Provincial Court Proceedings, 1674/5.523




       43th yeare of his Lopps Dominion &c came the Said Samuel by Liber M M
       Kenelm Cheseldyn his Attorny and offered himselfe against the said
       John Allen in the plea aforesaid and the said John by Robert Carvile
       his Attorny likewise came and Saith nothing in barre or avoidance
       of the action aforesd of him the said Samuel whereupon the Said
       Samuel remaineth against the said John as to the said summe of eight
       thousand twenty foure pounds of tobacco wholly undefended there
       fore it is considered of by the Court here that the said Samuel re
       cover against the said John Allen aswell the summe of Eight thou
       sand twenty foure 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 expended and the said John
       in mercy.

      Miles Cooke John Allen late of Charles County otherwise called
         agt John Allen of Charles County and Province of Mary
     John Allen land merchant was Suthoned to answer unto Miles
                Cooke in a plea that he render unto him the sume
       of twelve thousand two hundred fifty and three pounds of tobacco p. 510
       which to him he oweth and unjustly deteineth.
        And whereupon the Said Miles Cooke by Kenelm Cheseldyn his
       Attorny Saith that whereas the said John Allen the Second day of
       July in the yeare of Our Lord One thousand six hundred Seventy
       three by his certaine writeing Obligatory Sealed with the Seale of
       the Said John Allen here in Court produced whose date is the day
       and yeare abovewritten did bind himselfe his heirs executors admin
       istrators and assignes to pay or cause to be paid unto Capt Miles
       Cooke of the Citty of London marriner his heirs executors admrs and
       assignes the just and intire quantity of twelve thousand two hundred
       fifty and three pounds of Sound merchantable leafe tobacco with
       caske to be paid to the said Captaine Miles Cooke his heirs execu
       tors or assignes at on or before the tenth day of November next
       ensueing conveniently in Wiccocomoco River or Portobacco to the
       true performance whereof he did bind himself e his heirs executors
       admrs and assignes firmly by those presents Notwithstanding which
       the said John Allen the said Summe of twelve thousand two hun
       dred fifty and three pounds of tobacco according to the tenor of his
       Said writeing Obligatory hath not paid to him the Said Miles though
       often thereunto required but the same to him to pay hitherto hath
       and Still doth altogether deny to the damage of the said Miles Cooke
       the summe of fourteene thousand pounds of tobacco And thereupon
       he bringeth his Suite.
        And the said John Allen by Robert Carvile his Attorny cometh
       & defendeth the force and injury when &ct and prayeth liberty to
       imparle here untill the next Provinciall Court the same day is given
       to both parties here.