524       Provincial Court Proceedings, 1674/5.

         Liber M M Now here at this day to wit the fiftenth day of ffebruary in the
                 43th yeare of the Dominion of Caecilius &c Annoq Doth One thou

                 sand Six hundred Seventy foure came the said Miles Cooke by his
                 Attorny aforesaid and the said John Allen by his Attorny came
                 likewise and the said John Allen Saith nothing in barre or avoidance
                 of the action aforesaid of him the said Miles Cooke whereupon the
                 said Miles remaineth against the said John thereof undefended there
                 fore it is considered by the Court here that the said Miles Cooke
                 recover against the said John Allen aswell the summe of twelve thou
                 sand two hundred fifty 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 expended. and the
                 said John Allen in mercy.

                 Keneim Cheseldyn John Bailey late of St Maries County otherwise
                   agt called John Bailey of St Maries County was
              John Balley    Sumãned to answer unto Kenelm Cheseldyn One
                             of the Attornyes of this Court according to the
                             libertyes and priviledges &c in a plea that he
                             render unto him the sume of Six hundred pounds
                             of tobacco which to him he Oweth and unjustly
                             deteineth.
                   And whereupon the said Kenelm in his proper person Saith that
                 whereas the Said John Bailey the eight and twentith day of ffebruary
                 in the yeare One thousand Six hundred Seventy three did by his
                 certaine writeing obligatory Sealed with the Seale of the Said John
                 and here in Court produced whose date is the same day and yeare
                 abovewritten acknowledge himsel fe to owe and Stand indebted unto
                 the said Kenelm Cheseldyn of the Citty of St Maries the summe of
                 Six hundred pounds of tobacco payable upon demand Notwithstand
                 ing which the said John Bailey the said Summe of Six hundred
                 pounds of tobacco hath not paid according to the tenor of his said
                 writeing Obligatory though often thereunto required but the same
                 to pay hitherto hath and Still doth deny to the damage of the Said
             p. 511 Keneim the summe of Sixteene hundred pounds of tobacco and there
                 upon he bringeth his Suite.
                   And the said John Balley in his proper person in the Custody of
                 the Sheriff of St Maries County cometh and defendeth the force and
                 injury when &c and prayeth liberty to imparle here untill the next
                 Provinciall Court and the same day is given to both parties.
                   Now here at this day to wit the fiftenth day of ffebruary in the
                 43th yeare of the Dominion of Caecilius &c came the said Kenelm
                 in his proper person and offered himselfe against the said John in
                 the plea aforesaid and the said John in his proper person as aforesaid
                 likewise came and the said John Saith nothing in barre or avoidance
                 of the action aforesaid of him the said Keneim whereupon the said