Thomas Warner Cornelius Cornehil late of St Maries County
                      agt planter otherwise called Cornelius Cornehil
               Cornelius Cornehil   planter was Sumoned to answer unto Thomas
                              Warner of a plea that he render unto him the
                              summe of two thousand foure hundred pounds
                              of good Sound merchantable leafe tobacco and
                              caske which to him he oweth and unjustly
                              deteineth
                    And whereupon the Said Thomas by Robert Ridgely his Attorny
                  Saith that whereas the Said Cornelius the foure and twentith day
                  of August in the 43th yeare of the Dominion of Caecilius &c Annoq
                  Doth 1674 by his certaine writeing Obligatory Sealed with the
                  Seale of him the Said Cornelius and here in Court produced whose
                  date is the day and yeare abovesaid did bind himselfe his heirs
                  executors admrs or assignes to pay or cause to be paid unto the
                  said Thomas the full and just Summe of two thousand foure hun
                  dred pounds of good Sound merchantable leafe tobacco in casque
                  at or upon the tenth day of October next ensueing the date thereof
                  and to the true performance thereof the said Cornelius did there
                  unto sett his hand and Seale the which tobacco to be paid within
                  half e a mile of Wiccocomoco River Notwithstanding which the said
                  Cornelius the said Summe of two thousand foure hundred pounds
                  of tobacco according to the Tenor of the said writeing Obligatory
                  hath not paid though often demanded but the same to pay hath
                  denyed and as yet doth deny to the damage of the said Thomas two
                  thousand pounds of tobacco & thereupon he bringeth his suite.
                    And the said Cornelius by Robert Carvile his Attorny cometh and
                  defendeth the force and injury when &c and Saith that the said
                  Thomas his action aforesaid against him Ought not to have because
                  he Saith yt the said Thomas Wardner upon the said foure & twentith
                  day of August aforesaid did Covenant and agree that he the said
                  Thomas and his wife would betweene the day of the date of the
                  said writeing obligatory and the last day of October then next Signe
                  Seale & deliver unto the said Cornelius good and law full conveyances
              p. 503 for a pancell of Land lyeing and being in St Maries County called
                  by the name of Warners desire and lyeing upon the east side of
                  Wiccocomocco Maine ifresh as being laid Out for fifty acres more or
                  lesse in consideration whereof the Said Cornelius did upon the Said
                  foure and twentith day of August aforesaid Seale and deliver the
                  writeing Obligatory aforesaid to the said Thomas And the Said Cor
                  nelius further Saith that he did upon the tenth day of October and
                  at Severall dayes and times Since and before the issueing Out the
                  said Originall writ did tender & was and is still ready to pay unto him
                  the Said Thomas the Said Summe of two thousand foure hundred
                  pounds of tobacco So as the said Thomas would make unto him a
                  good assurance of the Said Land which he hath not hitherto done