Provincial Court Proceedings, 16 74/5.   521

      summe of Sixteene hundred pounds of tobacco And thereupon he Liber M M
      bringeth his Suite. And the said Edward Maddock by Samuel p. 508
      Cressey his Attorny cometh and defendeth the force and injury when
      &c and prayeth liberty of Speakeing hereunto untill next Provinciall
      Court the Same day is given to both parties here
        Att which Said next Provinciall Court to wit the fiftenth day of
      ffebruary in the 43th yeare of his Lopps Dominion &c Came the said
      John England by his Attorny aforesaid but the said Edward came
      not but made default therefore it is considered of by the Court here
      that the said John England recover against the said Edward Mad-
      dock the summe of Eight hundred and three pounds of tobacco the
      debt aforesaid as also the summe of five hundred fifty two pounds
      of tobacco for his costs and, charges in this behalfe laid Out and
      disbursed and the said Edward in mercy &c

      Samuel Clarke & Jno England Thomas Galey and Martha his wife
              agt        Executrix of the last will and Testa
      Thomas Galey & ux executrs ment of John Lewger deceased were
        Jno Lewger       Sumöned to answer unto Samuel
                         Clarke and John England in a plea
                         that they render unto them the summe
                         of One thousand Seven hundred eighty
                         five pounds of tobacco which from
                         them they unjustly detaine.
        And whereupon the Said Samuel and John by Keneim Cheseldyn
      their Attorny Saith that whereas the said John Lewger in his life
      time to wit the ninetenth day of May in the yeare One thousand Six
      hundred Sixty nine did by his certaine writeing Obligatory Sealed
      with the seale of the said John Lewger here in Court produced whose
      date is the same day and yeare abovewritten bind himselfe his heirs
      executors admrs to pay or cause to be paid to Samuel Clarke and
      John England both of the Citty of Bristoll their heirs executrs admrs
      or assignes or either of them their lawfull Attorny executors admrs
      or assignes the just and full quantity of One thousand Seven hun
      dred eighty five pounds of good Sound merchantable tobacco with
      caske to containe the same at some convenient place in Charles
      County abovesaid at or upon the tenth day of October next ensueing
      the date thereof. Notwithstanding which the said John Lewger in
      his life time nor the said Martha while she was Sole executrix of
      the last will & Testament of the said John nor the said Thomas and
      Martha Since Espousalls the said sume of One thousand Seven
      hundred eighty five pounds of tobacco to them the said Samuel and
      John though often thereunto required have not paid according to
      the tenor of the Said writeing Obligatory but the Same to them to
      pay hitherto have and Still doe altogether deny to the damage of the
      said Samuel and John the summe of two thousand five hundred
      pounds of tobacco and thereupon they bring their Suite.